EX-99.(A)(2) 3 d471378dex99a2.htm EX-99.(A)(2) EX-99.(A)(2)

STATE of DELAWARE

CERTIFICATE of TRUST

OF

POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST

The undersigned, the sole trustee of PowerShares Exchange-Traded Self-Indexed Fund Trust, desiring to form a statutory trust pursuant to the Delaware Statutory Trust Act (12 Del. C. § 3801 et seq.), hereby certifies as follows:

FIRST: The name of the statutory trust formed hereby is “PowerShares Exchange-Traded Self-Indexed Fund Trust” (the “Trust”).

SECOND: The address of the Registered Agent of the Trust in the State of Delaware is:

The Corporation Trust Company

Corporation Trust Center

1209 Orange Street

New Castle County

Wilmington, Delaware 19801

The name of the registered agent at such address is The Corporation Trust Company.

THIRD: The Trust is, or will become prior to or within 180 days following the first issuance of beneficial interests, a registered investment company under the Investment Company Act of 1940, as amended (15 U.S.C. §§. 80a-1 et seq.).

FOURTH: The Agreement and Declaration of Trust relating to the Trust provides for the issuance of one or more series of shares of beneficial interest in the Trust which series are divisible into any number of classes representing interests in the assets belonging to that series. Separate and distinct records shall be maintained by the Trust for each series and the assets associated solely with any such series shall be held and accounted for separately (directly or indirectly, including through a nominee or otherwise) from the assets of the Trust generally or of any other series. As provided in the Agreement and Declaration of Trust:

The Assets belonging to a particular Series shall be charged with the debts, liabilities and obligations of the Trust in respect of that Series and with all expenses, costs, charges and reserves attributable to that Series (collectively, the “Liabilities”), which Liabilities shall be recorded upon the books of the Trust. Such Liabilities together with any General Liabilities (as hereinafter defined) allocated to that Series as provided in the following sentence, are herein referred to as “Liabilities belonging to” that Series. In the event there are any debts, liabilities, obligations, expenses, costs, charges or reserves of the Trust that are not readily identifiable as belonging to any particular Series (collectively, the “General Liabilities”), the Trustees shall allocate and charge such General Liabilities to and among any one or more of the Series created from time to time in such manner and on such basis as they deem fair and equitable; and any General Liabilities so allocated to


a particular Series shall belong to that Series. Each such allocation by the Trustees shall be conclusive and binding upon all concerned for all purposes. Without limiting the foregoing, but subject to the right of the Trustees to allocate General Liabilities as herein provided, the Liabilities belonging to a particular Series shall be enforceable only against the Assets belonging to such Series and not against the assets of the Trust generally or against the Assets belonging to any other Series, and none of the General Liabilities incurred, contracted for or otherwise existing with respect to the Trust generally or any Liabilities incurred, contracted for or otherwise existing with respect to any other Series shall be enforceable against the Assets belonging to such Series.

IN WITNESS WHEREOF, the Trustee named below does hereby execute this Certificate of Trust as of the 29th day of October, 2015.

 

By:  

/s/ Kevin M. Carome

  Trustee
Name:   Kevin M. Carome, as sole initial Trustee, and not Individually

 

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