07/12/2024 | Press release | Distributed by Public on 07/12/2024 08:09
As filed with the Securities and Exchange Commission on July 12, 2024
Securities Act Registration No. 333-234544
Investment Company Act Registration No. 811-23439
UNITED STATES |
SECURITIES AND EXCHANGE COMMISSION |
Washington, D.C. 20549 |
FORM N-1A |
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 | ☒ |
Pre-Effective Amendment No ____ | ☐ | |
Post-Effective Amendment No. 147 | ☒ | |
and/or |
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 | ☒ |
|
Amendment No. 149 | ☒ |
ETF OPPORTUNITIES TRUST |
(Exact Name of Registrant as Specified in Charter) |
Karen Shupe Commonwealth Fund Services, Inc. 8730 Stony Point Parkway, Suite 205 Richmond, VA 23235 (804) 267-7400 |
(Address and Telephone Number of Principal Executive Offices) |
The Corporation Trust Co. |
Corporation Trust Center 1209 Orange St. Wilmington, DE 19801 |
(Name and Address of Agent for Service) |
With Copy to: |
John H. Lively |
Practus, LLP |
11300 Tomahawk Creek Parkway, Suite 310 |
Leawood, KS 66211 |
It is proposed that this filing will become effective:
☐ | immediately upon filing pursuant to paragraph (b) | |
☒ | on August 9, 2024 pursuant to paragraph (b) | |
☐ | 60 days after filing pursuant to paragraph (a)(1) | |
☐ | on (date) pursuant to paragraph (a)(1) | |
☐ | 75 days after filing pursuant to paragraph (a)(2) | |
☐ | on (date) pursuant to paragraph (a)(2) of Rule 485. |
If appropriate, check the following box:
☒ | This post-effective amendment designates a new effective date for a previously filed post-effective amendment. |
This filing relates solely to the following fund, a series of ETF Opportunities Trust: Tuttle Capital 2X DBMF ETF
This Post-Effective Amendment to the Registration Statement on Form N-1A is filed pursuant to Rule 485(b)(1)(iii) for the sole purpose of designating August 9, 2024 as the new effective date for Post-Effective Amendment No. 41 to the Registration Statement filed on January 31, 2023 for the Tuttle Capital 2X DBMF ETF. This Post-Effective Amendment incorporates by reference the Prospectus and Statement of Additional Information contained in Post-Effective Amendment No. 41 to the Registration Statement.
OTHER INFORMATION
Item 28. Exhibits
(d)(33) | Advisory agreement between the Registrant and Tuttle Capital Management, LLC on behalf of the Tuttle Capital Congressional Trading ETF (To be Filed by Amendment). | |
(d)(34) |
Advisory Agreement between the Registrant and Tuttle Capital Management, LLC on behalf of the T-REX 2X LONG AMC DAILY TARGET ETF, T-REX 2X INVERSE AMC DAILY TARGET ETF, T-REX 2X LONG GME DAILY TARGET ETF, T-REX 2X INVERSE GME DAILY TARGET ETF, T-REX 2X LONG HOOD DAILY TARGET ETF, T-REX 2X INVERSE HOOD DAILY TARGET ETF, T-REX 2X LONG SMCI DAILY TARGET ETF, T-REX 2X INVERSE SMCI DAILY TARGET ETF, T-REX 2X LONG DJT DAILY TARGET ETF, T-REX 2X INVERSE DJT DAILY TARGET ETF, T-REX 2X LONG MARA DAILY TARGET ETF, T-REX 2X INVERSE MARA DAILY TARGET ETF, T-REX 2X LONG RBLX DAILY TARGET ETF, T-REX 2X INVERSE RBLX DAILY TARGET ETF, T-REX 2X LONG PLTR DAILY TARGET ETF, T-REX 2X INVERSE PLTR DAILY TARGET ETF, T-REX 2X LONG VKTX DAILY TARGET ETF, T-REX 2X INVERSE VKTX DAILY TARGET ETF, T-REX 2X LONG ARM DAILY TARGET ETF, T-REX 2X INVERSE ARM DAILY TARGET ETF, T-REX 2X LONG SHOP DAILY TARGET ETF, T-REX 2X INVERSE SHOP DAILY