EX-99.B1.(b)
AMENDMENT TO DECLARATION OF TRUST
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,ss.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 has executed this
instrument the 4th day of August, 1995.
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