Exhibit (a)(23) VAN ECK FUNDS AMENDMENT NO. 22 TO THE AMENDED AND RESTATED MASTER TRUST AGREEMENT
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Exhibit (a)(23) |
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AMENDMENT NO. 22 |
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TO |
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THE AMENDED AND RESTATED MASTER TRUST AGREEMENT |
Amendment No. 22 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 22nd day of Janaury, 2009.
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 Sub-Trusts of the Trust and classes thereof; and
WHEREAS, a majority of the Trustees have voted to establish a new Sub-Trust of the Trust, which is designated as Absolute Return Fund, and to establish three classes of Shares of such new Sub-Trust, which are designated as Class A, Class C and Class I; 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 Agreement is hereby amended 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 four Sub-Trusts: Absolute Return Fund (Class A, Class C and Class I), Emerging Markets Fund (Class A, Class C and Class I), Global Hard Assets Fund (Class A, Class C and Class I) and International Investors Gold Fund (Class A, Class C and Class I). Shares of 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.
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]
IN WITNESS WHEREOF, the undersigned has hereto set his hands as of the day and year first above written.
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s/s Xxxxxx X. XxXxxxx |
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Xxxxxx X. XxXxxxx, Secretary |
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STATE OF NEW YORK |
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COUNTY OF NEW YORK |
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Then personally appeared the above-named Xxxxxx X. XxXxxxx and acknowledged this instrument to be his/her free act and deed this 22nd day of January, 2009.
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s/s Xxxxxx X. Xxxxxxx |
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Notary Public, State of new York |
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NO. 01EM5077310 |
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Qualified in Queens County |
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Commission Expires May 5, 2011 |