TARGET ETF, T-REX 2X LONG AMD DAILY TARGET ETF, T-REX 2X INVERSE AMD DAILY TARGET ETF, T-REX 2X LONG NFLX DAILY TARGET ETF, T-REX 2X INVERSE NFLX DAILY TARGET ETF, T-REX 2X LONG BA DAILY TARGET ETF, T-REX 2X INVERSE BA DAILY TARGET ETF, T-REX 2X LONG SNOW DAILY TARGET ETF, T-REX 2X INVERSE SNOW DAILY TARGET ETF, T-REX 2X LONG AVGO DAILY TARGET ETF, T-REX 2X INVERSE AVGO DAILY TARGET ETF, T-REX 2X LONG PANW DAILY TARGET ETF, T-REX 2X INVERSE PANW DAILY TARGET ETF, T-REX 2X LONG TSM DAILY TARGET ETF, T-REX 2X INVERSE TSM DAILY TARGET ETF, T-REX 2X LONG SQ DAILY TARGET ETF, T-REX 2X INVERSE SQ DAILY TARGET ETF, T-REX 2X LONG TRLY DAILY TARGET ETF, T-REX 2X INVERSE TRLY DAILY TARGET ETF, T-REX 2X LONG AI DAILY TARGET ETF, T-REX 2X INVERSE AI DAILY TARGET ETF, T-REX 2X LONG COIN DAILY TARGET ETF, and T-REX 2X INVERSE COIN DAILY TARGET ETF, T-REX 2X LONG MSTR DAILY TARGET ETF AND T-REX 2X INVERSE MSTR DAILY TARGET ETF (the "T-Rex 2X Hedge ETFs") (To be Filed by Amendment). |
|
(e)(1) | Distribution Agreement between the Registrant and Foreside Fund Services, LLC on behalf of the American Conservative Values ETF and American Conservative Values Small-Cap ETF is herein incorporated by reference from the Registrant's Post-Effective Amendment No. 8 on Form N-1A filed on April 16, 2021. | |
(e)(2) | First Amendment to the ETF Distribution Agreement between the Registrant and Foreside Fund Services, LLC on behalf of the American Conservative Values ETF, the American Conservative Values Small-Cap ETF and the Real Asset Strategies ETF is herein incorporated by reference from the Registrant's Post-Effective Amendment No. 8 on Form N-1A filed on April 16, 2021. | |
(e)(3) | Third Amendment to the Distribution Agreement between the Registrant and Foreside Fund Services, LLC on behalf of the Funds in the Trust is herein incorporated by reference from the Registrant's Post-Effective No. 19 on Form N-1A filed on October 12, 2021. | |
(e)(4) | ETF Distribution Agreement between Registrant and Foreside Fund Services, LLC on behalf of the Funds in the Trust is herein incorporated by reference from Registrant's Post-Effective No 30 on Form N-1A filed on September 1, 2022. | |
(e)(5) | Fourth Amendment to ETF Distribution Agreement between the Registrant and Foreside Fund Services, LLC on behalf of the Kingsbarn Dividend Opportunity ETF (f/k/a Kingsbarn Tactical Inflation ETF) is herein incorporated by reference from the Registrant's Post-Effective No. 44 on Form N-1A filed on March 17, 2023. | |
(e)(6) | Amendment to ETF Distribution Agreement between the Registrant and Foreside Fund Services, LLC on behalf of the Tuttle Capital 2X DBMF ETF, T-Rex 2X Long Tesla Daily Target ETF, T-Rex 2X Inverse Tesla Daily Target ETF, T-Rex 2X Long NVIDIA Daily Target ETF, T-Rex 2X Inverse NVIDIA Daily Target ETF LAFFER|TENGLER Equity Income ETF, the REX ETFs and the REX FANG & Innovation Equity Premium Income ETF is herein incorporated by reference from the Registrant's Post-Effective Amendment No. 64 on Form N-1A filed on July 28, 2023. |
Item 29. Persons Controlled By or Under Common Control With Registrant
Not Applicable. |
Item 30. Indemnification
See Article VIII, Section 2 of the Registrant's Agreement and Declaration of Trust and the section titled "Indemnification of Trustees, Officers, Employees and Other Agents" in the Registrant's By-Laws.
