Post-Effective Amendment
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 485APOS Van Eck Funds 117 573K
60: EX-27.1 ƒ Financial Data Schedule 2 21K
61: EX-27.2 Financial Data Schedule 2 21K
62: EX-27.3 Financial Data Schedule 2 21K
63: EX-27.4 Financial Data Schedule 2 21K
64: EX-27.5 Financial Data Schedule 2 21K
65: EX-27.6 Financial Data Schedule 2 21K
66: EX-27.7 Financial Data Schedule 2 21K
67: EX-27.8 Financial Data Schedule 2 21K
50: EX-99.10.10 Opinion of Goodwin, Proctor & Hoar-Class B Global 1 21K
Har
45: EX-99.10.2 Opinion of Goodwin, Proctor & Hoar W/Respect to 1 20K
Gold/
46: EX-99.10.4 Opinion of Goodwin, Proctor & Hoar-Int'L. 1 20K
Investors
47: EX-99.10.5 Opinion of Goodwin, Proctor & Hoar-Asia Dynasty 1 22K
Fund
48: EX-99.10.6 Opinion of Goodwin, Proctor & Hoar-Class B Asia 2± 22K
Dynas
49: EX-99.10.8 Opinion of Goodwin, Proctor & Hoar-Global Hard 1 21K
Assets
51: EX-99.11 Consent of Independent Accountants 1 19K
52: EX-99.14C Registrant's Form of Simplified Employee Plan 29 56K
53: EX-99.14D Amendments to the Retirement Plan for Self-Employe 88 175K
54: EX-99.15A2 Plan of Distribution W/Respect to Asia Dynasty Fun 7 38K
55: EX-99.15A3 Plan of Distribution W/Respect to Class B-Asia Dyn 12 57K
56: EX-99.15A5 Plan of Distribution Pursuant to Rule 12B-1 Class 5 37K
C
57: EX-99.15A6 Plan of Distribution to Rule 12B-1 (Global Hard 3 22K
Ass
58: EX-99.15A8 Plan of Distribution Pursuant to Rule 12B-1 (Class 5 35K
B
59: EX-99.18 Power of Attorney 1 20K
2: EX-99.1A1 Master Trust Agreement 31 114K
3: EX-99.1A2 Amendment No. 1 to Master Trust Agreement 2 19K
4: EX-99.1A3 Amendment No. 2 to Master Trust Agreement 2 19K
5: EX-99.1A4 Amendment No. 3 to Master Trust Agreement 2 20K
6: EX-99.1A5 Amendment No. 4 to Master Trust Agreement 2 20K
7: EX-99.1A6 Amendment No. 5 to Master Trust Agreement 2 20K
8: EX-99.1A7 Amendment No. 6 to Master Trust Agreement 4 25K
9: EX-99.1A8 Amendment No. 7 to Master Trust Agreement 3 21K
10: EX-99.1B1 Amended and Restated Master Trust Agreement 35 128K
19: EX-99.1B10 Amendment No. 9 to Amended & Restated Master Trust 2 23K
Ag
11: EX-99.1B2 Amended and Restated Master Trust Agreement 3 22K
12: EX-99.1B3 Amendment No. 2 to Amended & Restated Master Trust 2 22K
Ag
13: EX-99.1B4 Amendment No. 3 to Amended & Restated Master Trust 2 23K
Ag
14: EX-99.1B5 Amendment No. 4 to Amended & Restated Master Trust 3 25K
Ag
15: EX-99.1B6 Amendment No. 5 to Amended & Restated Master Trust 5 31K
Ag
16: EX-99.1B7 Amendment No. 6 to Amended & Restated Master Trust 5 30K
Ag
17: EX-99.1B8 Amendment No. 7 to Amended & Restated Master Trust 2 23K
Ag
18: EX-99.1B9 Amendment No. 8 to Amended & Restated Master Trust 4 29K
Ag
20: EX-99.2 By-Laws of Van Eck Funds 7 34K
21: EX-99.5A Advisory Agreement 10 41K
22: EX-99.5B1 Letter Agreement to Add Gold/Resources Fund 2 20K
23: EX-99.5C Form of Advisory Agreement 7 37K
24: EX-99.5D Advisory Agreement Between Van Eck 9 39K
25: EX-99.5E2 Letter Agreement to Add Gold/Resources Fund & Inte 1 20K
26: EX-99.5F Advisory Agreement Between Van Eck Associates & in 11 46K
27: EX-99.5G Sub-Investment Advisory Agreement 9 54K
28: EX-99.6A Distribution Agreement 7 38K
29: EX-99.6B1 Letter Agreement to Add Gold/Resources Fund & U.S. 2 21K
Go
30: EX-99.6B3 Form of Van Eck Funds 1 20K
31: EX-99.6C2 Letter Agreement to Add Global Hard Assets Fund 1 20K
32: EX-99.6C3 Letter Agreement to Add Global Hard Assets Fund 1 20K
33: EX-99.6D Amendment to Form of Selling Group Agreement 4 39K
34: EX-99.6E Selling Group Agreement 7 38K
35: EX-99.7 Deferred Fee Agreement 3 32K
36: EX-99.8A Global Custody Agreement 22 93K
37: EX-99.8B Global Custody Agreement 22 92K
38: EX-99.9A Procedural Agreement Among Merrill Lynch Futures 54 124K
39: EX-99.9B Commodity Customer's Agreement 14± 65K
40: EX-99.9C Agreement & Plan of Redomicile & Reorganization 4 31K
41: EX-99.9D Form of Accounting & Administrative Services 6 39K
Agreeme
42: EX-99.9E Accounting & Administrative Services Agreement 9 43K
43: EX-99.9F2 Letter of Agreement to Add Gold/Resources Fund 3 23K
44: EX-99.9F3 Letter Agreement to Add Global Hard Assets Fund 1 20K
EX-99.1B7 — Amendment No. 6 to Amended & Restated Master Trust Ag
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VAN ECK FUNDS
AMENDMENT NO. 6
TO AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 6 to the Amended and Restated Master Trust Agreement dated
February 6, 1992 (amending the Master Trust Agreement dated April 3, 1985) (the
"Agreement"), of Van Eck Funds (the "Trust"), made at New York, New York this
8th day of August, 1994.
