Document/Exhibit Description Pages Size
1: 485APOS Van Eck Funds 117 573K
60: EX-27.1 ƒ Financial Data Schedule 2 21K
61: EX-27.2 Financial Data Schedule 2 21K
62: EX-27.3 Financial Data Schedule 2 21K
63: EX-27.4 Financial Data Schedule 2 21K
64: EX-27.5 Financial Data Schedule 2 21K
65: EX-27.6 Financial Data Schedule 2 21K
66: EX-27.7 Financial Data Schedule 2 21K
67: EX-27.8 Financial Data Schedule 2 21K
50: EX-99.10.10 Opinion of Goodwin, Proctor & Hoar-Class B Global 1 21K
Har
45: EX-99.10.2 Opinion of Goodwin, Proctor & Hoar W/Respect to 1 20K
Gold/
46: EX-99.10.4 Opinion of Goodwin, Proctor & Hoar-Int'L. 1 20K
Investors
47: EX-99.10.5 Opinion of Goodwin, Proctor & Hoar-Asia Dynasty 1 22K
Fund
48: EX-99.10.6 Opinion of Goodwin, Proctor & Hoar-Class B Asia 2± 22K
Dynas
49: EX-99.10.8 Opinion of Goodwin, Proctor & Hoar-Global Hard 1 21K
Assets
51: EX-99.11 Consent of Independent Accountants 1 19K
52: EX-99.14C Registrant's Form of Simplified Employee Plan 29 56K
53: EX-99.14D Amendments to the Retirement Plan for Self-Employe 88 175K
54: EX-99.15A2 Plan of Distribution W/Respect to Asia Dynasty Fun 7 38K
55: EX-99.15A3 Plan of Distribution W/Respect to Class B-Asia Dyn 12 57K
56: EX-99.15A5 Plan of Distribution Pursuant to Rule 12B-1 Class 5 37K
C
57: EX-99.15A6 Plan of Distribution to Rule 12B-1 (Global Hard 3 22K
Ass
58: EX-99.15A8 Plan of Distribution Pursuant to Rule 12B-1 (Class 5 35K
B
59: EX-99.18 Power of Attorney 1 20K
2: EX-99.1A1 Master Trust Agreement 31 114K
3: EX-99.1A2 Amendment No. 1 to Master Trust Agreement 2 19K
4: EX-99.1A3 Amendment No. 2 to Master Trust Agreement 2 19K
5: EX-99.1A4 Amendment No. 3 to Master Trust Agreement 2 20K
6: EX-99.1A5 Amendment No. 4 to Master Trust Agreement 2 20K
7: EX-99.1A6 Amendment No. 5 to Master Trust Agreement 2 20K
8: EX-99.1A7 Amendment No. 6 to Master Trust Agreement 4 25K
9: EX-99.1A8 Amendment No. 7 to Master Trust Agreement 3 21K
10: EX-99.1B1 Amended and Restated Master Trust Agreement 35 128K
19: EX-99.1B10 Amendment No. 9 to Amended & Restated Master Trust 2 23K
Ag
11: EX-99.1B2 Amended and Restated Master Trust Agreement 3 22K
12: EX-99.1B3 Amendment No. 2 to Amended & Restated Master Trust 2 22K
Ag
13: EX-99.1B4 Amendment No. 3 to Amended & Restated Master Trust 2 23K
Ag
14: EX-99.1B5 Amendment No. 4 to Amended & Restated Master Trust 3 25K
Ag
15: EX-99.1B6 Amendment No. 5 to Amended & Restated Master Trust 5 31K
Ag
16: EX-99.1B7 Amendment No. 6 to Amended & Restated Master Trust 5 30K
Ag
17: EX-99.1B8 Amendment No. 7 to Amended & Restated Master Trust 2 23K
Ag
18: EX-99.1B9 Amendment No. 8 to Amended & Restated Master Trust 4 29K
Ag
20: EX-99.2 By-Laws of Van Eck Funds 7 34K
21: EX-99.5A Advisory Agreement 10 41K
22: EX-99.5B1 Letter Agreement to Add Gold/Resources Fund 2 20K
23: EX-99.5C Form of Advisory Agreement 7 37K
24: EX-99.5D Advisory Agreement Between Van Eck 9 39K
25: EX-99.5E2 Letter Agreement to Add Gold/Resources Fund & Inte 1 20K
26: EX-99.5F Advisory Agreement Between Van Eck Associates & in 11 46K
27: EX-99.5G Sub-Investment Advisory Agreement 9 54K
28: EX-99.6A Distribution Agreement 7 38K
29: EX-99.6B1 Letter Agreement to Add Gold/Resources Fund & U.S. 2 21K
Go
30: EX-99.6B3 Form of Van Eck Funds 1 20K
31: EX-99.6C2 Letter Agreement to Add Global Hard Assets Fund 1 20K
32: EX-99.6C3 Letter Agreement to Add Global Hard Assets Fund 1 20K
