Ex. 99a(2)
AMENDMENT TO
THE TOCQUEVILLE TRUST'S
AGREEMENT AND DECLARATION OF TRUST
AMENDMENT made as of the 4th day of August, 1995 to the Agreement and
Declaration of Trust of The Tocqueville Trust filed on September 17, 1986 and
amended on August 19, 1991 under the Massachusetts G.L.c. 182, os.2, by the
Trustees hereunder, and by the holders of shares of beneficial interest.
WITNESSETH that
WHEREAS, the Trustees have previously established a trust to carry on
the business of an investment company; and
WHEREAS, the shareholders authorized the Trustees hereunder, by a vote
of such shareholders holding a majority of the shares of each series entitled to
vote, to amend the Agreement and Declaration of Trust, as amended, of The
Tocqueville Trust, at a special shareholder meeting called for such purpose on
July 31, 1995.
NOW, THEREFORE, the Trustees hereby amend and restate Article III,
Section 1 of such Agreement and Declaration of Trust to read as follows:
Section 1. Division of Beneficial Interest. The Shares of the Trust
shall be issued in one or more series as the Trustees may, without
shareholder approval, authorize. Each series shall be preferred over
all other series in respect of the assets allocated to that series.
The beneficial interest in each series shall at all times be divided
into Shares, with $.01 par value, each of which shall represent an
equal proportionate interest in the series with each other Share of
the same series, none having priority or preference over another. The
number of Shares authorized shall be unlimited. The Trustees may from
time to time divide or combine the Shares into a greater or lesser
number without thereby changing the proportionate beneficial interests
in the series.
Notwithstanding anything in this Agreement and Declaration of
Trust to the contrary, the Trustees may, in their discretion,
authorize the division of Shares of any series into Shares of one or
more classes of such series. All Shares of a class shall be identical
with each other and with the Shares of each other class or subseries
of the same series except for such variations between classes as may
be approved by the Board of Trustees and be permitted under
the Investment Company Act of 1940, as amended, or pursuant to any
exemptive order issued by the Securities and Exchange Commission.
IN WITNESS WHEREOF, the undersigned have executed this instrument the
4th day of August, 1995.
/s/ Xxxxxxxx X. Xxxxxx
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