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-99.1B6 — Amendment No. 5 to Amended & Restated Master Trust Ag
EX-99.1B6 | 1st Page of 5 | TOC | ↑Top | Previous | Next | ↓Bottom | Just 1st |
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VAN ECK FUNDS
AMENDMENT NO. 5
TO AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 5 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
26th day of July, 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, a majority of the Trustees have voted to amend Article III,
Section 3.6 of the Agreement with respect to International Investors Gold Fund;
and
WHEREAS, a majority of the outstanding shares of International Investors
Gold Fund have voted to amend Article III, Section 3.6 of the Agreement; and
WHEREAS, a majority of the Trustees 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
Gold/Resources Fund, Global Balanced Fund and 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 Trustees have voted to amend Article VII,
Section 7.2 of the Agreement with respect to all Sub-Trusts; and
WHEREAS, a majority of the outstanding shares of each Sub-Trust, except
Gold/Resources Fund, Global Balanced Fund and Asia Dynasty Fund, have voted to
amend Article VII, Section 7.2 of the Agreement; and
WHEREAS, a majority of the Trustees have voted to amend Article VII,
Section 7.3 of the Agreement with respect to all Sub-Trusts; and
WHEREAS, a majority of the outstanding shares of each Sub-Trust, except
Gold/Resources Fund, Global Balanced Fund and Asia Dynasty Fund, have voted to
amend Article VII, Section 7.3 of the Agreement; 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 Article III, Section 3.6 of the Agreement is amended to
read as follows:
Section 3.6 Investment Restrictions with Respect to International
-----------------------------------------------------
Investors. Notwithstanding anything to the contrary in Section 3.2
---------
hereof, the Trustees may not, with respect to International Investors
("II"), (i) purchase securities on margin, except as is necessary for
the clearance of its transactions; (ii) sell short unless II may
readily acquire the security sold short by virtue of its holding a
right to purchase a quantity of such shorted security sufficient to
cover the short; (iii) lend its funds or assets, except through the
purchase of securities II would otherwise be authorized to purchase;
(iv) borrow unless for emergency or extraordinary reasons, and
provided such borrowings are limited to 10% of total assets, taken at
cost; (v) mortgage, pledge or hypothecate more than 15% of II's total
assets, taken at cost; (vi) purchase the securities of any issuer with
less than three (3) years' continuous operation if 5% of II's total
assets, taken at cost, are invested in such issuer, (vii) purchase
securities (exclusive of U.S. government issues) if upon such purchase
more than 5% of II's total assets (taken at market value) would
consist of the securities of such issuer; (viii) purchase securities
of any issuer if such purchase would cause II to own at the time of
purchase more than 10% of the outstanding securities of such issuer;
(ix) purchase securities issued by any other investment company or
investment trust, except by purchase in the open market where no
commission or profit to a sponsor or dealer results from such purchase
other than the customary brokerage commission or except when such
purchase, though not made in the open market, is part of a plan of
merger or
consolidation; (x) purchase or retain securities of an issuer having
an officer, director or security holder who is an officer or director
of the Trust or who furnishes management or supervising services to
the Trust, if at the time of such purchase or at any time thereafter
any one or more of such persons owns beneficially more than 1/2 of 1%
of the securities of such issuer or such persons or persons together
own more than 5% of such securities (all taken at market value); and
(xi) underwrite securities of other issuers.
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 Gold/Resources Fund, Global Balanced Fund
and 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 Gold/Resources Fund, Global Balanced Fund and 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 VII, Section 7.3 of the Agreement is amended to
read as follows:
"Section 7.3 Amendments. All rights granted to the Shareholders under
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 26th day of July, 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 26th day of July,
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 |
9 Subsequent Filings that Reference this Filing
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