1 EXHIBIT 4(h) CERTIFICATE OF TRUST The undersigned, the trustees of CMS Energy Trust II desiring to form a business trust pursuant to Delaware Business Trust Act, 12 Del. C. Section 3810, hereby certify as follows: 1. The name of the business trust being formed hereby (the "Trust") is CMS Energy Trust II. 2. The name and business address of the trustee of the Trust which has its principal place of business in the State of Delaware is as follows: The Bank of New York (Delaware), a Delaware Banking corporation White Clay Center, Route 273 Newark, Delaware 19711 3. This certificate of Trust shall be effective as of the date of filing. Dated: May 21, 1997 /s/ Alan M. Wright ------------------------------------- Alan M. Wright, as Trustee /s/ Thomas A. McNish ------------------------------------- Thomas A. McNish, as Trustee The Bank of New York (Delaware), as Trustee By: /s/ Frederick Clark --------------------------------- Name: Frederick Clark Title: Authorized Signatory STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 05:30 A.M. 05/22/1997 971168341-2733516