Insofar as indemnification for liabilities arising under the Securities Act of 1933, as amended ("Securities Act"), may be permitted to trustees, officers and controlling persons of the Registrant by the Registrant pursuant to the Declaration of Trust or otherwise, the Registrant is aware that in the opinion of the Securities and Exchange Commission, such indemnification is against public policy as expressed in the Securities Act and, therefore, is unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the Registrant of expenses incurred or paid by trustees, officers or controlling persons of the Registrant in connection with the successful defense of any act, suit or proceeding) is asserted by such trustees, officers or controlling persons in connection with the shares being registered, the Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Securities Act and will be governed by the final adjudication of such issues.
Item 31. Business and other Connections of the Investment Adviser
The description of the Investment Adviser is found under the caption "Management," "The Investment Adviser" in the Prospectus and under the caption "Investment Adviser" in the Statement of Additional Information constituting Parts A and B, respectively, of this Registration Statement, which are incorporated by reference herein. The Investment Adviser may provide investment advisory services to persons or entities other than the Registrant.
Item 32. | Foreside Fund Services, LLC |
Item 32(a) | Foreside Fund Services, LLC (the "Distributor") serves as principal underwriter for the following investment companies registered under the Investment Company Act of 1940, as amended: |
1. | AB Active ETFs, Inc. |
2. | ABS Long/Short Strategies Fund |
3. | Absolute Shares Trust |
4. | ActivePassive Core Bond ETF, Series of Trust for Professional Managers |
5. | ActivePassive Intermediate Municipal Bond ETF, Series of Trust for Professional Managers |
6. | ActivePassive International Equity ETF, Series of Trust for Professional Managers |
7. | ActivePassive U.S. Equity ETF, Series of Trust for Professional Managers |
8. | Adaptive Core ETF, Series of Collaborative Investment Series Trust |
9. | AdvisorShares Trust |
10. | AFA Private Credit Fund |
11. | AGF Investments Trust |
12. | AIM ETF Products Trust |
13. | Alexis Practical Tactical ETF, Series of Listed Funds Trust |
14. | AlphaCentric Prime Meridian Income Fund |
15. | American Century ETF Trust |
16. | Amplify ETF Trust |
17. | Applied Finance Dividend Fund, Series of World Funds Trust |
18. | Applied Finance Explorer Fund, Series of World Funds Trust |
19. | Applied Finance Select Fund, Series of World Funds Trust |
20. | ARK ETF Trust |
21. | ARK Venture Fund |
22. | Bitwise Funds Trust |
23. | Bluestone Community Development Fund |
24. | BondBloxx ETF Trust |
25. | Bramshill Multi-Strategy Income Fund, Series of Investment Managers Series Trust |
26. | Bridgeway Funds, Inc. |
27. | Brinker Capital Destinations Trust |
28. | Brookfield Real Assets Income Fund Inc. |
29. | Build Funds Trust |
30. | Calamos Convertible and High Income Fund |
31. | Calamos Convertible Opportunities and Income Fund |
32. | Calamos Dynamic Convertible and Income Fund |
33. | Calamos ETF Trust |
34. | Calamos Global Dynamic Income Fund |
35. | Calamos Global Total Return Fund |
36. | Calamos Strategic Total Return Fund |
37. | Carlyle Tactical Private Credit Fund |
38. | Cascade Private Capital Fund |
39. | Center Coast Brookfield MLP & Energy Infrastructure Fund |
40. | Clifford Capital Focused Small Cap Value Fund, Series of World Funds Trust |
41. | Clifford Capital International Value Fund, Series of World Funds Trust |
