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NEW HAMPSHIRE STATUTES AND CODES

Section 293-B:11 Certificate of Trust; Amendment; Cancellation.


   I. One original and one exact copy of a certificate of trust for a New Hampshire investment trust shall be executed and shall be delivered for filing to the secretary of state. The certificate of trust shall set forth:
      (a) The name of the New Hampshire investment trust;
      (b) The name and the business address of each of the trustees;
      (c) The name and the business address of the registered agent for service of process;
      (d) The future effective date or time, which shall be a date or time certain, of effectiveness of the certificate if it is not to be effective upon the filing of the certificate; and
      (e) Any other information the trustees determine to include.
   II. A certificate of trust may be amended by delivering for filing one original and one exact copy of a certificate of amendment to the secretary of state. The certificate of amendment shall set forth:
      (a) The name of the New Hampshire investment trust;
      (b) The amendment to the certificate; and
      (c) The future effective date or time, which shall be a date or time certain, of effectiveness of the certificate if it is not to be effective upon the filing of the certificate.
   III. A certificate of trust may be amended at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a certificate of trust was false when made or that any matter described has changed, making the certificate false in any material respect, shall promptly file a certificate of amendment.
   IV. A certificate of trust shall be cancelled upon the completion of winding up of the New Hampshire investment trust and its termination. One original and one exact copy of a certificate of cancellation and a statement from the department of revenue administration that all taxes due from or accrued by the New Hampshire investment trust through the effective date of cancellation have been either assessed and paid or adequately provided for in a manner acceptable to the department of revenue administration shall be delivered for filing to the secretary of state and shall set forth:
      (a) The name of the New Hampshire investment trust;
      (b) The date of filing of its certificate of trust;
      (c) The future effective date or time, which shall be a date or time certain, of cancellation if it is not to be effective upon the filing of the certificate; and
      (d) Any other information the trustees determine to include.

Source. 1991, 67:1, eff. May 9, 1991.

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