EX-99.28.A.2 2 fp0055411_ex9928a2.htm

Certificate of Amendment of
The Amended and Restated Declaration of Trust
Dated October 10, 2011
of
The Shelton Greater China Fund

 

Amendment No. 1

 

Amendment No. 1 to the Amended and Restated Declaration of Trust dated October 10, 2011 of the Shelton Greater China Fund (the "Trust"), effective as of the 22th day of April, 2016.

 

WHEREAS, section 8.3 of the Amended and Restated Declaration of Trust grants the Trustees the power, in their discretion from time to time and without shareholder approval, to change the name of the Trust.

 

NOW, THEREFORE, Section 1.1 of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "The name of the trust created hereby is "SCM Trust". The principal place of business of the Trust is 1050 17th Street, Suite 1710, Denver, Colorado 81265. The resident agent for service of process, upon whom all lawful process in an action or proceeding against the Trust may be served, is Stephen C. Rogers, Chief Executive Officer, c/o Shelton Capital Management, 1050 17th Street, Suite 1710, Denver, Colorado 81265."

 

NOW, THEREFORE, Section 6.4.(c)(ii) of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "Notwithstanding the provisions of this Section 6.4., the Shares outstanding will be designated SCM Trust series."

 

NOW, THEREFORE, the first paragraph of Article X Redemptions of the Amended and Restated Declaration of Trust shall be deleted in its entirety.

 

NOW, THEREFORE, the name "Shelton Greater China Fund" appearing in Schedule A of the Amended and Restated Declaration of Trust shall be deleted and replaced with "SCM Trust".

 

IN WITNESS WHEREOF, the undersigned have executed this Certificate of Amendment this 18th day of April 2016.

 

/s/Steve Rogers   /s/Stephen Sutro  
*Stephen C. Rogers, as Trustee and not individually   *Stephen H. Sutro, as Trustee and not individually  
105017th Street, Suite 1710   Duane Morris, LLP  
Denver, CO 82165   One Market Spear Tower, 20th Floor  
    San Francisco, CA 94111  
       
/s/Kevin Kogler   /s/Marco Quazzo  
*Kevin T. Kogler, as Trustee and not individually   *Marco L. Quazzo, as Trustee and not individually  
70 Edge Road   Bartko, Zankel, Bunzel & Miller  
Atherton, CA 94072   One Embarcadero Center, Suite 800  
    San Francisco, CA 94111  

 

*Signed by Teresa Axelson, Chief Compliance Officer pursuant to Powers of Attorney executed by each of the named Trustees and filed by Post-Effective Amendment to the Shelton Greater China Fund Trust registration statement with the Securities Exchange Commission on March 31, 2016.

 

 

 

SHELTON GREATER CHINA FUND

AMENDED AND REST&ED
DECLARATION OF TRUST

 

 

Effective as of October 10, 2011

 

 

 

 

Certificate of Amendment of
The Amended and Restated Declaration of Trust
Dated October 10, 2011
of
The Shelton Greater China Fund

 

Amendment No. 1

 

Amendment No. 1 to the Amended and Restated Declaration of Trust dated October 10, 2011 of the Shelton Greater China Fund (the "Trust"), effective as of the 22th day of April, 2016.

 

WHEREAS, section 8.3 of the Amended and Restated Declaration of Trust grants the Trustees the power, in their discretion from time to time and without shareholder approval, to change the name of the Trust.

 

NOW, THEREFORE, Section 1.1 of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "The name of the trust created hereby is "SCM Trust". The principal place of business of the Trust is 1050 17th Street, Suite 1710, Denver, Colorado 81265. The resident agent for service of process, upon whom all lawful process in an action or proceeding against the Trust may be served, is Stephen C. Rogers, Chief Executive Officer, c/o Shelton Capital Management, 1050 17th Street, Suite 1710, Denver, Colorado 81265."

 

NOW, THEREFORE, Section 6.4.(c)(ii) of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "Notwithstanding the provisions of this Section 6.4., the Shares outstanding will be designated SCM Trust series."

 

NOW, THEREFORE, the first paragraph of Article X Redemptions of the Amended and Restated Declaration of Trust shall be deleted in its entirety.

