Transfer Of Property Ownership In A Trust Amendment: Updating Trust Terms And Beneficiaries – THEREFORE, the Vanguard Index Funds (Trust) Amended and Restated Agreement and Declaration of Trust entered into on the date indicated below by the trustees named below for the purpose of continuing as a Delaware statutory trust. As per the provisions mentioned below;
However, the Trust was created when a Certificate of Trust was filed in the Office of the State Notary of the State of Delaware on January 28, 1998 pursuant to a Declaration of Trust dated January 23, 1998 (Original Declaration of Trust). );
Transfer Of Property Ownership In A Trust Amendment: Updating Trust Terms And Beneficiaries
Accordingly, the Trustees have deemed it appropriate to amend and restate the Amended Declaration in accordance with the amended Declaration of Trusts and Delaware Law.
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Accordingly, this Amended Declaration is hereby amended and restated as follows and the Trustees hereby declare that the Trust shall hold in the Trust all cash, securities and other assets now held or hereafter from time to time acquired by the Trust. in any manner and handle and dispose of under the terms and conditions below.
. The name of the Trust is VANGUARD INDEX FUNDS and the Trustees carry on the business of the Trust in that name or in such other name as may be determined from time to time. If the trustees decide to change the name of the trust, they may use any other name for the trust that they consider appropriate. Any change of name shall be effective upon the approval of the Trustees of such change and the filing of a certificate of amendment in accordance with Delaware law. Any such action shall constitute an amendment to this Declaration of Trust.
(a) an amended declaration of trust has the meaning in this recital of a declaration of trust; (b) bye-laws means the bye-laws of the Trust as amended from time to time; (c) the Commission shall have the meaning assigned to it by section 2(a)(7) and section (2)(a)(29) of the Act of 1940; (d) Declaration of Trust means the amended and restated Agreement and this Declaration of Trust, as amended or restated from time to time; (e) The Delaware Act refers to the Delaware Statutory Trust Act, 12 Del. C. § 3801 and. Succession (as amended from time to time); (f) interested person has the meaning given that term in section 2(a)(19) of the 1940 Act; (g) investment advisor or adviser means a party providing services to the Trust pursuant to any agreement described in Article IV, section 6(a) hereof;
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(h) 1940 Act refers to the Investment Company Act of 1940 and the rules and regulations thereunder, all as amended from time to time. References herein to the special tion of the Act of 1940 shall be deemed to include such rules and regulations applicable to such States as the Comptroller or his designee may determine;
(i) the Original Declaration of Trust shall have the meaning read with this Declaration of Trust; (j) principal underwriter shall have the meaning assigned thereto in section 2(a)(7) and section (2)(a)(29) of the Act of 1940;
(k) Prior Declaration of Trust refers to the original Declaration of Trust and the Amended Amending Declaration, each effective prior to the date hereof;
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(l) Person means and includes individuals, corporations, partnerships, trusts, foundations, schemes, associations, joint ventures, estates and other entities, whether legal entities or not, and governments and political organizations and divisions, domestic or foreign. ;
(o) shares means shares of beneficial interests, beneficial interests in a trust divided from time to time and includes fractional shares and whole shares;
(q) Trustees or Board of Trustees means the signatories of this Declaration of Trust and all other persons elected or appointed or to be appointed from time to time to serve on the Board of Trustees pursuant to the provisions hereof or the foregoing Declaration. In accordance with these terms and references to the Trust, such person or persons shall be referred to in their capacity as trustees so long as they remain in office; And
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The purpose of the Trust is to carry on, manage and conduct the business of a management investment company registered under the 1940 Act primarily through investments in one or more series of securities.
. The beneficial interest in the trust will always be divided into an unlimited number of shares, with a par value of $.001 per share, unless the trustee determines another par value in connection with the issuance of the shares or with respect to the outstanding shares. As provided in Section 5 of this Article III. The trustee may authorize the division of the shares into separate series and the division of the series into separate classes of shares. Different series are defined and designated and differences in relative rights and preferences between different series are defined and determined by the supervisor. If no series is established or only one series can be established, the shares shall have the rights and options provided herein and in Article III, tion 6 and not otherwise provided herein.
Subject to the provisions of Section 6 of this Article III, each share shall have the right to vote as provided in this Article V and the holders of any series of shares shall be entitled to receive dividends, when and in the manner of declaration thereof.
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Provided in Article VI, tion 1 thereof. No shares shall have preference or priority over any other shares of the same series with respect to dividends or distributions of the Trust. All dividends and distributions shall be made equally among all shareholders of a series (or class) of assets held in respect of such series in proportion to the number of shares of the series (or class) held by such shareholders on the record date. For any dividend or distribution. Shareholders have no pre-emptive right or other rights to subscribe for additional shares or other securities issued by the Trust or any Series. The Trustees may from time to time divide or combine the shares of the Series into a greater or lesser number of shares, thereby materially altering or materially affecting the proportionate beneficial interest of such shares in the assets held with respect to the Series. Allotment rights of shares from other series.
All references to Shares in this Declaration of Trust shall be deemed to be Shares of the Trust and any or all series or classes thereof, as the context may require. All provisions relating to a trust shall apply equally to each series of trusts and to each class thereof, unless the context otherwise requires.
. Ownership of shares must be recorded in the books of the trust or of the transferor or similar agent for the trust, with separate books maintained for each series (and class) of shares. No certificate evidencing ownership of shares shall be issued except as the Board of Trustees may from time to time determine. The trustees may make such rules as they think fit for the transfer of shares of each series (and class) and similar subject matter. The record books of the Trust or its transferor or similar agent, as the case may be, shall be conclusive as to the identity of each series (and class) of shareholders and the number of shares held by each. A series (and class) is held from time to time for each shareholder.
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. Investments may be accepted by the Trust from such persons, at such times, on such terms and for such consideration as the Trustees may assign from time to time. Each investment is credited to the shareholder’s account in the form of full and partial trust shares, in a series (or class) selected by the purchaser, with the net asset value of each share for that series (or class) then determined. After receiving the investment; However, the Trustees may, in their sole discretion, charge sales charges or redemption charges against investments in the Trust.
. Shares are considered personal property only in the rights provided for in this declaration of trust and the trust’s bylaws. Each Shareholder shall be deemed to have expressly accepted and agreed to these Terms by becoming a Shareholder. The death, incapacity, dissolution, termination or bankruptcy of a shareholder while the trust is in existence shall not operate to terminate the trust or entitle such shareholder to be a representative.
Accounting or taking any action in court or elsewhere against the trust or trustees, but assigning only the rights of representative to the rights of shareholders.
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