33: EX-99.6D Amendment to Form of Selling Group Agreement 4 39K
34: EX-99.6E Selling Group Agreement 7 38K
35: EX-99.7 Deferred Fee Agreement 3 32K
36: EX-99.8A Global Custody Agreement 22 93K
37: EX-99.8B Global Custody Agreement 22 92K
38: EX-99.9A Procedural Agreement Among Merrill Lynch Futures 54 124K
39: EX-99.9B Commodity Customer's Agreement 14± 65K
40: EX-99.9C Agreement & Plan of Redomicile & Reorganization 4 31K
41: EX-99.9D Form of Accounting & Administrative Services 6 39K
Agreeme
42: EX-99.9E Accounting & Administrative Services Agreement 9 43K
43: EX-99.9F2 Letter of Agreement to Add Gold/Resources Fund 3 23K
44: EX-99.9F3 Letter Agreement to Add Global Hard Assets Fund 1 20K
EX-99.15A8 — Plan of Distribution Pursuant to Rule 12B-1 (Class B
Exhibit Table of Contents
FORM OF
PLAN OF DISTRIBUTION PURSUANT TO RULE 12b-1
(Class B Shares)
WHEREAS, VAN ECK FUNDS, an unincorporated business trust organized under
the laws of the Commonwealth of Massachusetts (hereinafter called the "Trust"),
is engaged in business as an open-end management investment company and is
registered as such under the Investment Company Act of 1940, as amended (the
"Act");
WHEREAS, the Trust is authorized to issue shares of beneficial interest, in
separate series, with each such series representing the interests in a separate
portfolio of securities and other assets;
WHEREAS, shares of beneficial interest of certain series of the Trust may
be divided into two or more classes (any series, currently existing or hereafter
established by the Trust offering two or more classes of its shares being
referred hereafter, individually or collectively as the context may require, as
"Series");
WHEREAS, the class of shares of a Series offered to the public at the
public offering price per share and subject to a contingent deferred sales
charge ("CDSC") on the terms and conditions set forth in the Trust's then-
current prospectus shall be designated as Class B shares (the Class B Shares
hereinafter "Shares");
WHEREAS, Van Eck Securities Corporation (the "Underwriter") serves as
principal underwriter of Shares of each Series pursuant to a written agreement;
WHEREAS, the Trust hereby intends to act as a distributor of Shares in
accordance with Rule 12b-1 under the Act, as it may from time to time be amended
("Rule 12b-1"), and desires to adopt a Plan of Distribution pursuant to such
Rule on the terms and conditions as hereinafter set forth, in respect of Shares
(the "Plan");
WHEREAS, initially, the Asia Dynasty Fund ("Initial Series") shall issue
Shares;
WHEREAS, the Trustees as a whole, and the Trustees who are not "interested
persons" of the Trust (as defined in the Act) and who have no direct or indirect
financial interest in the operation of the Plan and any agreements relating to
it (the "Qualified Trustees"), having determined, in the exercise of their
reasonable business judgement and in light of their fiduciary duties under state
law and under Sections 36(a) and (b) of the Act, that there is a reasonable
likelihood that the Plan will benefit the Initial Series and the holders of the
Shares of such Series, have approved the Plan by vote cast in person at a
meeting called for the purpose of voting on the Plan and agreements related
thereto; and
WHEREAS, Van Eck Associates Corporation, as the sole shareholder of the
Shares of the Initial Series, has approved the Plan.