42. | Clifford Capital Partners Fund, Series of World Funds Trust |
43. | Cliffwater Corporate Lending Fund |
44. | Cliffwater Enhanced Lending Fund |
45. | Cohen & Steers Infrastructure Fund, Inc. |
46. | Convergence Long/Short Equity ETF, Series of Trust for Professional Managers |
47. | CornerCap Small-Cap Value Fund, Series of Managed Portfolio Series |
48. | CrossingBridge Pre-Merger SPAC ETF, Series of Trust for Professional Managers |
49. | Curasset Capital Management Core Bond Fund, Series of World Funds Trust |
50. | Curasset Capital Management Limited Term Income Fund, Series of World Funds Trust |
51. | CYBER HORNET S&P 500® and Bitcoin 75/25 Strategy ETF, Series of ONEFUND Trust |
52. | Davis Fundamental ETF Trust |
53. | Defiance Daily Short Digitizing the Economy ETF, Series of ETF Series Solutions |
54. | Defiance Hotel, Airline, and Cruise ETF, Series of ETF Series Solutions |
55. | Defiance Israel Fixed Income ETF, Series of ETF Series Solutions |
56. | Defiance Next Gen Connectivity ETF, Series of ETF Series Solutions |
57. | Defiance Next Gen H2 ETF, Series of ETF Series Solutions |
58. | Defiance Quantum ETF, Series of ETF Series Solutions |
59. | Denali Structured Return Strategy Fund |
60. | Direxion Funds |
61. | Direxion Shares ETF Trust |
62. | Dividend Performers ETF, Series of Listed Funds Trust |
63. | Dodge & Cox Funds |
64. | DoubleLine ETF Trust |
65. | DoubleLine Income Solutions Fund |
66. | DoubleLine Opportunistic Credit Fund |
67. | DoubleLine Yield Opportunities Fund |
68. | DriveWealth ETF Trust |
69. | EIP Investment Trust |
70. | Ellington Income Opportunities Fund |
71. | ETF Opportunities Trust |
72. | Evanston Alternative Opportunities Fund |
73. | Exchange Listed Funds Trust |
74. | FlexShares Trust |
75. | Forum Funds |
76. | Forum Funds II |
77. | Forum Real Estate Income Fund |
78. | Goose Hollow Enhanced Equity ETF, Series of Collaborative Investment Series Trust |
79. | Goose Hollow Multi-Strategy Income ETF, Series of Collaborative Investment Series Trust |
80. | Goose Hollow Tactical Allocation ETF, Series of Collaborative Investment Series Trust |
81. | Grayscale Future of Finance ETF, Series of ETF Series Solutions |
82. | Gramercy Emerging Markets Debt Fund, Series of Investment Managers Series Trust |
83. | Guinness Atkinson Funds |
84. | Harbor ETF Trust |
85. | Horizon Kinetics Blockchain Development ETF, Series of Listed Funds Trust |
86. | Horizon Kinetics Energy and Remediation ETF, Series of Listed Funds Trust |
87. | Horizon Kinetics Inflation Beneficiaries ETF, Series of Listed Funds Trust |
88. | Horizon Kinetics Medical ETF, Series of Listed Funds Trust |
89. | Horizon Kinetics SPAC Active ETF, Series of Listed Funds Trust |
90. | IDX Funds |
91. | Innovator ETFs Trust |
92. | Ironwood Institutional Multi-Strategy Fund LLC |
93. | Ironwood Multi-Strategy Fund LLC |
94. | John Hancock Exchange-Traded Fund Trust |
95. | LDR Real Estate Value-Opportunity Fund, Series of World Funds Trust |
96. | Mairs & Power Balanced Fund, Series of Trust for Professional Managers |
97. | Mairs & Power Growth Fund, Series of Trust for Professional Managers |
98. | Mairs & Power Minnesota Municipal Bond ETF, Series of Trust for Professional Managers |
99. | Mairs & Power Small Cap Fund, Series of Trust for Professional Managers |
100. | Manor Investment Funds |
101. | Milliman Variable Insurance Trust |
102. | Mindful Conservative ETF, Series of Collaborative Investment Series Trust |
103. | Moerus Worldwide Value Fund, Series of Northern Lights Fund Trust IV |
104. | Mohr Growth ETF, Series of Collaborative Investment Series Trust |
105. | Mohr Industry Nav ETF, Series of Collaborative Investment Series Trust |
