VAN ECK FUNDS AMENDMENT NO. 30 TO THE AMENDED AND RESTATED MASTER TRUST AGREEMENT
Exhibit 99(a)(30)
AMENDMENT NO. 30
TO
THE AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 30 (the “Amendment”) to the Amended and Restated Master Trust Agreement dated February 6, 1992, as amended (the “Agreement”), of Van Eck Funds (the “Trust”), made at New York, New York, this 15th day of April, 2016.
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 (the “Trustees”);
WHEREAS, on December 16-17, 2015, a majority of the Trustees voted to re-designate the name of the Trust currently entitled “Xxx Xxx Funds” as “VanEck Funds”, and to amend the Agreement accordingly, effective on or about May 1, 2016;
WHEREAS, Section 4.1 of the Agreement provides that the Trustees may establish and designate Sub-Trusts of the Trust and classes thereof;
WHEREAS, on March 9-10, 2016, a majority of the Trustees voted to establish a new Sub-Trust of the Trust, which is designated as XxxXxx NDR Managed Allocation Fund, and to establish three classes of shares of the new Sub-Trust, which are designated as Class A, Class I and Class Y; and
WHEREAS, a majority of the 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, certain Articles of the Agreement are amended to read as follows:
1. | Article I, Section 1.1 of the Agreement is amended to read in its entirety as follows: | |
“Section 1.1 Name. This Trust shall be known as “VANECK FUNDS” and the Trustees shall conduct the business of the Trust under that name or any other name or names as they may from time to time determine.” |
2. | The initial paragraph of Article IV, Section 4.2 of the Agreement is hereby amended to read in its entirety as follows: |
“Section 4.2. Establishment and Designation 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 the following eleven Sub-Trusts: Emerging Markets Fund (Class A, Class C, Class I and Class Y), Global Hard Assets Fund (Class A, Class C, Class I and Class Y), International Investors Gold Fund (Class A, Class C, Class I and Class Y), Multi-Manager Alternatives Fund (Class A, Class C, Class I and Class Y), CM Commodity Index Fund (Class A, Class I and Class Y), Low Volatility Enhanced Commodity Fund (Class A, Class I and Class Y), Commodities Series Fund III (Class A, Class C and Class I), Commodities Series Fund IV (Class A, Class C and Class I), Unconstrained Emerging Markets Bond Fund (Class A, Class C, Class I and Class Y), Long/Short Equity Index Fund (Class A, Class I and Class Y) and XxxXxx NDR Managed Allocation Fund (Class A, Class I and Class Y). Shares of each such Sub-Trust 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 same relative rights and preferences.” | ||
3. | Article VII, Section 7.6 of the Agreement is amended to read in its entirety as follows: | |
“Section 7.6 Name of Trust. It is understood that the names “Xxx Xxx”, “VanEck” and any logo associated with such names, are the valuable property of Xxx Xxx Associates Corporation and that the Trust or any Sub-Trust has the right to include “Xxx Xxx” and/or “VanEck” as a part of its name only through permission of Xxx Xxx Associates Corporation. If Xxx Xxx Associates Corporation withdraws the right to the use of the name, the Trust (and any Sub-Trust) shall forthwith cease to use the Xxx Xxx name, VanEck name and logo, as applicable, and shall take such action as may be necessary to change its name (or the name of any Sub-Trust) to eliminate all use of or reference to the word “Xxx Xxx” and “VanEck”. The Trust hereby stipulates that companies or trusts other than the Trust may be formed with the word “Xxx Xxx” and/or “VanEck” in their titles.” |
The undersigned hereby certifies that the Amendment set forth above has been duly adopted in accordance with the provisions of the Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned has hereto set his hands as of the day and year first above written.
/s/ Xxxxxxxx X. Xxxxx | |
Xxxxxxxx X. Xxxxx, Secretary | |
STATE OF NEW YORK | ) |
) | |
COUNTY OF NEW YORK | ) |
Then personally appeared the above-named Xxxxxxxx X. Xxxxx and acknowledged this instrument to be his free act and deed this 15th day of April, 2016.
/s/ Xxxxx X. Xxxxx | |
Xxxxx X. Xxxxx | |
Notary Public, State of New York | |
No. 01AL4900669 | |
Qualified in New York County | |
Commission Expires December 7, 2017 |
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