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ARTICLE · 10 DECEMBER 2019

A Summary: Changes To Exemptive Relief And Disclosure Requirements Under The New ETF Rule

A&O Shearman
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Rule 6c-11 rescinds, one year after its effective date, portions of certain ETF exemptive orders that granted relief related to ETF formation and operation.

United StatesCorporate/Commercial Law

On September 26, 2019, the Securities and Exchange Commission (the SEC) adopted a final rule under the Investment Company Act of 1940 (the "Investment Company Act") that will enable most exchange-traded funds ("ETFs") to operate without an exemptive order, subject to various conditions ("Rule 6c-11").1 Among other things, Rule 6c-11 will rescind certain exemptive orders that it issued previously to ETFs and ETF sponsors, replace those orders with a standard ETF framework and establish new disclosure requirements for ETFs that rely on the rule.

Here, we summarize the highlights of Rule 6c-11 and also summarize the new disclosure requirements that will apply to ETFs.2

On October 24, 2019, the Federal Register published Rule 6c-11, which will become effective December 23, 2019. The compliance date for the amendments to Form N-1A is December 22, 2020, one year following the effective date.

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