TITLE XXVII
CORPORATIONS, ASSOCIATIONS, AND PROPRIETORS OF COMMON LANDS

CHAPTER 293-B
TREATMENT OF NEW HAMPSHIRE INVESTMENT TRUSTS

Section 293-B:13

    293-B:13 Execution. –
I. Each certificate required by this chapter to be delivered for filing to the secretary of state shall be executed in one original and one exact copy in the following manner:
(a) A certificate of trust shall be signed by all of the trustees;
(b) A certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, and a restated certificate of trust shall be signed by at least one of the trustees;
(c) A certificate of cancellation shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust; and
(d) If a New Hampshire investment trust is filing a certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by all of the trustees or as otherwise provided in the governing instrument of the New Hampshire investment trust, or, if the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate is being filed by another investment entity, than the certificate of merger or consolidation, certificate of conversion, certificate of New Hampshire investment trust domestication, certificate of transfer, certificate of transfer and continuance, or certificate of termination or amendment to any such certificate shall be signed by a person authorized to execute such instrument on behalf of such other investment entity.
II. Unless otherwise provided in the governing instrument of a New Hampshire investment trust, any person may sign any certificate or amendment thereof or enter into a governing instrument or amendment thereof by any agent, including any attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment thereof or to enter into a governing instrument or amendment thereof need not be in writing, need not be sworn to, verified or acknowledged, and need not be filed with the secretary of state, but if in writing, must be retained by the New Hampshire investment trust or a trustee or other person authorized to manage the business and affairs of the New Hampshire investment trust.
III. The execution of a certificate by a trustee constitutes an oath or affirmation, under the penalties of perjury that, to the best of the trustee's knowledge and belief, the facts stated in the certificate are true.
IV. Documents filed electronically need not be accompanied by an exact or conformed copy, but shall be accompanied by the correct filing fee required by this chapter.

Source. 2010, 149:2, eff. June 14, 2010.