- ------------------------------------------------------------------------ CERTIFICATE OF LIMITED PARTNERSHIP FOR ATLAS-ENERGY FOR THE NINETIES-PUBLIC #5 LTD. - ------------------------------------------------------------------------ Exhibit 4(a) Microfilm Number Filed with the Department of State on July 26, 1996 Entity Number 2707198 Secretary of the Commonwealth CERTIFICATE OF LIMITED PARTNERSHIP DSCB:15-8511 (Rev 90) In compliance with the requirements of 15 Pa.C.S. . 8511 (relating to certificate of limited partnership), the undersigned, desiring to form a limited partnership, hereby certifies that: 1. The name of the limited partnership is: Atlas-Energy for the Nineties-Public #5 Ltd. 2. The (a) address of this limited partnership's initial registered office in this Commonwealth or (b) name of its commercial registered office provider and the county of venue is: (a) 311 Rouser Road Moon Township Pennsylvania 15108 Allegheny Number and Street City State Zip County (b)c/o N/A Name of Commercial Registered Office Provider County For a limited partnership represented by a commercial registered office provider, the county in (b) shall be deemed the county in which the limited partnership is located for venue and official publication purposes. 3. The name and business address of each general partner of the partnership is: Name Address Atlas Resources, Inc. 311 Rouser Road, Moon Township, Pennsylvania 15108 4. (Check, and if appropriate complete, one of the following): X The formation of the limited partnership shall be be effective upon filing this Certificate of Limited Partnership in the Department of State. The formation of the limited partnership shall be effective on: at Date Hour IN TESTIMONY WHEREOF, the undersigned general partner(s) of the limited partnership has (have) executed this Certificate of Limited Partnership this 22nd day of July, 1996. Atlas Resources, Inc. /s/ J.R. O'Mara (Signature) J.R. O'Mara (Signature)