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As Of Filer Filing For·On·As Docs:Size Issuer Agent 2/28/14 Morgan Stanley Mtge Secs Trust 485BPOS 2/28/14 4:1.5M Merrill Corp-MD/FA → Morgan Stanley Mortgage Securities Trust ⇒ A (MTGAX) — B (MTGBX) — I (MTGDX) — L (MTGCX) |
Document/Exhibit Description Pages Size 1: 485BPOS Post-Effective Amendment HTML 1.05M 2: EX-99.(A)(7) Miscellaneous Exhibit HTML 34K 3: EX-99.(I)(3) Miscellaneous Exhibit HTML 7K 4: EX-99.(J) Miscellaneous Exhibit HTML 7K
Exhibit 99.(a)(7)
CERTIFICATE
The undersigned hereby certifies that she is the Secretary of Morgan Stanley Mortgage Securities Trust (the “Trust”), an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts, that annexed hereto is an Amendment to the Amended and Restated Declaration of Trust of the Trust adopted by the Trustees of the Trust on January 8, 2010 as provided in Section 9.3 of the Declaration of Trust of the Trust, said Amendment to take effect on January 8, 2010 and I do hereby further certify that such Amendment has not been amended and is on the date hereof in full force and effect.
Dated this 8th day of January, 2010
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/s/ Mary E. Mullin |
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Secretary |
AMENDMENT
Dated: |
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To be Effective: |
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TO
MORGAN STANLEY MORTGAGE SECURITIES TRUST
AMENDED AND RESTATED DECLARATION OF TRUST
DATED
March 25, 1987
MORGAN STANLEY MORTGAGE SECURITIES TRUST
AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF TRUST
WHEREAS, Morgan Stanley Mortgage Securities Trust (the “Trust”) was established by the Amended and Restated Declaration of Trust dated March 25, 1987, as amended from time to time (the “Declaration”), under the laws of the Commonwealth of Massachusetts;
WHEREAS, Section 9.3 of the Declaration provides that the Trustees may amend the Declaration without the vote or consent of Shareholders to supply any omission or to cure, correct or supplement any ambiguous, defective or inconsistent provision thereof; and
WHEREAS, the Trustees of the Trust have deemed it advisable to clarify the circumstances under which Shareholder approval is required for investment advisory and management contracts entered into by the Trustees;
NOW, THEREFORE:
I. Section 4.1 of the Declaration is hereby amended so that it shall read in its entirety as follows:
Section 4.1. Investment Adviser. Subject to approval by a Majority Shareholder Vote, the Trustees may in their discretion from time to time enter into one or more investment advisory or management contracts whereby the other party or parties to any such contracts shall undertake to furnish the Trust such management, investment advisory, administration, accounting, legal, statistical and research facilities and services, promotional or marketing activities, and such other facilities and services, if any, as the Trustees shall from time to time consider desirable and all upon such terms and conditions as the Trustees may in their discretion determine; provided, however, that such contract or contracts shall not be subject to approval by Shareholders where the party providing such services does so at cost or is not compensated. Notwithstanding any provisions of the Declaration, the Trustees may authorize the Investment Advisers, or any of them, under any such contracts (subject to such general or specific instructions as the Trustees may from time to time adopt) to effect purchases, sales, loans or exchanges of portfolio securities and other investments of the Trust on behalf of the Trustees or may authorize any officer, employee or Trustee to effect such purchases, sales, loans or exchanges pursuant to recommendations of such Investment Advisers, or any of them (and all without further action by the Trustees). Any such purchases, sales, loans and exchanges shall be deemed to have been authorized by all of the Trustees. The Trustees may, in their sole discretion, call a meeting of Shareholders in order to submit to a vote of Shareholders at such meeting the approval or continuance of any such investment advisory or management contract. If the Shareholders of any one or more of the Series of the Trust should fail to approve any such investment advisory or management contract, the Investment Adviser may nonetheless serve as Investment Adviser with respect to any Series whose Shareholders approve such contract.
II. The Trustees of the Trust hereby reaffirm the Declaration, as amended, in all respects.
III. The undersigned hereby certify that this instrument has been duly adopted in accordance with the provisions of the Declaration.
IV. This amendment may be executed in more than one counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
IN WITNESS THEREOF, the undersigned, the Trustees of the Trust, have executed this instrument this 8th day of January, 2010.
/s/ Frank L. Bowman |
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/s/ Michael Bozic |
Frank L. Bowman, as Trustee, and not individually |
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Michael Bozic, as Trustee, and not individually |
c/o Kramer Levin Naftalis & Frankel LLP |
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c/o Kramer Levin Naftalis & Frankel LLP |
Counsel to the Independent Trustees |
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Counsel to the Independent Trustees |
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Kathleen A. Dennis, as Trustee, and not individually |
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Dr. Manuel H. Johnson, as Trustee, and not individually |
c/o Kramer Levin Naftalis & Frankel LLP |
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c/o Johnson Smick Group, Inc. |
Counsel to the Independent Trustees |
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888 16th Street, N.W., Suite 740 |
1177 Avenue of the Americas |
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/s/ James F. Higgins |
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/s/ Joseph J. Kearns |
James F. Higgins, as Trustee, and not individually |
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Joseph J. Kearns, as Trustee, and not individually |
c/o Morgan Stanley Trust |
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c/o Kearns & Associates LLC |
Harborside Financial Center, Plaza Two |
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PMB754, 23852 Pacific Coast Highway |
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/s/ Michael F. Klein |
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Michael F. Klein, as Trustee, and not individually |
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Michael E. Nugent, as Trustee, and not individually |
c/o Kramer Levin Naftalis & Frankel LLP |
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c/o Triumph Capital, L.P. |
Counsel to the Independent Trustees |
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445 Park Avenue |
1177 Avenue of the Americas |
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/s/ W. Allen Reed |
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/s/ Fergus Reid |
W. Allen Reed, as Trustee, and not individually |
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Fergus Reid, as Trustee, and not individually |
c/o Kramer Levin Naftalis & Frankel LLP |
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c/o Lumelite Plastics Corporation |
Counsel to the Independent Trustees |
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85 Charles Colman Blvd. |
1177 Avenue of the Americas |
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This ‘485BPOS’ Filing | Date | Other Filings | ||
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Filed on / Effective on: | 2/28/14 | None on these Dates | ||
1/8/10 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/28/24 Morgan Stanley Mtge Secs Trust 485BPOS 2/28/24 15:5.3M Broadridge Fin’l… Inc/FA 2/28/23 Morgan Stanley Mtge Secs Trust 485BPOS 2/28/23 16:5M Broadridge Fin’l… Inc/FA 2/28/22 Morgan Stanley Mtge Secs Trust 485BPOS 2/28/22 18:4.9M Broadridge Fin’l… Inc/FA 2/25/21 Morgan Stanley Mtge Secs Trust 485BPOS 2/26/21 16:4.8M Broadridge Fin’l… Inc/FA |