 

NOW, THEREFORE, the name "Shelton Greater China Fund" appearing in Schedule A of the Amended and Restated Declaration of Trust shall be deleted and replaced with "SCM Trust".

 

INOITNESS WHEREOF, the undersigned have executed this Certificate of Amendment this ___ day of April 18, 2016.

 

  /s/ Stephen C. Rogers  
  Stephen C. Rogers, as Trustee and not individually  
  1050 17th Street, Suite 1710  
  Denver, CO 82165  
     
     
  Kevin T. Kogler, as Trustee and not individually  
  70 Edge Road  
  Atherton, CA 94072  
     
     
  Stephen H. Sutro, as Trustee and not individually  
  Duane Morris, LLP  
  One Market, Spear Tower, 20th Floor  
  San Francisco, CA 94111  
     
     
  Marco L. Quazzo, as Trustee and not individually  
  Bartko, Zankel, Bunzel & Miller  
  One Embarcadero Center, Suite 800  
  San Francisco, CA 94111  

 

 

 

Certificate of Amendment of
The Amended and Restated Declaration of Trust
Dated October 10, 2011
of
The Shelton Greater China Fund

 

Amendment No. 1

 

Amendment No. 1 to the Amended and Restated Declaration of Trust dated October 10, 2011 of the Shelton Greater China Fund (the “Trust”), effective as of the 22th day of April, 2016.

 

WHEREAS, section 8.3 of the Amended and Restated Declaration of Trust grants the Trustees the power, in their discretion from time to time and without shareholder approval, to change the name of the Trust.

 

NOW, THEREFORE, Section 1.1 of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in Its place shall be inserted "The name of the trust created hereby is "SCM Trust". The principal place of business of the Trust is 1050 17th Street, Suite 1710, Denver, Colorado 81265. The resident agent for service of process, upon whom ail lawful process in an action or proceeding against the Trust may be served, is Stephen C. Rogers, Chief Executive Officer, c/o Shelton Capital Management,1050 17th Street, Suite 1710, Denver, Colorado 81265."

 

NOW, THEREFORE, Section 6.4.(c)(ii) of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "Notwithstanding the provisions of this Section 6.4., the Shares outstanding will be designated SCM Trust series."

 

NOW, THEREFORE, the first paragraph of Article X Redemptions of the Amended and Restated Declaration of Trust shall be deleted in its entirety.

 

NOW, THEREFORE, the name "Shelton Greater China Fund" appearing in Schedule A of the Amended and Restated Declaration of Trust shall be deleted and replaced with "SCM Trust".

 

IN WBTNESS WHEREOF, the undersigned have executed this Certificate of Amendment this ___ day of April 18, 2016.

 

   
  Stephen C. Rogers, as Trustee and not individually  
  1050 17th Street, Suite 1710  
  Denver, CO 82165  
     
  /s/ Kevin T. Kogler  
  Kevin T. Kogler, as Trustee and not individually  
  70 Edge Road  
  Atherton, CA 94072  
     
     
  Stephen H. Sutro, as Trustee and not individually  
  Duane Morris, LLP  
  One Market, Spear Tower, 20th Floor  
  San Francisco, CA 94111  
     
     
  Marco L. Quazzo, as Trustee and not individually  
  Bartko, Zankel, Bunzel & Miller  
  One Embarcadero Center, Suite 800  
  San Francisco, CA 94111  

 

 

 

Certificate of Amendment of
The Amended and Restated Declaration of Trust
Dated October 10, 2011
of
The Shelton Greater China Fund

 

Amendment No. 1

 

Amendment No. 1 to the Amended and Restated Declaration of Trust dated October 10, 2011 of the Shelton Greater China Fund (the "Trust"), effective as of the 22th day of April, 2016.

 

WHEREAS, section 8.3 of the Amended and Restated Declaration of Trust grants the Trustees the power, in their discretion from time to time and without shareholder approval, to change the name of the Trust.

