Thursday, June 23, 2022 10:31:04 PM
https://delcode.delaware.gov/title12/c038/sc01/#3810.
§ 3810. Certificate of trust; amendment; restatement; cancellation.
(d) A certificate of trust shall be cancelled upon the dissolution and the completion of winding up of a statutory trust, or upon the filing of a certificate of merger or consolidation if the statutory trust is not the surviving or resulting person in a merger or consolidation, or upon the future effective date or time of a certificate of merger or consolidation if the trust is not the surviving or resulting person in a merger or consolidation, or upon the filing of a certificate of transfer, or upon the future effective date or time of a certificate of transfer, or upon the filing of a certificate of conversion to non-Delaware other business entity or upon the future effective date or time of a certificate of conversion to non-Delaware entity or upon the filing of a certificate of division if the statutory trust is a dividing statutory trust that is not a surviving statutory trust or upon the future effective date or time of a certificate of division if the statutory trust is a dividing statutory trust that is not a surviving statutory trust. A certificate of cancellation shall be filed in the office of the Secretary of State and set forth:
(1) The name of the statutory trust;
(2) The date of filing of its certificate of trust;
(3) The future effective date or time (which shall be a date or time certain) of cancellation if it is not to be effective upon the filing of the certificate; and
(4) Any other information the trustee determines to include therein.
A certificate of cancellation that is filed in the office of the Secretary of State prior to the dissolution or the completion of winding up of a statutory trust may be corrected as an erroneously executed certificate of cancellation by filing with the office of the Secretary of State a certificate of correction of such certificate of cancellation in accordance with subsection (e) of this section. The Secretary of State shall not issue a certificate of good standing with respect to a statutory trust if its certificate of trust is cancelled.
As the lawyer and this code suggest that WMI LT had to file certificate of cancellation upon complete wind-up and liquidation,but that was not the case.Wind-up was continued......hmmmm?
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Other cases are MERGER OR CONSOLIDATION, may that was case and LT filed for Certificate Of Cancellation on Dec 31, 2021 and continued winding up activities.IMO.
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