EX-99.(S) 3 a10-13409_1ex99ds.htm EX-99.(S)

Exhibit 99.(s)

 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Manuel H. Johnson, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

Dated:      June 30, 2010

 

 

 

 

/s/ Manuel H. Johnson

 

Manuel H. Johnson

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that W. Allen Reed, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated:      June 30, 2010

 

 

 

 

/s/ W. Allen Reed

 

W. Allen Reed

 



 

POWER OF ATTORNEY

 

CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you.  You do not lose your authority to act even though you have given your agent similar authority.

 

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.

 

Your agent can act on your behalf only after signing the Power of Attorney before a notary public.

 

You can request information from your agent at any time.  If you are revoking a prior Power of Attorney by executing this Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to the financial institutions where your accounts are located.

 

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind.  If you are no longer of sound mind, a court can remove an agent for acting improperly.

 

Your agent cannot make health care decisions for you.  You may execute a “Health Care Proxy” to do this.

 

The law governing Powers of Attorney is contained in the New York General Obligations Law, Article 5, Title 15.  This law is available at a law library, or online through the New York State Senate or Assembly websites, www.senate.state.ny.us or www.assembly.state.ny.us.

 

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

 

*              *              *

 

KNOW ALL MEN BY THESE PRESENTS, that MICHAEL E. NUGENT, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

THE EXECUTION BY THE PRINCIPAL OF THIS POWER OF ATTORNEY SHALL NOT SERVE TO REVOKE ANY POWER OF ATTORNEY PREVIOUSLY GRANTED BY THE PRINCIPAL.  THE EXECUTION BY THE PRINCIPAL OF ANY FUTURE POWER OF ATTORNEY SHALL NOT SERVE TO REVOKE THE POWER OF ATTORNEY GRANTED

 



 

TO THE AGENT HEREBY UNLESS SUCH FUTURE POWER OF ATTORNEY SPECIFICALLY REVOKES THIS POWER OF ATTORNEY BY ITS TERMS.

 

Dated:      June 30, 2010

 

 

 

 

/s/ Michael E. Nugent

 

Michael E. Nugent

 

STATE OF NEW YORK

)

 

 

) ss.:

 

COUNTY OF NEW YORK

)

 

 

On the day 30 of June, in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared Michael E. Nugent, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.

 

/s/ Jonn W. Plerchee

 

Notary Public

 

 

 

Printed Name:

Jonn W. Plerchee

 

 

 

My Commission Expires: 09/16/2010

 

 

 

 

 

 

*              *              *

 

IMPORTANT INFORMATION FOR THE AGENT:

 

When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal.  This relationship imposes on you legal responsibilities that continue until you resign or the Power of Attorney is terminated or revoked. You must:

 

(1)   act according to any instructions from the principal, or, where there are no instructions, in the principal’s best interest;

(2)   avoid conflicts that would impair your ability to act in the principal’s best interest;

(3)   keep the principal’s property separate and distinct from any assets you own or control, unless otherwise permitted by law;

(4)   keep a record of all receipts, payments, and transactions conducted for the principal; and

(5)   disclose your identity as an agent whenever you act for the principal by writing or printing the principal’s name and signing your own name as “agent” in either of the following manner: (Principal’s Name) by (Your Signature) as Agent, or (your signature) as Agent for (Principal’s Name).

 

You may not use the principal’s assets to benefit yourself or give major gifts to yourself or anyone else unless the principal has specifically granted you that authority in this Power of Attorney or in a Statutory Major Gifts Rider attached to this Power of Attorney.  If you have that authority, you must act according to any instructions of the principal or, where there are no such instructions, in the principal’s best interest.  You may resign by giving written notice to the

 



 

principal and to any co-agent, successor agent, monitor if one has been named in this document, or the principal’s guardian if one has been appointed.  If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice.

 

Liability of agent:

 

The meaning of the authority given to you is defined in New York’s General Obligations Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the authority granted to you in the Power of Attorney, you may be liable under the law for your violation.

 

We, Carl Frischling, Susan Penry-Williams and Mark Parise, have read the foregoing Power of Attorney.  We are the persons identified therein as agents for the principal named therein.

 

We acknowledge our legal responsibilities.

 

 

 

 

 

/s/ Carl Frischling

06/30/2010

 

/s/ Susan Penry-Williams

06/30/2010

Carl Frischling

Date

 

Susan Penry-Williams

Date

 

 

 

 

 

/s/ Mark Parise

06/30/2010

 

 

 

Mark Parise

Date

 

 

 

 

 

STATE OF NEW YORK

)

 

 

) ss.:

 

COUNTY OF NEW YORK

)

 

 

On the day 30 of June, in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared Carl Frischling, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.

 

/s/ Linda Fraser

 

Notary Public

 

 

 

Printed Name:

Linda Fraser

 

 

 

My Commission Expires: 08/31/2013

 

 

 

 

 

 

STATE OF NEW YORK

)

 

 

) ss.:

 

COUNTY OF NEW YORK

)

 

 

On the day 30 of June, in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared Susan Penry-Williams, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.

 



 

/s/ Linda Fraser

 

Notary Public

 

 

 

Printed Name:

Linda Fraser

 

 

 

My Commission Expires: 08/31/2013

 

 

 

 

 

 

STATE OF NEW YORK

)

 

 

) ss.:

 

COUNTY OF NEW YORK

)

 

 

On the day 30 of June, in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared Mark Parise, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.

 

/s/ Linda Fraser

 

Notary Public

 

 

 

Printed Name:

Linda Fraser

 

 

 

My Commission Expires: 08/31/2013

 

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Michael Bozic, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

Dated: June 30, 2010

 

 

 

 

/s/ Michael Bozic

 

Michael Bozic

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Joseph J. Kearns, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated: June 30, 2010

 

 

 

 

/s/ Joseph J. Kearns

 

Joseph J. Kearns

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Fergus Reid, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

Dated: June 30, 2010

 

 

 

 

/s/ Fergus Reid

 

Fergus Reid

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that James F. Higgins, whose signature appears below, constitutes and appoints Randy Takian, Stefanie V. Chang Yu and Mary E. Mullin, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated: June 30, 2010

 

 

 

 

/s/ James F. Higgins

 

James F. Higgins

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Kathleen A. Dennis, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, her true and lawful attorneys-in-fact and agents, with full power of substitution among herself and each of the persons appointed herein, for her and in her name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated: June 30, 2010

 

 

 

 

/s/ Kathleen A. Dennis

 

Kathleen A. Dennis

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Michael F. Klein, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated: June 30, 2010

 

 

 

 

/s/ Michael F. Klein

 

Michael F. Klein

 



 

POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS, that Frank L. Bowman, whose signature appears below, constitutes and appoints Carl Frischling, Susan Penry-Williams and Mark Parise, or any of them, his true and lawful attorneys-in-fact and agents, with full power of substitution among himself and each of the persons appointed herein, for him and in his name, place and stead, in any and all capacities, to sign the Registration Statement on Form N-2 and Pre-Effective Amendment Nos. 1, 2 and 3 to Form N-2 of Morgan Stanley China A Share Fund, Inc., and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or either of them, may lawfully do or cause to be done by virtue hereof.

 

 

Dated: June 30, 2010

 

 

 

 

/s/ Frank L. Bowman

 

Frank L. Bowman