N.H. Rev. Stat. § 293-B:14

Current through the 2024 Legislative Session

Section 293-B:14 - Filing

I. One original and one exact copy of any certificate authorized to be filed with the secretary of state under this chapter shall be delivered to the secretary of state. Documents filed electronically need not be accompanied by an exact or conformed copy. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law the secretary of state shall:

(a) Certify that the certificate has been filed in the secretary of state's office by endorsing upon the original certificate the word "Filed," and the date of the filing. This endorsement is conclusive of the date of its filing in the absence of actual fraud;

(b) File and index the endorsed certificate; and

(c) Return the exact copy or acknowledged copy, similarly endorsed, to the person who filed it or his or her representative.

II. Upon the filing of a certificate of trust with the secretary of state, or upon the future effective date or time of a certificate of trust as provided for therein, the certificate of trust shall be effective. Upon the filing of a certificate of amendment, certificate of correction, corrected certificate, or restated certificate in the office of the secretary of state, or upon the future effective date or time of a certificate of amendment or restated certificate as provided for therein, the certificate of trust shall be amended or restated as set forth therein. Upon the filing of a certificate of cancellation or a certificate of merger or consolidation which acts as a certificate of cancellation or a certificate of transfer or a certificate of conversion to a non-New Hampshire entity with the secretary of state, or upon the future effective date or time of a certificate of cancellation or a certificate of merger or consolidation which acts as a certificate of cancellation or a certificate of transfer or a certificate of conversion to a non-New Hampshire entity, as provided for therein, the certificate of trust shall be cancelled. Upon the filing of a certificate of termination or amendment, the original certificate identified in the certificate of termination or amendment shall be terminated or amended, as the case may be.

III. A fee as set forth in RSA 293-B:15, I shall be paid at the time of the filing of a certificate of trust, a certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, a certificate of cancellation, a certificate of merger or consolidation, a certificate of conversion, a certificate of transfer, a certificate of transfer and continuance, a certificate of New Hampshire investment trust domestication, or a restated certificate.

IV. The fact that a certificate of trust is on file with the secretary of state is notice that the entity formed in connection with the filing of the certificate of trust is a New Hampshire investment trust formed under the laws of this state and is notice of all other facts set forth therein which are required to be set forth in a certificate of trust by RSA 293-B:12, I and is notice of the limitation on liability of a series of a New Hampshire investment trust which is permitted to be set forth in a certificate of trust by RSA 293-B:6, II.

RSA 293-B:14

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