Exhibit (a)(13)
VAN ECK FUNDS
AMENDMENT NO. 12
TO AMENDED AND RESTATED MASTER TRUST AGREEMENT
Amendment No. 12 to the Amended and Restated Master Trust Agreement dated
February 6, 1992 (amending the Master Trust Agreement dated April 3, 1985), as
amended (the "Agreement"), of Van Eck Funds (the "Trust"), made at New York, New
York, this 30th day of April, 1998.
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 as 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, Article IV, Section 4.2 (d) of the Agreement provides that the
Trustees of the Trust may liquidate any particular Sub-Trust of the Trust,
subject to the approval of a majority of the outstanding voting Shares of that
Sub-Trust; and
WHEREAS, a majority of the Trustees approved the submission to
shareholders of a proposal to liquidate one of the Sub-Trusts, Global Income
Fund, and, at a meeting held on April 16, 1998, a majority of the outstanding
voting Shares of that Sub-Trust approved the liquidation of Global Income Fund;
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 and the Boston City Clerk.
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Exhibit (a)(13)
NOW, THEREFORE, the undersigned, Xxxxx X. Xxxxx, a duly elected and
serving Assistant 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 in entirety 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 eight Sub-Trusts: Asia Dynasty Fund (Class A and
Class B), Emerging Markets Growth Fund (Class A, Class B and Class C),
Global Balanced Fund (Class A and Class B), Global Hard Assets Fund (Class
A, Class B and Class C), Global Real Estate Fund (Class A, Class B and
Class C), Gold/Resources Fund (Class A), International Investors Gold Fund
(Class A) and U.S. Government Money Fund. Shares of such Sub-Trusts 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 30th day of April, 1998.
---------------------------------------- (SEAL)
Xxxxx X. Xxxxx, Assistant Secretary
STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
Then personally appeared the above-named Xxxxx X. Xxxxx and acknowledged
this instrument to be her free act and deed this 30th day of April, 1998.
----------------------------------------
Notary Public
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