W I T N E S S E T H:
--------------------
WHEREAS, Article VII, Section 7.3 of the Agreement provides that any
amendment to the Agreement that adversely affects the rights of shareholders may
be adopted at any time by an instrument in writing signed by a majority of the
Trustees (or by an officer of the Trust pursuant to a vote of a majority of such
Trustees) when authorized to do so by the vote in accordance with subsection (e)
of Section 4.2 of shareholders holding a majority of the shares entitled to
vote; and
WHEREAS, Section 4.1 of the Agreement provides that the Trustees of the
Trust may establish and designate series of Shares of the Trust and classes
thereof; and
WHEREAS, a majority of the outstanding shares of each Sub-Trust, except
Asia Dynasty Fund, have voted to amend Article IV, Section 4.2(e) of the
Agreement with respect to all Sub-Trusts; and
WHEREAS, a majority of the outstanding shares of each Sub-Trust, except
Asia Dynasty Fund, have voted to amend Article VII, Section 7.2 of the
Agreement; and
WHEREAS, a majority of the outstanding shares of each Sub-Trust, except
Asia Dynasty Fund, have voted to amend Article VII, Section 7.3 of the
Agreement; and
WHEREAS, a majority of the Trustees of the Trust have voted to establish a
second class of Shares of International Investors Gold Fund and Gold/Resources
Fund which shall be designated as Class C Shares and hereby redesignate all
existing shares of International Investors Gold Fund and Gold/Resources Fund and
any similar shares issued in the future as
Class A Shares; and
WHEREAS, a majority of the Trustees of the Trust have voted to rename the
World Income Fund (Class A and Class B) as Global Income Fund (Class A and Class
B); and
WHEREAS, a majority of the Trustees of the Trust have voted to rename the
Asia Infrastructure Fund (Class A and Class B) as Asia Infrastructure Fund
(Class A and Class C); and
WHEREAS, a majority of the Trustees of the Trust have voted to rename the
Global SmallCap Fund (Class A and Class B) as Global SmallCap Fund (Class A and
Class C); and
WHEREAS, a majority of Trustees have duly approved this amendment to the
Agreement and authorized the same to be filed with the Secretary of State of the
Commonwealth of Massachusetts.
NOW, THEREFORE, the undersigned Thaddeus Leszczynski, a duly elected and
serving Secretary of the Trust, pursuant to the authorization described above,
hereby declares that the initial paragraph of Article IV, Section 4.2 of the
Agreement is amended to read as follows:
"Section 4.2 Establishment and Description of Sub-Trusts. Without
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limiting the authority of the Trustees set forth in Section 4.1 to
establish and designate any further Sub-Trusts, the Trustees hereby
establish and designate ten Sub-Trusts: World Trends Fund,
Gold/Resources Fund (Class A and Class C), U.S. Government Money Fund,
Global Income Fund (Class A and Class B), International Growth Fund,
International Investors Gold Fund (Class A and Class C), Asia Dynasty
Fund (Class A and Class B), Asia Infrastructure Fund (Class A and
Class C), Global Balanced Fund (Class A and Class B) and Global
SmallCap Fund (Class A and Class C). The World Trends Fund,
Gold/Resources Fund (Class A and Class C), U.S. Government Money Fund,
Global Income Fund (Class A and Class B), International Growth Fund,
International Investors Gold Fund (Class A and Class C), Asia Dynasty
Fund (Class A and Class B), Asia Infrastructure Fund (Class A and
Class C), Global Balanced Fund (Class A and Class B) and Global
SmallCap Fund (Class A and Class C) and any Shares of any further Sub-
Trusts that may from time to time be established and designated by the
Trustees shall (unless the Trustees otherwise determine with respect
to some further Sub-Trust at the time of establishing and designating
the same) have the following relative rights and preferences:"
and hereby declares that Article IV, Section 4.2(e) of the Agreement is amended
to read as follows:
"Section 4.2(e) Voting. On each matter submitted to a vote of the
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shareholders, each holder of the Share shall be entitled to one vote
for each whole share and to a proportionate fractional vote for each
fractional Share standing in his name on the books of the Trust
irrespective of the Sub-Trusts thereof or class thereof and all Shares
of all Sub-Trusts, except Asia Dynasty Fund, and classes thereof shall
vote together as a single class; provided, however, that as to any
matter (i) with respect to which a separate vote by such Sub-Trust or
class thereof is required by the 1940 Act or the provisions of the
writing or vote establishing and designating the Sub-Trust or class,
such requirements as to a separate vote by such Sub-Trust or class
thereof shall apply in lieu of all Shares of all Sub-trusts and
classes thereof voting together, and (ii) as to any matter which
affects the interests of one or more affected Sub-Trusts or classes
shall be entitled to vote, and each such Sub-Trust or class shall vote
as a separate class."
