VAN ECK FUNDS
AMENDMENT NO. 9
TO AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 9 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
21st day of December, 1994.
W I T N E S S E T H:
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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, 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 a second class
of Shares of Asia Infrastructure Fund and a third class of Shares of Global Hard
Assets Fund and Gold Opportunity Fund, which are designated as Class B Shares;
and
WHEREAS, a majority of the Trustees have voted to eliminate the World
Trends Fund and the Global SmallCap Fund series of the Trust.
WHEREAS, a majority of the Trustees have voted to eliminate the Class B
Shares of the Global Income Fund series of the Trust.
WHEREAS, a majority of the Trustees have voted to eliminate the Class C
Shares of the Gold/Resources Fund and the Asia Infrastructure Fund series of the
Trust.
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 Xxxxxxxx Xxxxxxxxxxx, a 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 as follows:
"Section 4.2 Establishment and Description of Sub-Trusts. Without
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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 nine Sub-Trusts: Gold/Resources Fund (Class
A), U.S. Government
Money Fund, Global Income Fund (Class A), International Investors Gold
Fund (Class A and Class C), Asia Dynasty Fund (Class A and Class B),
Asia Infrastructure Fund (Class A and Class B), Global Balanced Fund
(Class A and Class B), Global Hard Assets Fund (Class A, Class B and
Class C) and Gold Opportunity Fund (Class A, Class B and Class C). The
Gold/Resources Fund (Class A), U.S. Government Money Fund, Global
Income Fund (Class A), International Investors Gold Fund (Class A and
Class C), Asia Dynasty Fund (Class A and Class B), Asia Infrastructure
Fund (Class A and Class B), Global Balanced Fund (Class A and Class
B), Global Hard Assets Fund (Class A, Class B and Class C) and Gold
Opportunity Fund (Class A, Class B and Class C) 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 23rd day of April, 1996.
/s/ Xxxxxxxx Xxxxxxxxxxx
Xxxxxxxx Xxxxxxxxxxx, Secretary
STATE OF NEW YORK
COUNTY OF NEW YORK
Then personally appeared the above-named Xxxxxxxx Xxxxxxxxxxx and acknowledged
this instrument to be his free act and deed this 23rd day of April, 1996.
/s/ Xxxxx X. Xxxxxxx
Notary Public
My commission expires: February 8, 1997