106. | Mohr Sector Nav ETF, Series of Collaborative Investment Series Trust |
107. | Morgan Stanley ETF Trust |
108. | Morningstar Funds Trust |
109. | Mutual of America Investment Corporation |
110. | NEOS ETF Trust |
111. | Niagara Income Opportunities Fund |
112. | North Square Investments Trust |
113. | OTG Latin American Fund, Series of World Funds Trust |
114. | Overlay Shares Core Bond ETF, Series of Listed Funds Trust |
115. | Overlay Shares Foreign Equity ETF, Series of Listed Funds Trust |
116. | Overlay Shares Hedged Large Cap Equity ETF, Series of Listed Funds Trust |
117. | Overlay Shares Large Cap Equity ETF, Series of Listed Funds Trust |
118. | Overlay Shares Municipal Bond ETF, Series of Listed Funds Trust |
119. | Overlay Shares Short Term Bond ETF, Series of Listed Funds Trust |
120. | Overlay Shares Small Cap Equity ETF, Series of Listed Funds Trust |
121. | Palmer Square Opportunistic Income Fund |
122. | Partners Group Private Income Opportunities, LLC |
123. | Performance Trust Mutual Funds, Series of Trust for Professional Managers |
124. | Performance Trust Short Term Bond ETF, Series of Trust for Professional Managers |
125. | Perkins Discovery Fund, Series of World Funds Trust |
126. | Philotimo Focused Growth and Income Fund, Series of World Funds Trust |
127. | Plan Investment Fund, Inc. |
128. | PMC Core Fixed Income Fund, Series of Trust for Professional Managers |
129. | PMC Diversified Equity Fund, Series of Trust for Professional Managers |
130. | Point Bridge America First ETF, Series of ETF Series Solutions |
131. | Preferred-Plus ETF, Series of Listed Funds Trust |
132. | Putnam ETF Trust |
133. | Rareview Dynamic Fixed Income ETF, Series of Collaborative Investment Series Trust |
134. | Rareview Systematic Equity ETF, Series of Collaborative Investment Series Trust |
135. | Rareview Tax Advantaged Income ETF, Series of Collaborative Investment Series Trust |
136. | Renaissance Capital Greenwich Funds |
137. | Reynolds Funds, Inc. |
138. | RiverNorth Enhanced Pre-Merger SPAC ETF, Series of Listed Funds Trust |
139. | RiverNorth Patriot ETF, Series of Listed Funds Trust |
140. | RMB Investors Trust |
141. | Robinson Opportunistic Income Fund, Series of Investment Managers Series Trust |
142. | Robinson Tax Advantaged Income Fund, Series of Investment Managers Series Trust |
143. | Roundhill Alerian LNG ETF, Series of Listed Funds Trust |
144. | Roundhill Ball Metaverse ETF, Series of Listed Funds Trust |
145. | Roundhill Cannabis ETF, Series of Listed Funds Trust |
146. | Roundhill ETF Trust |
147. | Roundhill Magnificent Seven ETF, Series of Listed Funds Trust |
148. | Roundhill S&P Global Luxury ETF, Series of Listed Funds Trust |
149. | Roundhill Sports Betting & iGaming ETF, Series of Listed Funds Trust |
150. | Roundhill Video Games ETF, Series of Listed Funds Trust |
151. | Rule One Fund, Series of World Funds Trust |
152. | Securian AM Real Asset Income Fund, Series of Investment Managers Series Trust |
153. | Six Circles Trust |
154. | Sound Shore Fund, Inc. |
155. | SP Funds Trust |
156. | Sparrow Funds |
157. | Spear Alpha ETF, Series of Listed Funds Trust |
158. | STF Tactical Growth & Income ETF, Series of Listed Funds Trust |
159. | STF Tactical Growth ETF, Series of Listed Funds Trust |
160. | Strategic Trust |
161. | Strategy Shares |
162. | Swan Hedged Equity US Large Cap ETF, Series of Listed Funds Trust |
163. | Syntax ETF Trust |
164. | Tekla World Healthcare Fund |
165. | Tema ETF Trust |
166. | Teucrium Agricultural Strategy No K-1 ETF, Series of Listed Funds Trust |
167. | Teucrium AiLA Long-Short Agriculture Strategy ETF, Series of Listed Funds Trust |
