POS EX 1 kmfposami79.htm KMF POS EX KMF POS AMI 79

Filed with the U.S. Securities and Exchange Commission on May 10, 2023
1933 Act Registration File No. 333-78275
1940 Act File No. 811-09303

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549

FORM N 1A
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
Pre-Effective Amendment No.
Post-Effective Amendment No. 79

and/or

REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
Amendment No. 80
(Check appropriate box or boxes.)

KINETICS MUTUAL FUNDS, INC.
(Exact Name of Registrant as Specified in Charter)
470 Park Avenue South New York, NY 10016
(Address and Zip Code of Principal Executive Offices)
1-800-930-3828
Registrant’s Telephone Number, including Area Code

Jay Kesslen
470 Park Avenue South New York, NY 10016
(Name and Address of Agent for Service) With a copy to:
Michael P. Malloy, Esq.
Faegre Drinker Biddle & Reath LLP One Logan Square
18th and Cherry Streets Philadelphia, PA 19103-6996

This post-effective amendment will become effective immediately pursuant to Rule 462(d).

EXPLANATORY NOTE

This Post-Effective Amendment No. 79 to the Registration Statement on Form N-1A (File No. 333-78275) of Kinetics Mutual Funds, Inc. (the “Registration Statement”) is being filed pursuant to Rule 462(d) under the Securities Act of 1933, as amended (the “Securities Act”), solely for the purpose of filing exhibits to the Registration Statement. Accordingly, this Post-Effective Amendment No. 79 consists only of a facing page, this explanatory note, Part C of the Registration Statement, and exhibits (j)(1) and (n), filed pursuant to Item 28 of the Registration Statement. This Post-Effective Amendment No. 79 does not modify any other part of the Registration Statement. Pursuant to Rule 462(d) under the Securities Act, this Post-Effective Amendment No. 79 shall become effective immediately upon filing with the Securities and Exchange Commission (the “SEC”). Parts A and B of the Registration Statement, which were filed on April 28, 2023, are hereby incorporated by reference.



KINETICS MUTUAL FUNDS, INC.
PART C
OTHER INFORMATION

ITEM 28.    EXHIBITS

(a)
Articles of Incorporation
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
(c)
(d)
Investment Advisory Agreements.
(1)
(1)(i)
(2)


(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(e)
Underwriting Contracts
(1)
(1)(i)
(1)(ii)


(2)
(2)(i)
(2)(ii)
(f)
Bonus or Profit Sharing Contracts. Not applicable.
(g)
Custodian Agreements
(1)
(1)(i)
(1)(ii)
(h)
Other Material Contracts
(1)
(1)(i)
(1)(ii)
(1)(iii)
(2)
(2)(i)
(2)(ii)


(2)(iii)
(3)
(3)(i)
(3)(ii)
(3)(iii)
(4)
(4)(i)
(4)(ii)
(5)
(5)(i)
(5)(ii)
(5)(iii)


(6)
(7)
(i)
Legal Opinions.
(1)
(2)
(3)
(4)
(5)
(j)
Other Opinions.
(1)
(2)
(k)
Omitted Financial Statements. Not applicable.
(l)
(m)
Rule 12b-1 Plans.
(1)
(1)(i)
(1)(ii)
(2)
(2)(i)
(2)(ii)
(n)
(o)
Reserved.
(p)
Code of Ethics.



ITEM 29.    PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH REGISTRANT
    Registrant is controlled by its Board of Directors.

ITEM 30.    INDEMNIFICATION
    Reference is made to the Ninth paragraph of Registrant’s Articles of Amendment and Restatement, Article VIII of Registrant’s Amended and Restated By-Laws, and Paragraph 10(a) of the Distribution Agreement between Registrant and Kinetics Funds Distributor, LLC. With respect to the Registrant, the general effect of these provisions is to indemnify any person (trustee, director, officer, employee or agent, among others) who was or is a party to any proceeding by reason of their actions performed in their official or duly authorized capacity on behalf of the Company. With respect to Kinetics Funds Distributor, LLC, the general effect of the relevant provisions is to indemnify those entities for claims arising out of any untrue statement or material fact contained in the Funds’ Registration Statement, reports to shareholders or advertising and sales literature.

    Insofar as indemnification for liability arising under the Securities Act of 1933 may be permitted to directors, officers and controlling persons of the Registrant, the Registrant has been advised that, in the opinion of the Securities and Exchange Commission, such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred or paid by a director, officer or controlling person of the Registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue.

