EX-99.(A)(18) 2 a11-7017_1ex99da18.htm EX-99.(A)(18)

Exhibit 99.(a)(18)

 

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 duly adopted by the Trustees of the Trust on March 8, 2011 as provided in Section 9.3 of the Declaration of Trust of the Trust, said Amendment to take effect on April 29, 2011 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 March, 2011

 

 

 

/s/ Mary E. Mullin

 

Mary E. Mullin

 

Secretary

 


 

AMENDMENT

 

Dated:

March 8, 2011

To be Effective:

April 29, 2011

 

TO

 

MORGAN STANLEY VARIABLE INVESTMENT SERIES

 

DECLARATION OF TRUST

 

DATED

 

February 24, 1983

 


 

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; and

 

WHEREAS, the Trustees of the Trust have deemed it advisable to redesignate the Capital Opportunities Portfolio of the Trust as the Multi Cap Growth Portfolio, such change to be effective on April 29, 2011;

 

NOW, THEREFORE:

 

1.  The Declaration is hereby amended so that the Capital Opportunities Portfolio of the Trust is hereby designated as the “Multi Cap Growth Portfolio”.

 

2.  The Trustees of the Trust hereby reaffirm the Declaration, as amended, in all respects.

 

3.  The undersigned hereby certify that this instrument has been duly adopted in accordance with the provisions of the Declaration.

 

4.  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 March, 2011.

 

 

/s/ Frank L. Bowman

 

/s/ Michael Bozic

Frank L. Bowman, as Trustee, and not individually

 

Michael Bozic, as Trustee, and not individually

c/o Kramer Levin Naftalis & Frankel LLP

 

c/o Kramer Levin Naftalis & Frankel LLP

Counsel to the Independent Trustees

 

Counsel to the Independent Trustees

1177 Avenue of the Americas New York, NY 10036

 

1177 Avenue of the Americas New York, NY 10036

 

 

 

 

 

 

/s/ Kathleen A. Dennis

 

/s/ Manuel H. Johnson

Kathleen A. Dennis, as Trustee, and not individually

 

Dr. Manuel H. Johnson, as Trustee, and not individually

c/o Kramer Levin Naftalis & Frankel LLP

 

c/o Johnson Smick Group, Inc.

Counsel to the Independent Trustees

 

888 16th Street, N.W., Suite 740

1177 Avenue of the Americas

 

Washington, D.C. 20006

New York, NY 10036

 

 

 

 

 

 

 

 

/s/ James F. Higgins

 

/s/ Joseph J. Kearns

James F. Higgins, as Trustee, and not individually

 

Joseph J. Kearns, as Trustee, and not individually

c/o Morgan Stanley Trust

 

c/o Kearns & Associates LLC

Harborside Financial Center, Plaza Two

 

PMB754, 23852 Pacific Coast Highway

Jersey City, NJ 07311

 

Malibu, CA 90265

 

 

 

 

 

 

/s/ Michael F. Klein

 

/s/ Michael E. Nugent

Michael F. Klein, as Trustee, and not individually

 

Michael E. Nugent, as Trustee, and not individually

c/o Kramer Levin Naftalis & Frankel LLP

 

c/o Triumph Capital, L.P.

Counsel to the Independent Trustees

 

445 Park Avenue

1177 Avenue of the Americas

 

New York, NY 10022

New York, NY 10036

 

 

 

 

 

 

 

 

/s/ W. Allen Reed

 

/s/ Fergus Reid

W. Allen Reed, as Trustee, and not individually

 

Fergus Reid, as Trustee, and not individually

c/o Kramer Levin Naftalis & Frankel LLP

 

c/o Joe Pietryka, Inc.

Counsel to the Independent Trustees

 

85 Charles Colman Blvd.

1177 Avenue of the Americas

 

Pawling, NY 12564

New York, NY 10036

 

 

 


 

MA SOC Filing Number: 201136561830 Date: 3/16/2011 2:13:00 PM

 

THE COMMONWEALTH OF MASSACHUSETTS

 

I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on:  March 16, 2011 02:23 PM

 

 

/s/ William Francis Galvin

 

 

 

 

WILLIAM FRANCIS GALVIN

 

 

Secretary of the Commonwealth