EX-99.(A)(14) 2 a08-1144_1ex99da14.htm EX-99.(A)(14)

Exhibit 99.(a)(14)

 

CERTIFICATE

 

The undersigned hereby certifies that she 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 8th, 2008, as provided in Section 9.3 of the said Declaration, said Amendment to take effect on May 1, 2008, 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 April, 2008.

 

 

 

/s/ Mary E. Mullin

 

Mary E. Mullin

 

Secretary

 

AMENDMENT TO THE DECLARATION OF TRUST OF

 

MORGAN STANLEY VARIABLE INVESTMENT SERIES

 

WHEREAS, Morgan Stanley Variable Investment Series (the “Trust”) was established by the Declaration of Trust dated February 24, 1983, as amended from time to time (the “Declaration”), under the laws of the Commonwealth of Massachusetts;

 

WHEREAS, the Trustees of the Trust have deemed it advisable to change the name of The Equity Portfolio of the Trust to the “Capital Opportunities Portfolio,” such change to be effective on May 1, 2008.

 

NOW, THEREFORE:

 

1.  The Declaration is hereby amended so that the Equity Portfolio is designated the “Capital Opportunities 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.

 



 

IN WITNESS THEREOF, the undersigned, the Trustees of the Trust, have executed this instrument this 8th day of April, 2008.

 

 

/s/ Frank L. Bowman

 

/s/ Michael Bozic

Frank L. Bowman, as Trustee, and not individually
c/o Kramer Levin Naftalis & Frankel LLP
Counsel to the Independent Trustees
1177 Avenue of the Americas
New York, NY 10036

 

Michael Bozic, as Trustee, and not individually
c/o Kramer Levin Naftalis & Frankel LLP
Counsel to the Independent Trustees
1177 Avenue of the Americas
New York, NY 10036

 

 

 

/s/ Kathleen A. Dennis

 

/s/ Dr. Manuel H. Johnson

Kathleen A. Dennis, as Trustee, and not individually
c/o Kramer Levin Naftalis & Frankel LLP
Counsel to the Independent Trustees
1177 Avenue of the Americas
New York, NY 10036

 

Dr. Manuel H. Johnson, as Trustee, and not individually
c/o Johnson Smick Group, Inc.
888 16th Street, N.W., Suite 740
Washington, D.C. 20006

 

 

 

/s/ James F. Higgins

 

/s/ Joseph J. Kearns

James F. Higgins, as Trustee, and not individually
c/o Morgan Stanley Trust
Harborside Financial Center, Plaza Two
Jersey City, NJ 07311

 

Joseph J. Kearns, as Trustee, and not individually
c/o Kearns & Associates LLC
PMB754
23852 Pacific Coast Highway
Malibu, CA 90265

 

 

 

/s/ Michael F. Klein

 

/s/ Michael E. Nugent

Michael F. Klein, as Trustee, and not individually
c/o Kramer Levin Naftalis & Frankel LLP
Counsel to the Independent Trustees
1177 Avenue of the Americas
New York, NY 10036

 

Michael E. Nugent, as Trustee, and not individually
c/o Triumph Capital, L.P.
445 Park Avenue
New York, NY 10022

 

 

 

/s/ W. Allen Reed

 

/s/ Fergus Reid

W. Allen Reed, as Trustee, and not individually
c/o Kramer Levin Naftalis & Frankel LLP
Counsel to the Independent Trustees
1177 Avenue of the Americas
New York, NY 10036

 

Fergus Reid, as Trustee, and not individually
c/o Lumelite Plastics Corporation
85 Charles Colman Blvd.
Pawling, NY 12564

 



 

STATE OF NEW YORK

)

 

)ss:

COUNTY OF NEW YORK

)

 

 

On this 8th day of April 2008, FRANK L. BOWMAN, MICHAEL BOZIC, KATHLEEN A. DENNIS, MANUEL H. JOHNSON, JAMES F. HIGGINS, JOSEPH J. KEARNS, MICHAEL F. KLEIN, MICHAEL E. NUGENT, W. ALLEN REED AND FERGUS REID, 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/ Jonn William Plerchee

 

Notary Public, State of New York

 

No. 01PL6080628

 

Qualified in New York County

 

Commission Expires Sept. 16, 2010

 

 

My Commission expires: