EX-99.M 10 b50650mfexv99wm.txt AMENDED AND RESTATED RULE 12B-1 THE HARTFORD MUTUAL FUNDS, INC. AMENDED AND RESTATED DISTRIBUTION PLAN CLASS A, B AND C SHARES ARTICLE I. THE PLAN This Amended and Restated Distribution Plan (the "Plan") sets forth the terms and conditions on which The Hartford Mutual Funds, Inc. (the "Company"), on behalf of each series of the Company (each a "Fund" and together the "Funds") will pay certain amounts to Hartford Investment Financial Services, LLC (the "Distributor") in connection with the provision by the Distributor, of certain services to the Funds, as set forth herein. Certain of such payments by a Fund may, under Rule 12b-1 (the "Rule") under the Investment Company Act of 1940, as amended (the "Act"), be deemed to constitute the financing of distribution by a Fund. This Plan describes all material aspects of such financing as contemplated by the Rule and shall be administered and interpreted, and implemented and continued, in a manner consistent with the Rule. The Fund and each Class of those Funds that currently have adopted this Plan, and the effective dates of such adoption, are as follows:
SERIES CLASS EFFECTIVE DATE ----------------------------------------------------------------------------------- The Hartford Advisers Fund A July 22, 1996 The Hartford Advisers Fund B July 22, 1996 The Hartford Advisers Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Aggressive Growth Allocation Fund A May 19, 2004 The Hartford Aggressive Growth Allocation Fund B May 19, 2004 The Hartford Aggressive Growth Allocation Fund C May 19, 2004 ----------------------------------------------------------------------------------- The Hartford Balanced Allocation Fund A May 19, 2004 The Hartford Balanced Allocation Fund B May 19, 2004 The Hartford Balanced Allocation Fund C May 19, 2004 ----------------------------------------------------------------------------------- The Hartford Capital Appreciation Fund A July 22, 1996 The Hartford Capital Appreciation Fund B July 22, 1996 The Hartford Capital Appreciation Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Conservative Allocation Fund A May 19, 2004 The Hartford Conservative Allocation Fund B May 19, 2004 The Hartford Conservative Allocation Fund C May 19, 2004 -----------------------------------------------------------------------------------
SERIES CLASS EFFECTIVE DATE ----------------------------------------------------------------------------------- The Hartford Disciplined Equity Fund A April 30, 1998 The Hartford Disciplined Equity Fund B April 30, 1998 The Hartford Disciplined Equity Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Dividend and Growth Fund A July 22, 1996 The Hartford Dividend and Growth Fund B July 22, 1996 The Hartford Dividend and Growth Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Equity Income Fund A August 28, 2003 The Hartford Equity Income Fund B August 28, 2003 The Hartford Equity Income Fund C August 28, 2003 ----------------------------------------------------------------------------------- The Hartford Focus Fund A April 30, 2001 The Hartford Focus Fund B April 30, 2001 The Hartford Focus Fund C April 30, 2001 ----------------------------------------------------------------------------------- The Hartford Global Communications Fund A October 30, 2000 The Hartford Global Communications Fund B October 30, 2000 The Hartford Global Communications Fund C October 30, 2000 ----------------------------------------------------------------------------------- The Hartford Global Financial Services Fund A October 30, 2000 The Hartford Global Financial Services Fund B October 30, 2000 The Hartford Global Financial Services Fund C October 30, 2000 ----------------------------------------------------------------------------------- The Hartford Global Health Fund A April 27, 2000 The Hartford Global Health Fund B April 27, 2000 The Hartford Global Health Fund C April 27, 2000 ----------------------------------------------------------------------------------- The Hartford Global Leaders Fund A September 30, 1998 The Hartford Global Leaders Fund B September 30, 1998 The Hartford Global Leaders Fund C September 30, 1998 ----------------------------------------------------------------------------------- The Hartford Global Technology Fund A April 27, 2000 The Hartford Global Technology Fund B April 27, 2000 The Hartford Global Technology Fund C April 27, 2000 ----------------------------------------------------------------------------------- The Hartford Growth Allocation Fund A May 19, 2004 The Hartford Growth Allocation Fund B May 19, 2004 The Hartford Growth Allocation Fund C May 19, 2004 ----------------------------------------------------------------------------------- The Hartford High Yield Fund A September 30, 1998 The Hartford High Yield Fund B September 30, 1998 The Hartford High Yield Fund C September 30, 1998 -----------------------------------------------------------------------------------
