TITLE XXVII CORPORATIONS, ASSOCIATIONS, AND PROPRIETORS OF COMMON LANDS
CHAPTER 293-B TREATMENT OF NEW HAMPSHIRE INVESTMENT TRUSTS
Section 293-B:9
293-B:9 Trustee in State. –
I. Every New Hampshire investment trust shall at all times have at least one trustee which may either be a natural person or a bank, and in the case of a natural person shall be a person who is a resident of this state. As long as this requirement is satisfied, any additional trustee need not be a bank or natural person who is a resident of this state.
II. Notwithstanding the provisions of paragraph I, if a New Hampshire investment trust is or becomes a registered investment company under the Investment Company Act of 1940, (15 U.S.C. section 80a-1 et seq.), as amended, such New Hampshire investment trust shall not be required to have a trustee who is a resident of this state or a bank if and for so long as such New Hampshire investment trust shall be in compliance with paragraph III.
III. Each New Hampshire investment trust shall have and maintain in this state:
(a) A registered office, which may but need not be a place of business in this state; and
(b) A registered agent for service of process on the New Hampshire investment trust, which agent may be either an individual resident of this state or a business entity authorized to do business in this state.
IV. A New Hampshire investment trust may change the location of its registered office in this state to any other place in this state, or may change the registered agent to any other individual resident of this state or business entity having its principal place of business in this state, by delivering for filing an amendment to its certificate of trust to the secretary of state in accordance with the applicable provisions of this chapter. If a New Hampshire investment trust which is an investment company registered as aforesaid maintains a registered office and registered agent in this state as herein provided, then the reference in RSA 293-B:12, I(b) to the "name and the business address of each of the trustees" shall be deemed a reference to the name and the business address of the registered agent and registered office maintained under this section, and the certificate of trust filed under RSA 293-B:12 shall reflect such information in lieu of the information otherwise required by RSA 293-B:12, I(b).
V. Service of process upon a registered agent maintained by a New Hampshire investment trust pursuant to paragraph III of this section shall be as effective as if served upon one of the trustees of the New Hampshire investment trust pursuant to RSA 293-B:6.
VI. A trustee or registered agent of a New Hampshire investment trust whose address, as set forth in a certificate of trust pursuant to RSA 293-B:12, I(b), has changed may change such address in the certificates of trust of all New Hampshire investment trusts for which such trustee or registered agent is appointed to another address in the state by paying a fee as set forth in RSA 293-B:15 and filing with the secretary of state a certificate, executed by such trustee or registered agent, setting forth the address of such trustee or registered agent before it was changed, and further certifying as to the new address of such trustee or registered agent for each of the New Hampshire investment trusts for which it is trustee or registered agent. Upon the filing of such certificate, the secretary of state shall furnish to the trustee or registered agent a certified copy of the same under the secretary's hand and seal of office, and thereafter, or until further change of address, as authorized by law, the address of such trustee or registered agent in this state for each of the New Hampshire investment trusts for which it is trustee or registered agent shall be located at the new address of the trustee or registered agent thereof as given in the certificate. A trustee or registered agent of a New Hampshire investment trust whose name, as set forth in a certificate of trust pursuant to RSA 293-B:12, I(b), has changed may change such name in the certificates of trust of all New Hampshire investment trusts for which such trustee or registered agent is appointed to its new name by paying a fee as set forth in RSA 293-B:15 and filing with the secretary of state a certificate, executed by such trustee or registered agent, setting forth the name of such trustee or registered agent before it was changed and further certifying as to the new name of such trustee or registered agent for each of the New Hampshire investment trusts for which it is a trustee or registered agent. Upon the filing of such certificate and payment of such fee, the secretary of state shall furnish to the trustee or registered agent a certified copy of the certificate under the secretary's hand and seal of office. A change of name of any person acting as a trustee or registered agent of a New Hampshire investment trust as a result of a merger or consolidation of the trustee or registered agent with another person who succeeds to its assets and liabilities by operation of law shall be deemed a change of name for purposes of this section. Filing a certificate under this section shall be deemed to be an amendment of the certificate of trust of each New Hampshire investment trust affected thereby, and no further action with respect thereto to amend its certificate of trust under RSA 293-B:12 shall be required. Any trustee or registered agent filing a certificate under this section shall promptly, upon such filing, deliver a copy of any such certificate to each New Hampshire investment trust affected thereby.