 

NOW, THEREFORE, Section 1.,1 of the Amended and Restated Declaration of Trust snail be deleted in its entirety and in its place shall be inserted “The name of the trust created hereby is "SCM Trust". The principal place of business of the Trust is 1050 17th Street, Suite 1710, Denver, Colorado 21265. The resident agent for service of process, upon whom ail lawful process in an action or proceeding against the Trust may be served, is Stephen C. Rogers, Chief Executive Officer, c/o Shelton Capital Management, 1050 17TH Street, Suite 1710, Denver, Colorado 81265."

 

NOW, THEREFORE, Section 6.4.(c)(11) of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "Notwithstanding the provisions of this Section GA, the Shares outstanding will be designated SCM Trust series."

 

NOW, THEREFORE, the first paragraph of Article X Redemptions of the Amended and Restated Declaration of Trust shall be deleted in its entirety.

 

NOW, THEREFORE, the name “Shelton Greater China Fund” appearing in Schedule A of the Amended and Restated Declaration of Trust shall be deleted and replaced with "SCM Trust".

 

IN WITNESS WHEREOF, the undersigned have executed this Certificate of Amendment this ___ day of April 18, 2016.

 

   
  Stephen C. Rogers, as Trustee and not individually  
  1050 17th Street, Suite 1710  
  Denver, CO 82165  
     
     
  Kevin T. Kogler, as Trustee arid not individually  
  70 Edge Road  
  Atherton, CA 84072  
     
  /s/ Stephen H. Sutro  
  Stephen H. Sutro, as Trustee and not individually  
  Duane Norris, LLP  
  One Market, Spear Tower, 20th Floor  
  San Francisco, CA 94111  
     
     
  Marco L. Quazzo, as Trustee and not individually  
  Bartko, Zankel, Bunzel & Miller  
  One Embarcadero Center, Suite 800  
  San Francisco, CA 94111  

 

 

 

Certificate of Amendment of
The Amended and Restated Declaration of Trust
Dated October 10, 2011
of
The Shelton Greater China Fund

 

Amendment No. 1

 

Amendment No. 1 to the Amended and Restated Declaration of Trust dated October 10, 2011 of the Shelton Greater China Fund (the "Trust"), effective as of the 22th day of April, 2016.

 

WHEREAS, section 8.3 of the Amended and Restated Declaration of Trust grants the Trustees the power, in their discretion from time to time and without shareholder approval, to change the name of the Trust.

 

NOW, THEREFORE, Section 1.1 of the Amended and Restated Declaration of Trust shall be deleted In Its entirety and in its place shall be inserted “The name of the trust created hereby is "SCM Trust". The principal place of business of the Trust is 1050 17th Street, Suite 1710, Denver, Colorado 81265. The resident agent for service of process, upon whom all lawful process in an action or proceeding against the Trust may be served, is Stephen C. Rogers, Chief Executive Officer, c/o Shelton Capital Management, 1050 17th Street, Suite 1710, Denver, Colorado 81265."

 

NOW, THEREFORE, Section 6A.(c)(ii) of the Amended and Restated Declaration of Trust shall be deleted in its entirety and in its place shall be inserted "Notwithstanding the provisions of this Section 6.4., the Shares outstanding will be designated SCM Trust series."

 

NOW, THEREFORE, the first paragraph of Article X Redemptions of the Amended and Restated Declaration of Trust shall be deleted in its entirety.

 

NOW THEREFORE, the name "Shelton Greater China Fund" appearing in Schedule A of the Amended and Restated Declaration of Trust shall be deleted and replaced with "SCM Trust".

 

IN WITNESS WHEREOF, the undersigned have executed this Certificate of Amendment this ___ day of April 18, 2016.

 

   
  Stephen C. Rogers, as Trustee and not individually  
  1050 17th Street, Suite 1710  
  Denver, CO 82165  
     
     
  Kevin T. Kogler, as Trustee and not individually  
  70 Edge Road  
  Atherton, CA 84072  
     
     
  Stephen H. Sutro, as Trustee and not individually  
  Duane Norris, LLP  
  One Market, Spear Tower, 20th Floor  
  San Francisco, CA 94111  
     
  /s/ Marco L. Quazzo  
  Marco L. Quazzo, as Trustee and not individually  
  Bartko, Zankel, Bunzel & Miller  
  One Embarcadero Center, Suite 800  
  San Francisco, CA 94111