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SERIES CLASS EFFECTIVE DATE ----------------------------------------------------------------------------------- The Hartford Income Allocation Fund A May 19, 2004 The Hartford Income Allocation Fund B May 19, 2004 The Hartford Income Allocation Fund C May 19, 2004 ----------------------------------------------------------------------------------- The Hartford Income Fund A October 31, 2002 The Hartford Income Fund B October 31, 2002 The Hartford Income Fund C October 31, 2002 ----------------------------------------------------------------------------------- The Hartford Inflation Plus Fund A October 31, 2002 The Hartford Inflation Plus Fund B October 31, 2002 The Hartford Inflation Plus Fund C October 31, 2002 ----------------------------------------------------------------------------------- The Hartford International Capital Appreciation Fund A April 30, 2001 The Hartford International Capital Appreciation Fund B April 30, 2001 The Hartford International Capital Appreciation Fund C April 30, 2001 ----------------------------------------------------------------------------------- The Hartford International Opportunities Fund A July 22, 1996 The Hartford International Opportunities Fund B July 22, 1996 The Hartford International Opportunities Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford International Small Company Fund A April 30, 2001 The Hartford International Small Company Fund B April 30, 2001 The Hartford International Small Company Fund C April 30, 2001 ----------------------------------------------------------------------------------- The Hartford MidCap Fund A July 22, 1996 The Hartford MidCap Fund B July 22, 1996 The Hartford MidCap Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford MidCap Value Fund A April 30, 2001 The Hartford MidCap Value Fund B April 30, 2001 The Hartford MidCap Value Fund C April 30, 2001 ----------------------------------------------------------------------------------- The Hartford Money Market Fund A July 22, 1996 The Hartford Money Market Fund B July 22, 1996 The Hartford Money Market Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Short Duration Fund A October 31, 2002 The Hartford Short Duration Fund B October 31, 2002 The Hartford Short Duration Fund C October 31, 2002 ----------------------------------------------------------------------------------- The Hartford Small Company Fund A July 22, 1996 The Hartford Small Company Fund B July 22, 1996 The Hartford Small Company Fund C July 31, 1998 -----------------------------------------------------------------------------------
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SERIES CLASS EFFECTIVE DATE ----------------------------------------------------------------------------------- The Hartford Stock Fund A July 22, 1996 The Hartford Stock Fund B July 22, 1996 The Hartford Stock Fund C July 31, 1998 ----------------------------------------------------------------------------------- The Hartford Tax-Free California Fund A October 31, 2002 The Hartford Tax-Free California Fund B October 31, 2002 The Hartford Tax-Free California Fund C October 31, 2002 ----------------------------------------------------------------------------------- The Hartford Tax-Free New York Fund A October 31, 2002 The Hartford Tax-Free New York Fund B October 31, 2002 The Hartford Tax-Free New York Fund C October 31, 2002 ----------------------------------------------------------------------------------- The Hartford Total Return Bond Fund A July 22, 1996 The Hartford Total Return Bond Fund B July 22, 1996 The Hartford Total Return Bond Fund C July 31, 1999 ----------------------------------------------------------------------------------- The Hartford Value Fund A April 30, 2001 The Hartford Value Fund B April 30, 2001 The Hartford Value Fund C April 30, 2001 -----------------------------------------------------------------------------------
ARTICLE II. DISTRIBUTION AND SERVICE EXPENSES Each Fund shall pay to the Distributor a fee in the amount specified in Article III hereof. Such fee may be spent by the Distributor on any activities or expenses primarily intended to result in the sale of the applicable Class of shares of the Funds, including, but not limited to the payment of Distribution Expenses (as defined below) and Service Expenses (as defined below). Distribution Expenses include, but are not limited to, (a) payment of initial and ongoing commissions and other payments to brokers, dealers, financial institutions or others who sell each Fund's shares; (b) compensation to employees of the Distributor; (c) compensation to and expenses, including overhead such as communications and telephone, training, supplies, photocopying and similar types of expenses, of the Distributor incurred in the printing and mailing or other dissemination of all prospectuses and statements of additional information; (d) the costs of preparation, printing and mailing of reports used for sales literature and related expenses, advertisements and other distribution-related expenses (including personnel of the Distributor). "Service Expenses" shall mean fees for activities covered by the definition of "service fee" contained in Article III, Section 26(b) of the Rules of Fair Practice of the National Association of Securities Dealers, Inc., which provides that service fees shall mean payments by an investment company for personal service and/or the maintenance of shareholder accounts. 