Skip to Main Content
Our Commitment to Diversity
Date: 17 March 2022
K&L Gates and Edgar Agents
By: Stacy L. Fuller, Peter J. Shea, Richard F. Kerr, Mark C. Amorosi, Clifford J. Alexander, Mark P. Goshko, Franklin H. Na, Keri E. Riemer, Robert J. Zutz, Jacob M. Derr, Nicholas O. Ersoy, Christine Mikhael, Donela M. Qirjazi, Jannay D. Johnson, Derek N. Steingarten, Christopher M. Dailey, Andrew J. DeLorme, Cole E. Wilhelmi, Trayne S. Wheeler

ETF Handbook Third Edition Cover

Exchange-traded funds (ETFs) have become increasingly popular with investors, resulting in a growing number of traditional fund sponsors and entrepreneurs exploring entry into the ETF market. Entering and operating in the ETF market, however, requires an understanding of the unique regulatory requirements applicable to ETFs. 

In order to assist clients and other ETF industry participants to understand such requirements, we have teamed with EdgarAgents to produce the ETF Handbook, Third Edition. The handbook provides easy access to key ETF regulatory documents, including:

  • Rule 6c-11 (the “ETF Rule”) under the Investment Company Act of 1940, as amended (the “1940 Act”) and extracts from the ETF Rule’s adopting release; 
  • Form N-1A, the registration statement form used by most ETFs, highlighting the disclosure requirements unique to ETFs;
  • Exemptive orders issued by the U.S. Securities and Exchange Commission to permit non-transparent actively managed ETFs to operate 
  • The exemptive order issued by the SEC from the Securities and Exchange Act of 1934 to permit ETFs generally to trade on securities exchanges in the same manner as traditional issuers; 
  • The generic listing standards adopted by the national securities exchanges to permit ETFs, which either rely on the ETF Rule or a non-transparent active ETF exemptive order, to list their shares for trading; and
  • Certain guidance from the Financial Industry Regulatory Authority applicable to ETF marketing materials.

Click here to access a free copy of ETF Handbook, Third Edition!

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

Return to top of page

Email Disclaimer

We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.

Accept Cancel