168. | Teucrium AiLA Long-Short Base Metals Strategy ETF, Series of Listed Funds Trust |
169. | The 2023 ETF Series Trust |
170. | The 2023 ETF Series Trust II |
171. | The Community Development Fund |
172. | The Finite Solar Finance Fund |
173. | The Private Shares Fund |
174. | The SPAC and New Issue ETF, Series of Collaborative Investment Series Trust |
175. | Third Avenue Trust |
176. | Third Avenue Variable Series Trust |
177. | Tidal ETF Trust |
178. | Tidal Trust II |
179. | TIFF Investment Program |
180. | Timothy Plan High Dividend Stock Enhanced ETF, Series of The Timothy Plan |
181. | Timothy Plan High Dividend Stock ETF, Series of The Timothy Plan |
182. | Timothy Plan International ETF, Series of The Timothy Plan |
183. | Timothy Plan Market Neutral ETF, Series of The Timothy Plan |
184. | Timothy Plan US Large/Mid Cap Core ETF, Series of The Timothy Plan |
185. | Timothy Plan US Large/Mid Core Enhanced ETF, Series of The Timothy Plan |
186. | Timothy Plan US Small Cap Core ETF, Series of The Timothy Plan |
187. | Total Fund Solution |
188. | Touchstone ETF Trust |
189. | TrueShares Active Yield ETF, Series of Listed Funds Trust |
190. | TrueShares Eagle Global Renewable Energy Income ETF, Series of Listed Funds Trust |
191. | TrueShares Low Volatility Equity Income ETF, Series of Listed Funds Trust |
192. | TrueShares Structured Outcome (April) ETF, Series of Listed Funds Trust |
193. | TrueShares Structured Outcome (August) ETF, Series of Listed Funds Trust |
194. | TrueShares Structured Outcome (December) ETF, Series of Listed Funds Trust |
195. | TrueShares Structured Outcome (February) ETF, Series of Listed Funds Trust |
196. | TrueShares Structured Outcome (January) ETF, Series of Listed Funds Trust |
197. | TrueShares Structured Outcome (July) ETF, Series of Listed Funds Trust |
198. | TrueShares Structured Outcome (June) ETF, Series of Listed Funds Trust |
199. | TrueShares Structured Outcome (March) ETF, Series of Listed Funds Trust |
200. | TrueShares Structured Outcome (May) ETF, Listed Funds Trust |
201. | TrueShares Structured Outcome (November) ETF, Series of Listed Funds Trust |
202. | TrueShares Structured Outcome (October) ETF, Series of Listed Funds Trust |
203. | TrueShares Structured Outcome (September) ETF, Series of Listed Funds Trust |
204. | TrueShares Technology, AI & Deep Learning ETF, Series of Listed Funds Trust |
205. | U.S. Global Investors Funds |
206. | Union Street Partners Value Fund, Series of World Funds Trust |
207. | Vest Bitcoin Strategy Managed Volatility Fund, Series of World Funds Trust |
208. | Vest S&P 500® Dividend Aristocrats Target Income Fund, Series of World Funds Trust |
209. | Vest US Large Cap 10% Buffer Strategies Fund, Series of World Funds Trust |
210. | Vest US Large Cap 10% Buffer Strategies VI Fund, Series of World Funds Trust |
211. | Vest US Large Cap 20% Buffer Strategies Fund, Series of World Funds Trust |
212. | Vest US Large Cap 20% Buffer Strategies VI Fund, Series of World Funds Trust |
213. | VictoryShares Core Intermediate Bond ETF, Series of Victory Portfolios II |
214. | VictoryShares Core Plus Intermediate Bond ETF, Series of Victory Portfolios II |
215. | VictoryShares Corporate Bond ETF, Series of Victory Portfolios II |
216. | VictoryShares Developed Enhanced Volatility Wtd ETF, Series of Victory Portfolios II |
217. | VictoryShares Dividend Accelerator ETF, Series of Victory Portfolios II |
218. | VictoryShares Emerging Markets Value Momentum ETF, Series of Victory Portfolios II |
219. | VictoryShares Free Cash Flow ETF, Series of Victory Portfolios II |
220. | VictoryShares International High Div Volatility Wtd ETF, Series of Victory Portfolios II |
