Exhibit (a)(11)
XXX XXX FUNDS
AMENDMENT NO. 10
TO AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 10 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
19th day of December, 1996.
WITNESSETH:
WHEREAS, Article VII, Section 7.3 of the Agreement provides that the
Agreement may be amended from time to time, as long as such amendment does not
adversely affect the rights of any shareholder, and so long as such amendment is
not in contravention of applicable law, including the Investment Company Act of
1940, as amended, by an instrument in writing, signed by an officer of the Trust
pursuant to a vote of a majority of the Trustees of the Trust; 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 Trustees have voted to establish one new
Sub-Trust of the Trust, which is designated as Emerging Markets Growth Fund, and
to establish three classes of Shares thereof, which are designated as Class A,
Class B 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.
-2-
NOW, THEREFORE, the undersigned, Xxxxxxxx Xxxxxxxxxxx, the 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 in entirety as follows:
"Section 4.2 ESTABLISHMENT AND DESCRIPTION OF SUB-TRUSTS. Without 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: Asia Dynasty Fund (Class A and Class B), Asia
Infrastructure Fund (Class A and Class B), Emerging Markets Growth Fund
(Class A, Class B and Class C), Global Balanced Fund (Class A and Class
B), Global Hard Assets Fund (Class A, Class B and Class C), Global Income
Fund (Class A), Gold Opportunity Fund (Class A, Class B and Class C),
Gold/Resources Fund (Class A), International Investors Gold Fund (Class A
and Class C).and U.S. Government Money Fund. Asia Dynasty Fund (Class A
and Class B), Asia Infrastructure Fund (Class A and Class B), Emerging
Markets Growth Fund (Class A, Class B and Class C), Global Balanced Fund
(Class A and Class B), Global Hard Assets Fund (Class A, Class B and Class
C), Global Income Fund (Class A), Gold Opportunity Fund (Class A, Class B
and Class C), Gold/Resources Fund (Class A), International Investors Gold
Fund (Class A and Class C).and U.S. Government Money Fund, and Shares of
such Sub-Trusts 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:"
WITNESS, my hand and seal this 19th day of day of December, 1996.
/s/ Xxxxxxxx Xxxxxxxxxxx XXXX X. XXXXXXXXXX
------------------------------------ Notary Public , State of New York
Xxxxxxxx Xxxxxxxxxxx, Secretary No. 01GR4904478
Qualified in Nassau County
STATE OF NEW YORK ) Commission Expires Sept. 8, 1997
)
COUNTY OF NEW YORK )
Then personally appeared the above-named Xxxxxxxx Xxxxxxxxxxx and
acknowledged this instrument to be his free act and deed this 19th day of
December, 1996.
/s/ Xxxx X. Xxxxxxxxxx
------------------------------------
Notary Public