ITEM 31.    BUSINESS AND OTHER CONNECTIONS OF INVESTMENT ADVISER:
    Horizon Kinetics Asset Management LLC is an investment adviser registered under the Investment Advisers Act of 1940, as amended. Information regarding the business, vocation or employment of a substantial nature of the Adviser and its officers is incorporated by reference to the information contained in Statement of Additional Information of this Registration Statement.



ITEM 32.    PRINCIPAL UNDERWRITERS:

(a) As of the date of this filing, Kinetics Funds Distributor, LLC (“KFD”), Distributor for shares of the Registrant, also serves as the private placement agent for Kinetics Portfolios Trust.

(b) To the best of Registrant’s knowledge, the directors and executive officers of KFD are as follows:

Name and Principal
Business Address		Position and Offices with Kinetics Funds Distributor, LLCPositions and Offices with Registrant
Jay Kesslen
470 Park Avenue South
New York, New York 10016		General Counsel, SVP, AML OfficerVice President, Assistant Secretary and AML Officer
Francine Pollack
470 Park Avenue South
New York, New York 10016		Chief Compliance Officer and Designated PrincipalN/A
Leonid Polyakov
470 Park Avenue South
New York, New York 10016		DirectorTrustee, Treasurer

(c) None.

ITEM 33.    LOCATION OF ACCOUNTS AND RECORDS:
All accounts and records required to be maintained by Section 31(a) of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and Rules 31a‑1 through 31a-3 promulgated thereunder are maintained at the following locations:

Records Relating to:
Are located at:
Registrant’s fund accountant, administrator and transfer agent
U.S. Bancorp Fund Services, LLC
615 East Michigan Street
Milwaukee, WI 53202
Registrant’s investment adviser
Horizon Kinetics Asset Management LLC
470 Park Avenue South
New York, NY 10016
Registrant’s custodian
U.S. Bank N.A.
1555 N. RiverCenter Drive, Suite 302
Milwaukee, WI 53212

ITEM 34.    MANAGEMENT SERVICES:
    Not applicable.

ITEM 35.    UNDERTAKINGS:
    Not applicable.


SIGNATURES

Pursuant to the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the Investment Company Act, the Registrant, Kinetics Mutual Funds, Inc. has duly caused this Post-Effective Amendment No. 79 to its Registration Statement to be signed below on its behalf by the undersigned, duly authorized, in the City of New York and State of New York, on the 10th day of May, 2023.

KINETICS MUTUAL FUNDS, INC.

/s/ Peter B. Doyle*    
Peter B. Doyle, President

Pursuant to the requirements of the Securities Act, this Post-Effective Amendment No. 79 to its Registration Statement has been signed below by the following persons in the capacities and on the dates indicated.
NAMETITLEDATE
Peter B. Doyle* Director, President,May 10, 2023
Peter B. DoyleChairman of the Board
Douglas Cohen* DirectorMay 10, 2023
Douglas Cohen
William J. Graham* DirectorMay 10, 2023
William J. Graham
Steven T. Russell* DirectorMay 10, 2023
Steven T. Russell
Murray Stahl* Director and SecretaryMay 10, 2023
Murray Stahl
Joseph E. Breslin* DirectorMay 10, 2023
Joseph E. Breslin
James Breen* DirectorMay 10, 2023
James M. Breen
Leonid Polyakov* Director and TreasurerMay 10, 2023
Leonid Polyakov
*By: /s/ Jay Kesslen
Attorney-In-Fact pursuant to the Power of Attorney.



Resolution of the Board of Directors of Kinetics Mutual Funds, Inc. (the “Company”)

RESOLVED, that the officers of the Company who may be required to execute any amendments to the Company’s Registration Statement be, and each hereby is, authorized to execute a power of attorney appointing Jay Kesslen, their true and lawful attorney, to execute in their name, place and stead, in their capacity as Director or officer of the Company, any and all amendments to the Company’s Registration Statements, and all instruments necessary or incidental in connection therewith, and to file the same with the Securities and Exchange Commission; and said attorney shall have the power to act thereunder and shall have full power of substitution and resubstitution; and to do and perform in their name and on their behalf, in any and all capacities, every act whatsoever requisite or necessary to be done in the premises, as fully and to all intents and purposes as they might or could do in person, said acts of said attorney, being hereby ratified and approved.

The foregoing is certified as the true and correct resolution of the Board of Directors of the Company, duly adopted on March 6, 2020 and reapproved on March 10, 2023.



/s/ Jay Kesslen_______
Jay Kesslen
Assistant Secretary and Vice President of the Company

Dated: March 10, 2023



Exhibit Index
Exhibit No.
Description
(j)(1)
(n)