FORM OF DEPOSITARY TRUST AGREEMENT Between MERK INVESTMENTS, LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee MERK GOLD TRUST Dated as of ________, 2012Depositary Trust Agreement • April 20th, 2012 • Merk Gold Trust • New York
Contract Type FiledApril 20th, 2012 Company JurisdictionTHIS DEPOSITARY TRUST AGREEMENT dated as of _______, 2012, between MERK INVESTMENTS, LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.