NOW, THEREFORE, the Trust hereby adopts the Plan in accordance with Rule
12b-1:
Section 1. Distribution Activities
-----------------------
Subject to the supervision of the Trustees, the Trust or the Underwriter
on behalf of the Trust for the compensation set forth herein may, directly or
indirectly, engage in any activities primarily intended to result in the sale of
Shares, which activities may include, but are not limited to, one or more of the
following: (1) advancing commissions to securities dealers in respect of sales
of Shares ("Advanced
Commissions"); (2) making payments to securities dealers and others engaged in
the sale of Shares, including making payments of fees to the broker of record
for servicing shareholder accounts ("Maintenance Fees"); (3) paying compensation
to and expenses of personnel (including personnel of the Underwriter and
organizations with which the Trust or the Underwriter has entered into
agreements pursuant to this Plan) who engage in or support distribution of
Shares or who render shareholder support services, including but not limited, to
office space and equipment, telephone facilities and expenses, answering routine
inquiries regarding the Trust, processing shareholder transactions and providing
such other shareholder services, other than those provided by the transfer agent
and other agents of the Trust, as the Trust may reasonably request; (4)
formulating and implementing marketing and promotional activities, including but
not limited to direct mail promotions and television, radio, newspaper, magazine
and other mass media advertising; (5) preparing, printing and distributing sales
literature; (6) preparing, printing and distributing prospectuses of the Trust
and reports for recipients other than existing shareholders of the Trust; (7)
obtaining such information, analyses and reports with respect to marketing and
promotional activities as the Trust may, from time to time, deem advisable and;
(8) paying, or reimbursing the Underwriter for, interest on unrecouped Carry
Forward Commissions (as hereafter defined) at a rate paid by the Underwriter,
or, if such amounts are funded by the Underwriter or an affiliate, at the Broker
Call Loan Rate as reported in the Wall Street Journal, as such rates may vary
from day to day. The Underwriter on behalf of the Trust is authorized to engage
in the activities listed above, and in any other activities primarily intended
to result in the sale of Shares, either directly or through other persons with
which the Trust or the Underwriter has entered into agreements pursuant to the
Plan (all such activities hereafter "Distribution Activities"). The Underwriter
is not obligated to perform all of the Distribution Activities enumerated above
or maintain any level of service or expenditures, but shall in its sole
discretion, determine which Distribution Activities to engage in and the
resources to be committed to such activities.
Section 2. Fees, Maximum Expenditures
--------------------------
(a) Payment for Distribution Activities - The Trust is authorized to pay
-----------------------------------
the Underwriter for the Distribution Activities performed under the Plan a fee
at the annual rate set forth in Exhibit A ("Annual Fee"). Such Series shall
calculate daily amounts payable by it in respect of Shares hereunder and shall
pay such amounts monthly or at such other intervals as the Trustees may
determine. In the event the Plan is terminated, the Underwriter shall be
entitled to recoup amounts expended on Distribution Activities on behalf of the
Series in excess of the Annual Fees, CDSC and any other compensation received in
connection with the distribution of the Shares ("Unrecouped Amounts"). The
Payment of Unrecouped Amounts in the case of a Series shall not exceed, on an
annual basis, the Annual Fee ("Annual Limitation"). Unrecouped Amounts payable
under the Plan that are not paid because they exceed the Annual Fee ("Carry
Forward Amounts") shall be carried forward by a Series and shall be paid within
the Annual Limitation in accordance with this Plan. Carry Forward Amounts
attributable to commissions advanced by, or on behalf of, the Underwriter in
respect of Shares pursuant to Section 1(1) hereof are "Carry Forward
Commissions."
(b) Application of Proceeds - The excess of amounts received by the
-----------------------
Underwriter under Section 2(a) hereof over amounts paid by it as Maintenance
Fees to third parties which are not "affiliated persons" (as defined in the Act)
of the Trust and the proceeds received by the Underwriter from CDSC payments
shall be applied first toward interest on unreimbursed Carry Forward
Commissions, then to reduce any unreimbursed Carry Forward Commissions and then
to reduce the costs incurred by the Underwriter in performing Distribution
Activities.
(c) Any unreimbursed Carry Forward Amounts under Section 2(a) attributable
to a fiscal year of a Series shall be paid by the Trust in respect of Shares in
a subsequent year within the limitations set forth herein. Expenditures made by
one class under the Plan may not be used to subsidize the sale of shares of
another class of a Series.
Section 3. Term and Termination
--------------------
(a) Initial Series. The Plan shall become effective on ____________ with
--------------
respect to the Initial Series.
(b) Additional Series. As additional Series other than the Initial Series
-----------------
are established, the Plan shall become effective with respect to each such
Series listed in Exhibit A at the Annual Fee set forth in such Exhibit upon the
initial public offering of such new Series, provided that the Plan has
previously been approved for continuation, together with any related agreements,
by votes of a majority of both (a) the Trustees of the Trust and (b) the
Qualified Trustees, cast in person at a meeting held before the initial public
offering of such new Series and called for the purpose of voting on such
approval.
