DECLARATION OF TRUST AND TRUST AGREEMENTDeclaration of Trust and Trust Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • Delaware
DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of December 30, 2014 (this “Trust Agreement”), between MATH-BASED ASSET SERVICES, LLC, a Delaware limited liability company, as sponsor (the “Sponsor”), and DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”). The Sponsor and the Trustee hereby agree as follows:
AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENTDeclaration of Trust and Trust Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • Delaware
This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (this “Declaration of Trust and Trust Agreement”), dated as of February 1, 2017, amends and restates the Declaration of Trust and Trust Agreement dated December 30, 2014 (the “Initial Declaration of Trust and Trust Agreement”), between DIGITAL ASSET SERVICES, LLC (formerly Math-Based Asset Services, LLC), a Delaware limited liability company, as sponsor (the “Sponsor”), and DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”).
GEMINI TRUST COMPANY, LLC TRUST CUSTODY AGREEMENTTrust Custody Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • New York
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • New York
THIS AGREEMENT is made as of the 28th day of September, 2016, by and among STATE STREET BANK AND TRUST COMPANY, Massachusetts trust company having its principal office and place of business at One Lincoln Street, Boston, Massachusetts 02111 (“State Street” or the “Transfer Agent”), WINKLEVOSS BITCOIN TRUST, a Delaware statutory trust having its principal office and place of business at Farmers Bank Building, 301 N. Market Street, Suite 1463, Wilmington, DE 19801 (the “Trust”), and, solely with respect to Section 2.1 hereof, DIGITAL ASSET SERVICES, LLC, a Delaware limited liability company having its principal place of business at 301 N. Market Street, Suite 1463, Wilmington, Delaware 19801 (the “Sponsor”).
ADMINISTRATION AGREEMENTAdministration Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • New York
This Administration Agreement (the “Agreement”) dated and effective as of September 28, 2016, is by and among State Street Bank and Trust Company, a trust company organized under the laws of the Commonwealth of Massachusetts (the “Administrator”), Winklevoss Bitcoin Trust, a Delaware statutory trust (the “Trust”), and, solely with respect to Section 6 hereof, Digital Asset Services, LLC, a Delaware limited liability company (the “Sponsor”).
FORM OF PARTICIPANT AGREEMENTParticipant Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • New York
This Participant Agreement (the “Agreement”), dated as of , is entered into by and among [Name of Authorized Participant] (the “Authorized Participant”), the Winklevoss Bitcoin Trust (the “Trust”), and Digital Asset Services, LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”) and is subject to acceptance by State Street Bank and Trust Company, as Transfer Agent of the Trust (the “Transfer Agent”).
