As it is claiming, in numerous SEC filings, to be incorporated in the State of Delaware then whether or not it is registered in the State of Delaware is more than relevant. If it is not then there is not only a lack of standing to initiate suit, it does not exist and cannot possess, own or hold anything.
I've found the following relating to Domestic Statutory Trusts:
§ 3810. Certificate of trust; amendment; restatement; cancellation.
(a)(1) Every statutory trust shall file a certificate of trust in the office of the Secretary of State. The certificate of trust shall set forth:
a. The name of the statutory trust;
b. The name and the business address of at least 1 of the trustees meeting the requirements of § 3807 of this title;
c. The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate; and
d. Any other information the trustees determine to include therein.
This can be found at: http://delcode.delaware.gov/title12/c038/sc01/index.shtml#3810
I've also found the following relating to Foreign Statutory Trusts:
§ 3851. Law governing.
Subject to the Constitution of the State:
(1) The laws of the state, territory, possession or other jurisdiction or country under which a foreign statutory trust is organized govern its organization and internal affairs and the liability of its beneficial owners and trustees; and
(2) A foreign statutory trust may not be denied registration by reason of any difference between those laws and the laws of the State.
71 Del. Laws, c. 335, § 11; 73 Del. Laws, c. 329, § 1.;
§ 3852. Registration required; application.
(a) Before doing business in the State, a foreign statutory trust shall register with the Secretary of State. In order to register, a foreign statutory trust shall submit to the Secretary of State:
(1) A copy executed by a trustee or other authorized person of an application for registration as a foreign statutory trust, setting forth:
a. The name of the foreign statutory trust and, if different, the name under which it proposes to register and do business in the State;
b. The state, territory, possession or other jurisdiction or country where formed, the date of its formation and a statement from a trustee or other authorized person that, as of the date of filing, the foreign statutory trust validly exists as a statutory trust under the laws of the jurisdiction of its formation;
c. The nature of the business or purposes to be conducted or promoted in the State;
d. The address of the registered office and the name and address of the registered agent for service of process required to be maintained by § 3854(b) of this title;
e. A statement that the Secretary of State is appointed the agent of the trust for service of process under the circumstances set forth in § 3860(b) of this title; and
f. The date on which the foreign statutory trust first did, or intends to do, business in the State.
(2) A fee as set forth in § 3862 of this title shall be paid.
This can be found at: http://delcode.delaware.gov/title12/c038/sc02/index.shtml
This message has been brought to you by:
Defender of Liberty
Foe of Tryanny