American Bar Association Members/State Street Collective Trust Seventh Amended and Restated Fund DeclarationInvestment Management Trust Agreement |
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Exhibit 3.5.1
American Bar Association Members/State Street
Collective Trust
Seventh Amended and Restated Fund Declaration
Balanced Fund
Pursuant to Sections 3.03 and 7.01 of the Declaration of Trust, dated December 5, 1991, as amended as of July 31, 1995 and as further amended as July 15, 2002 (the “Declaration of Trust”), which authorizes State Street Bank and Trust Company as trustee (“State Street” or the “Trustee”) of the American Bar Association Members/State Street Collective Trust (the “Collective Trust”) to amend the Fund Declarations of the investment funds established under the Collective Trust, effective as of June 1, 2004 State Street hereby amends and restates the Fund Declaration dated April 1, 2003 of the Balanced Fund, an investment fund established under the Collective Trust (the “Fund”). The provisions of the Declaration of Trust are incorporated herein by reference. In addition, the Trustee agrees and declares that it will hold, administer and deal with all money and property received or purchased by it as Trustee of the Collective Trust on behalf of the Fund subject to the additional terms and conditions set forth in this Fund Declaration. Capitalized terms used and not otherwise defined shall have the meanings set forth in the Declaration of Trust.
1. Investment Objective. The investment objective of the Balanced Fund is to achieve both current income and long-term capital appreciation. The Balanced Fund will seek to achieve, over an extended period of time, total returns comparable to or superior to an appropriate combination of broad measures of the domestic stock and bond markets.
2. Investment Guidelines and Restrictions. The assets of the Fund shall be invested and reinvested primarily in (i) publicly traded common stocks and other equity-type securities, and (ii) medium- to long-term debt securities and money market instruments, provided that the Trustee may invest all or any portion of the assets of the Fund in accordance with Section 3.03(c) of the Declaration of Trust. It is expected that (i) at least 40%, but not more than 70%, of the assets of the Fund will be invested in common stocks and other equity-type instruments, including convertible securities and, (ii) at least 30%, but not more than 60%, of the assets of the Fund will be invested in nonconvertible debt securities and money market instruments. Securities of non-U.S. companies may be held by the Fund directly or indirectly through American Depositary Receipts or European Depositary Receipts.
All or any part of the investments by the Fund may be made through other of the Program’s Funds established under the Collective Trust (collectively, the “Investment Funds”), so long as such Funds comply with the investment guidelines and restrictions described herein.
It is the intention of the Trustee not to cause the Fund to invest in derivative securities, except to the extent set forth in the Prospectus of the Collective Trust from time to time in effect pursuant to which the Units of the Fund may be issued. The Trustee, subject to consultation with ABRA, may in the future review such investment policy.
The Fund will not:
(a) trade in foreign currency (except transactions incidental to the settlement of purchases or sales of securities for the Fund);
(b) make an investment in order to exercise control or management over a company;
(c) make short sales, unless the Fund has, by reason of ownership of other securities, the right to obtain securities of a kind and amount equivalent to the securities sold, which right will continue so long as the Fund is in a short position;
(d) trade in commodities or commodity contracts, except futures contracts (including options on futures contracts) with respect to securities and securities indices for hedging purposes or pursuant to the investment policy regarding derivative securities referred to above;
(e) write uncovered options;
(f) purchase real estate or mortgages, provided that the Fund may buy shares of real estate investment trusts listed on U.S. stock exchanges or reported on the Nasdaq National Market if such purchases are consistent with the investment objective and restrictions set forth in this Fund Declaration;
(g) invest in the securities of registered invested companies;
(h) invest in oil, gas or mineral leases;
(i) purchase any security on margin or borrow money, except for short-term credit necessary for clearance of securities transactions; or
(j) make loans, except by (i) the purchase of marketable bonds, debentures, commercial paper and similar marketable evidences of indebtedness, (ii) engaging in repurchase agreement transactions and (iii) making loans of portfolio securities.







