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Converting Traditional Open-End Funds into ETFs

The Securities and Exchange Commission (the “SEC”) recently published a notice relating to an application for exemptive relief filed by Precidian ETFs Trust (“Precidian”) that would permit an actively managed exchange-traded fund (“ETF”) to operate without being subject to the current daily portfolio transparency condition included in past active ETF orders. We anticipate that this structure may be attractive to many active managers who may seek to offer their strategies as ETFs, including potentially through the conversion of an existing open-end fund into an ETF.

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2016 ICI Mutual Funds and Investment Management Conference


Time to Read: 1 minutes Practices: Investment Management

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Ropes & Gray’s memorandum summarizing the 2016 ICI Mutual Funds and Investment Management Conference sponsored by the ICI and the FBA is available above. The Conference included sessions that discussed the following regulatory developments, among others:

  • Near-term initiatives of the U.S. Securities and Exchange Commission (“SEC”) that include proposals relating to transfer agency registration and reporting requirements, safeguarding of funds and securities, and cybersecurity and information technology.
  • The SEC’s examination and enforcement efforts resulting from its enhanced data collection and analytical capabilities.
  • The implications and preparations needed for: proposed Rule 18f-4 under the 1940 Act regarding the use of derivatives by registered funds; proposed Rule 22e-4 requiring open-end funds to implement a liquidity risk management program and comply with related disclosure and reporting requirements; and the IM Guidance Update regarding mutual fund distribution and sub-accounting fees.
  • The pending re-proposed rule from the Department of Labor under which many additional persons would be deemed to be fiduciaries and would require fiduciaries to act “solely in the interest” of a plan, plan fiduciary, plan participant or beneficiary.

If you would like to discuss a specific session, or any other aspect of the conference, please contact any of the lawyers listed on the back cover of the memorandum or the Ropes & Gray lawyer with whom you regularly work.

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