and hereby declares that the second paragraph of Article VII, Section 7.2 of the
Agreement is amended to read as follows:
"Section 7.2 Reorganization. The Trust or any one or more Sub-Trusts,
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except Asia Dynasty Fund may, either as the successor, or survivor, or
non-survivor, (1) consolidate with one or more other trusts,
partnerships, associations or corporations organized under the laws of
the Commonwealth of Massachusetts or any other state of the United
States, to form a new consolidated trust, partnership, association or
corporation under the laws of which any one of the constituent
entities is organized, or (2) merge into one or more other trusts,
partnerships, associations or corporations organized under the laws of
the Commonwealth of Massachusetts or any other state of the United
States, or have one or more such trusts, partnerships, associations or
corporations merged into it, any such consolidation or merger to be
upon such terms and conditions as are specified in an agreement and
plan of reorganization entered into by the Trust, or one or more such
Sub-Trusts as the case may be, in connection therewith. The terms
"merge" or "merger" as used herein shall also include the purchase or
acquisition of any assets of any other trust, partnership, association
or corporation which is an investment company organized under the laws
of the Commonwealth of Massachusetts or any other state of the United
States. Any such consolidation or merger shall require the affirmative
vote of the holders of a majority of the outstanding voting
securities, as defined in the 1940 Act, of the Sub-Trust so affected
thereby if the Sub-Trust is not the successor or survivor of such
consolidation or merger."
and hereby declares that Article VI I, Section 7.3 of the Agreement is amended
to read as follows:
"Section 7.3 Amendments. All rights granted to the Shareholders under
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this Declaration of Trust are granted subject to the reservation of
the right to amend this Declaration of Trust as herein provided,
except that no amendment shall repeal the limitations on personal
liability of any Shareholder or Trustee or repeal the prohibition of
assessment upon the Shareholders without the express consent of each
Shareholder or Trustee involved. Subject to the foregoing, the
provisions of the Declaration of Trust (whether or not related to the
rights of Shareholders) may be amended at any time, so long as such
amendment does not adversely
affect the rights of any Shareholder with respect to which such
amendment is or purports to be applicable and so long as such
amendment is not in contravention of applicable law, including the
1940 Act, by an instrument in writing signed by a majority of such
trustees). Any amendment to this Declaration of Trust that adversely
affects the rights of Shareholders may be adopted at any time by an
instrument in writing signed by a majority of the then Trustees (or by
an officer of the Trust pursuant to a vote of a majority of such
trustees) when authorized to do so by the vote in accordance with
subsection (e) of Section 4.2 of Shareholders holding a majority of
the outstanding voting securities entitled to vote (as defined in the
1940 Act) and with respect to Gold/Resources Fund, Global Balanced
Fund and Asia Dynasty Fund of Shareholders holding a majority of the
outstanding voting securities entitled to vote; provided, however,
that any amendment to Section 3.6 may be adopted at any time by an
instrument in writing signed by a majority of the then Trustees (or by
an officer of the Trust pursuant to a vote of a majority of such
trustees) only when authorized to do so by the vote of a "majority of
the outstanding voting securities" of International Investors, as such
term is defined in the 1940 Act. Subject to the foregoing, any such
amendment shall be effective as provided in the instrument containing
the terms of such amendment or, if there is no provision therein with
respect to effectiveness, upon the execution of such instrument and of
a certificate (which may be a part of such instrument) executed by a
Trustee or officer of the Trust to the effect that such amendment has
been duly adopted."
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WITNESS my hand and seal this 8th day of August, 1994.
/s/ Thaddeus Leszczynski
Thaddeus Leszczynski, Secretary
STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
Then personally appeared the above-named Thaddeus Leszczynski and
acknowledged this instrument to be his free act and deed this 8th day of ___,
1994.
/s/ Henry G. Neger
Notary Public
My commission expires: 12/31/95
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
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| This ‘485APOS’ Filing | | Date | | First | | Last | | | Other Filings |
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| |  |
| | 3/2/99 |
| Filed on: | | 3/1/99 | | | | | | | NSAR-B |
| | 2/6/92 | | 1 |
| List all Filings |
8 Subsequent Filings that Reference this Filing
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