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SECURE-ing Insurance Company Separate Account Assets for ETFs

On 29 December 2022, President Biden signed into law the SECURE Act 2.0 (SECURE 2.0) as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the 2019 passage of the Setting Every Community Up for...more

FINRA Considers Limiting Self-Directed Investors' Ability to Invest in Certain Exchange-Traded Funds, Mutual Funds and Closed-End...

On 8 March 2022, the Financial Industry Regulatory Authority, Inc. (FINRA) issued Notice to Members No. 22-08 (NtM 22-08) to “remind members of their sales practice obligations” for complex products and options and to...more

Unintended Consequences of Wyden's Proposal to Change Tax Treatment for Mutual Funds and ETFs

On 10 September 2021, Senate Finance Committee Chairman Ron Wyden of Oregon released a discussion draft proposing changes to partnership taxation, and to the taxation of regulated investment companies including mutual funds...more

The New Fund of Funds Rule and ETFs—(Missed) Opportunities

The SEC recently adopted Rule 12d1-4 (Rule 12d1-4 or Rule) under the Investment Company Act of 1940 (1940 Act) to streamline the regulatory framework applicable to registered funds that invest in other funds (funds of funds)....more

Exchange-Traded Funds (ETFs): 2019 Washington D.C. Investment Management Conference

OVERVIEW - - Industry Background - ETF Mechanics - New ETF Rule and Implications - Periodically Disclosed ETFs ...more

Registered Fund Developments: 2019 Washington D.C. Investment Management Conference

OVERVIEW OF THE ETF RULE - - On September 25, 2019, the SEC approved Rule 6c-11 under the 1940 Act (the “ETF Rule”) and related amendments to Form N-1A - The ETF Rule will rescind previously-issued exemptive orders of...more

Organizing an Investment Company, Registering Its Shares and Maintaining a Continuous Offering, and Complying with the Tax Code:...

ORGANIZING A REGISTERED FUND - Time and Responsibility Schedule - - Decide form and content early - Allow appropriate review time - Reviewers include: - Internal Personnel - Portfolio Managers - Legal/Compliance -...more

SEC Adopts Long Awaited ETF Rule to Modernize ETF Regulation

SEC ADOPTS LONG AWAITED ETF RULE TO MODERNIZE ETF REGULATION - On September 25, 2019, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) approved Rule 6c-11 under the Investment Company Act of 1940, as...more

Precidian and ActiveShares ETFs: The Dawn of a New Era for Active Management

On Monday, April 8, 2019, the U.S. Securities and Exchange Commission (“Commission” or “SEC”) signaled the dawn of a new era for traditional active management and exchange-traded fund (“ETF”) regulation by noticing its intent...more

“Covered Investment Fund” Research Begins January 14, 2019

The Securities and Exchange Commission (“SEC”) has traditionally recognized the value of market and issuer research to the investment decision-making process....more

The FAIR Act: Providing a Safe Harbor for ETF Research Reports

Investor demand for transparent, diversified, low-cost, passive investment products has accelerated over the last decade, and exchange-traded funds (“ETFs”) have been among the primary beneficiaries of this demand. Assets...more

At the End of the Rainbow: A Custom Basket?

For several years now, the Securities and Exchange Commission (“SEC”) has placed strict limitations on the composition of exchange-traded fund (“ETF”) creation and redemption “baskets.” Creation and redemption baskets are,...more

Exchanges Adopt Generic Listing Standards for Actively Managed ETFs

Introduction - Earlier this year, the Securities and Exchange Commission (“SEC”) approved new rules proposed by Bats BZX Exchange, Inc. (“Bats”) and NYSE Arca, Inc. (“Arca”) that establish generic listing standards (“Active...more

SEC Issues Preliminary Denial Notices for Two Nontransparent Actively Managed ETF Applications

In 2008, the Securities and Exchange Commission (“SEC” or “Commission”) approved the first actively managed exchange-traded funds (“ETFs”). The exemptive orders for those ETFs—and all active ETF exemptive orders since—have...more

SEC Lifts Moratorium on Actively Managed ETFs’ Use of Derivatives; Moratorium Continues for Leveraged ETFs

As announced by Norm Champ, the Director of the Division of Investment Management of the Securities and Exchange Commission (“SEC”), in a speech on December 6, 2012, and followed by a no-action letter of the same date, the...more

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