(c) Continuation of the Plan. The Plan and any related agreements shall
------------------------
continue in effect with respect to a Series for so long as such continuance is
specifically approved at least annually by votes of a majority of both (a) the
Trustees of the Trust and (b) the Qualified Trustees, cast in person at a
meeting called for the purpose of voting on this Plan and such related
agreements.
(d) Termination of the Plan. The Plan may be terminated at any time with
-----------------------
respect to any Series by vote of a majority of the Qualified Trustees, or by
vote of a majority of the outstanding Shares. The Underwriter shall not be
entitled to reimbursement in respect of costs incurred in performing
Distribution Activities which occur after termination of the Plan. However, the
Underwriter shall be entitled to reimbursement of all Carry Forward Amounts and
other costs properly incurred in respect of Shares prior to termination, and the
Trust shall continue to make any required payments to the Underwriter pursuant
to Section 2 subject to the Annual Limitation until such time as all such
amounts have been reimbursed. The Underwriter shall also be entitled to receive
all CDSC's paid or payable with respect to Shares purchased before the
termination of the Plan that are redeemed or repurchased by the Trust subsequent
to termination of the Plan. The Plan may remain in effect with respect to a
Series even if it has been terminated in accordance with this Section 3(d) with
respect to one or more other Series.
Section 4. Amendments
----------
The Plan may not be amended to increase materially the amount of
distribution expenditures provided for in Section 2 hereof unless such amendment
is approved by a vote of the majority of the outstanding voting securities of
each of the affected classes of a Series and no material amendment to the Plan
shall be made unless approved in the manner provided for annual renewal in
Section 3(c) hereof.
Section 5. Independent Trustees
--------------------
While the Plan is in effect, the selection and nomination of Trustees who
are not interested persons (as defined in the Act) of the Trust shall be
committed to the discretion of the Trustees who are not interested persons.
Section 6. Quarterly Reports
-----------------
The Treasurer of the Trust shall provide to the Trustees and the Trustees
shall review, at least quarterly, a written report of the amounts expended for
Distribution Activities and the purpose for which such expenditures were made.
The Treasurer shall review, at least annually the revenues received and expenses
incurred by the Underwriter pursuant to the Plan.
Section 7. Recordkeeping
-------------
The Trust shall preserve copies of the Plan and any related agreements and
all reports made pursuant to Section 6 hereof, for a period of not less than six
years from the date of the Plan, or the agreements and such report, as the case
may be, the first two years in an easily accessible place.
Section 8. Limitation of Liability
-----------------------
The term "Van Eck Funds" means and refers to the Trustees from time to time
serving under the Master Trust Agreement dated February 6, 1992, as the same may
subsequently thereto have been, or subsequently hereto be, amended. It is
expressly agreed that the obligations of the Trust hereunder shall not be
binding upon any of the Trustees, shareholders, nominees, officers, agents or
employees of the Trust, personally, but bind only the assets and property of the
Trust, as provided in the Master Trust Agreement of the Trust. The execution
and delivery of the Plan have been authorized by the Trustees and shareholders
of the Trust and signed by an authorized officer of the Trust, acting as such,
and neither such authorization by such Trustees and shareholders nor such
execution and delivery by such officer shall be deemed to have been made by any
of them individually or to impose any liability on any of them personally, but
shall bind only the assets and property of the Trust as provided in its Master
Trust Agreement.
IN WITNESS WHEREOF, the Trust has executed this Plan of Distribution on the
day and year set forth below in New York, New York.
Date:
VAN ECK FUNDS
.............
Vice President
ATTEST:
................................
Secretary
| EX-99.15A8 | Last Page of 5 | TOC | 1st | Previous | Next | ↓Bottom | Just 5th |
|---|
VAN ECK FUNDS
EXHIBIT A
Name of Series Maximum 12b-1 Fees/Annual Limitation
(Annually as a % of average daily net assets)
Asia Infrastructure Fund-B 1.00%
Global Hard Assets Fund-B 1.00%
Gold Opportunity Fund-B 1.00%
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
|---|
| This ‘485APOS’ Filing | | Date | | First | | Last | | | Other Filings |
|---|
| |  |
| | 3/2/99 |
| Filed on: | | 3/1/99 | | | | | | | NSAR-B |
| | 2/6/92 | | 4 |
| List all Filings |
8 Subsequent Filings that Reference this Filing
↑Top
Filing Submission 0000950130-99-001141 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)
Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
About — Privacy — Redactions — Help —
Fri., Apr. 19, 8:48:41.2pm ET 