NEW YORK DAILY TAX FREE INCOME FUND, INC.
Distribution and Service Plan Pursuant to Rule 12b-1
Under the Investment Company Act of 1940
The Distribution and Service Plan (the "Plan") is adopted by New York Daily
Tax Free Income Fund, Inc. (the "Fund") in accordance with the provisions of
Rule 12b-1 under the Investment Company Act of 1940 (the "Act").
The Plan
1. The Fund and Xxxxx & Xxxx Distributors, Inc. (the "Distributor"), have
entered into a Distribution Agreement, in a form satisfactory to the Fund's
Board of Directors, under which the Distributor will act as distributor of the
Fund's shares. Pursuant to the Distribution Agreement, the Distributor, as agent
of the Fund, will solicit orders for the purchase of the Fund's shares, provided
that any subscriptions and orders for the purchase of the Fund's shares will not
be binding on the Fund until accepted by the Fund as principal.
2. The Fund and the Distributor have entered into a Shareholder Servicing
Agreement with respect to the Class A Shares of the Fund, in a form satisfactory
to the Fund's Board of Directors, which provides that the Distributor will be
paid a service fee for providing or for arranging for others to provide all
personal shareholder servicing and related maintenance of shareholder account
functions not performed by us or our transfer agent.
3. The Manager may make payments from time to time from its own resources,
which may include the management fees and administrative services fees received
by the Manager from the Fund and from other companies, and past profits for the
following purposes:
(i) to pay the costs of, and to compensate others, including organizations
whose customers or clients are Class A Fund Shareholders ("Participating
Organizations"), for performing personal shareholder servicing and related
maintenance of shareholder account functions on behalf of the Fund;
(ii) to compensate Participating Organizations for providing assistance in
distributing the Fund's Class A Shares; and
(iii) to pay the cost of the preparation and printing of brochures and other
promotional materials, mailings to prospective shareholders, advertising,
and other promotional activities, including salaries and/or commissions of
sales personnel of the Distributor and other persons, in connection with
the distribution of the Fund's shares.
The Distributor may also make payments from time to time from its own resources,
which may include the service fee and past profits for the purpose enumerated in
(i) above. Further, the Distributor may determine the amount of such payments
made pursuant to the Plan, provided that such payments will not increase the
amount which the Fund is required to pay to (1) the Manager for any fiscal year
under the Investment Management Contract or the Administrative Services
Agreement in effect for that year or otherwise or (2) to the Distributor under
the Shareholder Servicing Agreement in effect for that year or otherwise. The
Investment Management Contract will also require the Manager to reimburse the
Fund for any amounts by which the Fund's annual operating expenses, including
distribution expenses, exceed in the aggregate in any fiscal year the limits
prescribed by any state in which the Fund's shares are qualified for sale.
4. The Fund will pay for (i) telecommunications expenses, including the
cost of dedicated lines and CRT terminals, incurred by the Distributor and
Participating Organizations in carrying out their obligations under the
Shareholder Servicing Agreement with respect to the Class A Shares of the Fund
or the Participating Organization agreement, as the case may be, and (ii)
preparing, printing and delivering the Fund's prospectus to existing
shareholders of the Fund and preparing and printing subscription application
forms for shareholder accounts.
5. Payments by the Distributor or Manager to Participating Organizations as
set forth herein are subject to compliance by them with the terms of written
agreements in a form satisfactory to the Fund's Board of Directors to be entered
into between the Distributor and the Participating Organizations.
6. The Fund and the Distributor will prepare and furnish to the Fund's
Board of Directors, at least quarterly, written reports setting forth all
amounts expended for servicing and distribution purposes by the Fund, the
Distributor and the Manager, pursuant to the Plan and identifying the servicing
and distribution activities for which such expenditures were made.
7. The Plan became effective upon approval by (i) a majority of the
outstanding voting securities of the Fund (as defined in the Act), and (ii) a
majority of the Board of Directors of the Fund, including a majority of the
Directors who are not interested persons (as defined in the Act) of the Fund and
who have no direct or indirect financial interest in the operation of the Plan
or in any agreement entered into in connection with the Plan, pursuant to a vote
cast in person at a meeting called for the purpose of voting on the approval of
the Plan.
8. The Plan will remain in effect until April 30, 2002, unless earlier
terminated in accordance with its terms, and thereafter may continue in effect
for successive annual periods if approved each year in the manner described in
clause (ii) of paragraph 7 hereof.
9. The Plan may be amended at any time with the approval of the Board of
Directors of the Fund, provided that (i) any material amendments of the terms of
the Plan will be effective only upon approval as provided in clause (ii) of
paragraph 7 hereof, and (ii) any amendment which increases materially the amount
which may be spent by the Fund pursuant to the Plan will be effective only upon
the additional approval as provided in clause (i) of paragraph 7 hereof (with
each class of the Fund voting separately).
10. The Plan may be terminated without penalty at any time (i) by a vote
of a majority of the Directors of the Fund who are not interested persons (as
defined in the Act) of the Fund and who have no direct or indirect financial
interest in the operation of the Plan or in any agreement related to the Plan,
or (ii) by a vote of a majority of the outstanding voting securities of the
Fund (with each class of the Fund voting separately) (as defined in the Act).
As amended on March 5, 2003.
