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ETF Prime: SEC’s Brian Daly on the Path for Novel ETFs

Novel ETFs are headed toward a clearer review process, according to Brian Daly, who directs the Division of Investment Management at the Securities and Exchange Commission (SEC).Key Takeaways: Daly says the SEC is reasonably close to a proposal for reviewing novel ETFs after industry feedback. About 85 comment letters stressed a predictable process, staff time, and neutrality toward asset types. xETFs’ Johnny Wu favors AI bottleneck stocks over the largest hyperscalers for exposure to the build-out. Daly joined ETF Prime host Nate Geraci to discuss the agency’s request for comment on the prediction market and crypto ETFs. Geraci also spoke with Johnny Wu, founder and CEO of xETFs, and Paul Baiocchi of SS&C ALPS Advisors. Speaking in his personal capacity, Daly credited the 2019 ETF rule for much of the industry’s growth. ETFs grew from around 2,000 to just under 6,000, and about 125 now become effective each month. Copycat filings often appear within hours of a new idea hitting the SEC’s public database, Daly said. In the “ETF Terrordome,” as Geraci calls it, the first fund to gather assets wins, and “there is no second place.” The request for comment aimed to build an orderly process that still leaves room for talks with sponsors. See more: Novel ETFs: New Strategies Push BoundariesIndustry Feedback Shapes SEC’s Next MoveThe industry sent about 85 letters and inbound conversations, Daly said. Two-thirds had a lot of detail, and one-third came from fund sponsors. “Everyone hated the term ‘novel ETF,’” while sponsors backed a transparent, predictable process, he added. Commenters also worried that the “spaghetti cannon” of rapid-fire fund launches takes staff time from complex products, a concern Daly said the agency shares. They also want the SEC to remain neutral toward different asset types. According to Daly, the staff is reasonably close to a proposal for the commission. Wu, a former Barclays structured products executive, launched xETFs in May. His xETFs AI Bottlenecks ETF (NECK) holds about 20 stocks tied to AI supply constraints. Wu likened the AI build-out to the internet boom, when nine of the 10 biggest companies trailed the S&P 500 over 25 years. Wu’s xETFs Nvidia Daily Income ETF (NYYY) and xETFs Tesla Daily Income ETF (TYYY) sell one-day call options on up to 25% of each portfolio. The funds close those options before the market closes and pay distributions weekly. Baiocchi said inflation remains a concern, and that many investors are underexposed to commodities and real assets. He also highlighted the long-term electrification of the economy.For more ETF Prime podcast episodes, visit our ETF Prime Channel.

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