Exhibit 1(I)
ING VARIABLE PRODUCTS TRUST
ESTABLISHMENT AND DESIGNATION OF SERIES AND CLASSES
NOVEMBER 11, 2003
The undersigned, being a majority of the Trustees of ING Variable Products
Trust, a Massachusetts business trust (the "Trust"), acting pursuant to Sections
5.11 and Trust's Declaration of Trust dated December 17, 1993, as amended (the
"Declaration of Trust"), hereby establish and designate an additional series of
the Trust (the "Portfolio"), and divide the shares of beneficial interest of the
Portfolio into two separate classes (each a "Class" and collectively, the
"Classes"), the Portfolio and the Classes hereby created having the following
special and relative rights:
1. The Portfolio shall be designated ING VP Real Estate
Portfolio. The Classes thereof shall be designated as follows:
ING VP Real Estate Portfolio Class R and ING VP Real Estate
Portfolio Class S.
2. The Portfolio shall be authorized to invest in cash,
securities, instruments and other property as from time to
time described in the then current registration statement on
Form N-1A (File No. 33-56881) as filed with the United States
Securities and Exchange Commission with respect to the
Portfolio under the Securities Act of 1933, as amended (the
"Registration Statement"). Each share of each Class of the
beneficial interests of the Portfolio ("Share") shall be
redeemable, shall represent a pro rata beneficial interest in
the assets allocated to such class of shares of the Portfolio,
and shall be entitled to receive its pro rata share of net
assets allocable to such class of shares of that Portfolio
upon liquidation of the Portfolio, all as provided in the
Declaration of Trust. The proceeds of sales of Shares of the
Portfolio, together with any income and gain thereon, less any
dimunition or expenses thereof, shall irrevocably belong to
the Portfolio, unless otherwise required by law.
3. Each share of beneficial interest of the Portfolio shall be
entitled to one vote (or fraction thereof in respect of a
fractional share) on matters which such Shares (or class of
Shares) shall be entitled to vote. Shareholders of the
Portfolio shall vote together as a class on any matter, except
to the extent otherwise required by the Investment Company Act
of 1940, as amended (the "1940 Act"), or when the Trustees
have determined that the matter affects only the interest of
Shareholders of certain series within the Trust, in which case
only the Shareholders of such series shall be entitled to vote
thereon. Any matter shall be deemed to have been effectively
acted upon with respect to the Portfolio if acted upon as
provided in Rule 18f-2 under the 1940 Act or any successor
rule and in the Declaration of Trust.
4. The assets and liabilities of the Trust shall be allocated
among the Portfolio and each other series within the Trust, as
set forth in Section 5.11 of the Declaration of Trust, except
as described below:
a. Costs incurred by the Trust on behalf of a Portfolio
in connection with the organization and initial
registration and public offering of Shares of that
Portfolio shall be allocated to that Portfolio.
b. The Trustees may from time to time in particular
cases make specific allocation of assets or
liabilities among the series within the Trust and
each allocation of liabilities, expenses, costs,
charges, and reserves by the Trustees shall be
conclusive and binding upon the Shareholders of all
series for all purposes.
5. The Trustees (including any successor Trustee) shall have the
right at any time and from time to time to reallocate assets
and expenses or to change the designation of the Portfolio or
any Class thereof now or hereafter created, or otherwise
change the special and relative rights of the Shareholders of
the Portfolio or a Class.
The foregoing shall be effective upon the date first written above.
/s/ Paul S. Doherty /s/ David W.C. Putnam
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Paul S. Doherty, as Trustee David W.C. Putnam, as Trustee
/s/ J. Michael Earley /s/ Blaine E. Rieke
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J. Michael Earley, as Trustee Blaine E. Rieke, as Trustee
/s/ R. Barbara Gitenstein /s/ John G. Turner
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R. Barbara Gitenstein, as Trustee John G. Turner, as Trustee
/s/ Walter H. May /s/ Roger B. Vincent
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Walter H. May, as Trustee Roger B. Vincent, as Trustee
/s/ Thomas J. McInerney /s/ Richard A. Wedemeyer
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Thomas J. McInerney, as Trustee Richard A. Wedemeyer, as Trustee
/s/ Jock Patton
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Jock Patton, as Trustee
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