EX-99.1(J) 3 a2077034zex-99_1j.txt EXHIBIT 99.1(J) CERTIFICATE The undersigned hereby certifies that he is the Secretary of Morgan Stanley Variable Investment Series (the "Trust"), an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts, that annexed hereto is an Amendment to the Declaration of Trust of the Trust adopted by the Trustees of the Trust on April 19, 2002, as provided in Section 9.3 of the said Declaration, said Amendment to take effect on May 1, 2002, 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 19th day of April, 2002. /s/ Barry Fink --------------- Barry Fink Secretary AMENDMENT Dated: April 19, 2002 To be Effective: May 1, 2002 TO MORGAN STANLEY VARIABLE INVESTMENT SERIES DECLARATION OF TRUST DATED FEBRUARY 24, 1983 Amendment dated April 19, 2002 to the Declaration of Trust (the "Declaration") of Morgan Stanley Variable Investment Series (the "Trust") dated February 24, 1983 WHEREAS, the Trust was established by the Declaration on the date hereinabove set forth under the laws of the Commonwealth of Massachusetts; and WHEREAS, the Trustees of the Trust have deemed it advisable to change the name of the Short-Term Bond Portfolio of the Trust to the "Limited Duration Portfolio," such change to be effective on May 1, 2002; NOW, THEREFORE: 1. The Declaration is hereby amended so that the Short-Term Bond Portfolio is hereby designated the "Limited Duration Portfolio." 2. The Trustees of the Trust hereby reaffirm the Declaration, as amended, in all respects. 3. 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. STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) On this 19th day of April, 2002, MICHAEL BOZIC, CHARLES A. FIUMEFREDDO, EDWIN J. GARN, JAMES F. HIGGINS, WAYNE E. HEDIEN, MANUEL H. JOHNSON, MICHAEL E. NUGENT, PHILIP J. PURCELL and JOHN L. SCHROEDER, known to me to be the individuals described in and who executed the foregoing instrument, personally appeared before me and they severally acknowledged the foregoing instrument to be their free act and deed. /s/ Rosemarie Costagliola ------------------------- Notary Public Rosemarie Costagliola NOTARY PUBLIC, State of New York No. 01CO6016161 Qualified in New York County Commission Expires November 9, 2002 IN WITNESS WHEREOF, the undersigned, the Trustees of the Trust, have executed this instrument this 19th day of April, 2002. /s/ Michael Bozic /s/ Charles A. Fiumefreddo ------------------------------- ------------------------------- Michael Bozic, as Trustee Charles A. Fiumefreddo, as Trustee and not individually and not individually c/o Mayer, Brown & Platt c/o Morgan Stanley Dean Witter Trust FSB Counsel to the Independent Trustees Harborside Financial Center, Plaza Two 1675 Broadway Jersey City, NJ 07311 New York, NY 10019 /s/ Edwin J. Garn /s/ Wayne E. Hedien ------------------------------- ------------------------------- Edwin J. Garn, as Trustee Wayne E. Hedien, as Trustee and not individually and not individually c/o Summit Ventures LLC c/o Mayer, Brown & Platt 1 Utah Center Counsel to the Independent Trustees 201 S. Main Street 1675 Broadway Salt Lake City, UT 84111 New York, NY 10019 /s/ James F. Higgins /s/ Manuel H. Johnson ------------------------------- ------------------------------- James F. Higgins, as Trustee Manuel H. Johnson, as Trustee and not individually and not individually c/o Morgan Stanley Dean Witter Trust FSB c/o Johnson Smick International Inc. Harborside Financial Center, Plaza Two 1133 Connecticut Avenue, NW Jersey City, NJ 07311 Washington, D.C. 20036 /s/ Michael E. Nugent /s/ Philip J. Purcell ------------------------------- ------------------------------- Michael E. Nugent, as Trustee Philip J. Purcell, as Trustee and not individually and not individually c/o Triumph Capital, L.P. 1585 Broadway 237 Park Avenue New York, NY 10036 New York, NY 10017 /s/ John L Schroeder ------------------------------- John L. Schroeder, as Trustee and not individually c/o Mayer, Brown & Platt Counsel to the Independent Trustees 1675 Broadway New York, NY 10019