4 ARTICLE III. MAXIMUM EXPENDITURES CLASS A SHARES The expenditures to be made by each Fund pursuant to this Plan, and the basis upon which such expenditures will be made, shall be determined by each Fund, and in no event shall such expenditures exceed 0.35% of the average daily net asset value of the Class A shares of any Fund (determined in accordance with each Fund's prospectus as from time to time in effect) on an annual basis to cover Distribution Expenses and Service Expenses. Up to 0.25% may be used to cover Service Expenses. All such expenditures shall be calculated and accrued daily and paid monthly or at such other intervals as the Board of Directors shall determine. CLASS B AND C SHARES The expenditures to be made by each Fund pursuant to this Plan, and the basis upon which such expenditures will be made, shall be determined by each Fund, and in no event shall such expenditures exceed 1.00% of the average daily net asset value of the Class B shares or Class C shares, as applicable, of any Fund (determined in accordance with each Fund's prospectus as from time to time in effect) on an annual basis to cover Distribution Expenses and Service Expenses. Up to 0.25% may be used to cover Service Expenses. All such expenditures shall be calculated and accrued daily and paid monthly or at such other intervals as the Board of Directors shall determine. ARTICLE IV. EXPENSES BORNE BY THE FUNDS Notwithstanding any other provision of this Plan, the Company, each Fund and its administrator, may bear the respective expenses to be borne by them under any administrative services agreement, as from time to time in effect under the Company's current prospectus. Except as otherwise contemplated by this Plan, the Company, and each Fund shall not, directly or indirectly, engage in financing any activity which is primarily intended to or should reasonably result in the sale of shares of any Fund. It is recognized that the costs of distributing Fund's shares may exceed the sum of all sales charges collected on sales of Fund shares. In view of this, if and to the extent that any investment management and administration fees paid by a fund might be considered as indirectly financing any activity which is primarily intended to result in the sale of the Fund's shares, the payment by that Fund of such fees hereby is authorized under this Plan. 5 ARTICLE V. APPROVAL BY BOARD OF DIRECTORS, SHAREHOLDERS This Plan shall not take effect with respect to a Fund until: (a) it has been approved by the vote of the majority of the outstanding voting Class A, B or C shares of a Fund as applicable; and (b) it has been approved, together with any related agreements, by votes cast in person at a meeting called for the purpose of voting on this Plan and any such related agreements, of a majority of both (i) the Directors of the Company and (ii) those directors who are not "interested persons" of the Company and have no direct or indirect financial interest in the operation of this Plan or any agreements related to it (the "Independent Directors"). ARTICLE VI. CONTINUANCE This Plan and any related agreement shall continue in effect with respect to each Fund from year to year provided such continuance is specifically approved at least annually in the manner provided for in Article V. ARTICLE VII. INFORMATION The Distributor shall provide the Board of Directors and the Board of Directors, and, in particular, the Independent Directors, shall review, in the exercise of their fiduciary duties, at least quarterly, a written report of the amounts expended with respect to the Class A, B and C shares of each Fund by the Distributor under this Plan and the Principal Underwriting Agreement and the purposes for which such expenditures were made. ARTICLE VIII. TERMINATION This Plan may be terminated with respect to any Fund (a) at any time by vote of a majority of the Independent Directors, or a majority of the applicable Fund's outstanding voting Class A, B or C shares, as applicable, or (b) by the Distributor on 60 days' notice in writing to the applicable Fund(s). Termination or discontinuance of the Plan with respect to one Fund shall not affect the continued effectiveness of this Plan with respect to the shares of any other Fund. ARTICLE IX. AGREEMENTS Each agreement with any person relating to implementation of this Plan shall be in writing, and each agreement related to this Plan shall provide: (a) That, with respect to each Fund, such agreement may be terminated at any time, without payment of any penalty, by vote of a majority of the Independent Directors or by vote of a majority of the Fund's then outstanding voting Class A, B or C shares, as applicable. (b) That such agreement shall terminate automatically in the event of its assignment. 6 ARTICLE X. AMENDMENTS This Plan may not be amended to increase materially the maximum amount of the fees payable by any Fund hereunder without the approval of a majority of the outstanding voting Class A, B or C shares, as applicable, of the applicable Fund. No material amendment to the Plan shall, in any event, be effective unless it is approved by the Board of Directors in the same manner as is provided for in Article V. ARTICLE XI. PRESERVATION OF DOCUMENTS The Company shall preserve copies of this Plan (including any amendments thereto) and any related agreements and all reports made to the Board for a period of not less than six years from the date of this Plan, the first two years in an easily accessible place. ARTICLE XII. LIMITATION OF LIABILITY No Fund of the Company shall be responsible for the obligations of any other Fund of the Company. ARTICLE XIII. SELECTION OF DIRECTORS While this Plan is in effect, the selection and nomination of Directors who are not interested persons of the Company shall be committed to the discretion of the Board of Directors who are not interested persons of the Company. ARTICLE XIV. DEFINED TERMS As used in this Plan, the terms "majority of the outstanding voting shares" shall have the same meaning as the phrase "majority of the outstanding voting securities" has in the Act, and the phrases "interested person" and "assignment" shall have the same meaning as those phrases have in the Act. May 19, 2004