221. | VictoryShares International Value Momentum ETF, Series of Victory Portfolios II |
222. | VictoryShares International Volatility Wtd ETF, Series of Victory Portfolios II |
223. | VictoryShares NASDAQ Next 50 ETF, Series of Victory Portfolios II |
224. | VictoryShares Short-Term Bond ETF, Series of Victory Portfolios II |
225. | VictoryShares THB Mid Cap ESG ETF, Series of Victory Portfolios II |
226. | VictoryShares US 500 Enhanced Volatility Wtd ETF, Series of Victory Portfolios II |
227. | VictoryShares US 500 Volatility Wtd ETF, Series of Victory Portfolios II |
228. | VictoryShares US Discovery Enhanced Volatility Wtd ETF, Series of Victory Portfolios II |
229. | VictoryShares US EQ Income Enhanced Volatility Wtd ETF, Series of Victory Portfolios II |
230. | VictoryShares US Large Cap High Div Volatility Wtd ETF, Series of Victory Portfolios II |
231. | VictoryShares US Multi-Factor Minimum Volatility ETF, Series of Victory Portfolios II |
232. | VictoryShares US Small Cap High Div Volatility Wtd ETF, Series of Victory Portfolios II |
233. | VictoryShares US Small Cap Volatility Wtd ETF, Series of Victory Portfolios II |
234. | VictoryShares US Small Mid Cap Value Momentum ETF, Series of Victory Portfolios II |
235. | VictoryShares US Value Momentum ETF, Series of Victory Portfolios II |
236. | VictoryShares WestEnd US Sector ETF, Series of Victory Portfolios II |
237. | Volatility Shares Trust |
238. | West Loop Realty Fund, Series of Investment Managers Series Trust |
239. | Wilshire Mutual Funds, Inc. |
240. | Wilshire Variable Insurance Trust |
241. | WisdomTree Digital Trust |
242. | WisdomTree Trust |
243. | WST Investment Trust |
244. | XAI Octagon Floating Rate & Alternative Income Term Trust |
Item 32(b) | The following are the Officers and Manager of the Distributor, the Registrant's underwriter. The Distributor's main business address is Three Canal Plaza, Suite 100, Portland, Maine 04101. |
Name | Address | Position with Underwriter |
Position with Registrant |
Teresa Cowan | Three Canal Plaza, Suite 100, Portland, ME 04101 | President/Manager | None |
Chris Lanza Kate Macchia |
Three Canal Plaza, Suite 100, Portland, ME 04101 Three Canal Plaza, Suite 100, Portland, ME 04101 |
Vice President Vice President |
None None |
Nanette K. Chern | Three Canal Plaza, Suite 100, Portland, ME 04101 | Vice President and Chief Compliance Officer | None |
Kelly B. Whetstone Susan L. LaFond |
Three Canal Plaza, Suite 100, Portland, ME 04101 Three Canal Plaza, Suite 100, Portland, ME 04101 |
Secretary Treasurer |
None None |
Weston Sommers | Three Canal Plaza, Suite 100, Portland, ME 04101 | Financial and Operations Principal and Chief Financial Officer | None |
Item 32(c) | Not applicable. |
Item 33. Location of Accounts and Records
The accounts, books or other documents of the Registrant required to be maintained by Section 31(a) of the Investment Company Act of 1940, as amended, and the rules promulgated thereunder are kept in several locations:
a) | Adviser |
Ridgeline Research LLC, 14961 Finegan Farm Drive, Darnestown, Maryland 20874 (records relating to its function as investment adviser to the American Conservative Values ETF and the American Conservative Values Small-Cap ETF). |
b) | Sub-Adviser |
Vident Advisory, LLC (d/b/a Vident Asset Management), 1125 Sanctuary Parkway, Suite 515, Alpharetta, Georgia 30009 (records relating to its function as sub-adviser to the American Conservative Values ETF, the American Conservative Values Small-Cap ETF, the Kingsbarn Tactical Bond ETF, the Kingsbarn Dividend Opportunity ETF (f/k/a Kingsbarn Tactical Inflation ETF), the REX ETFs, the REX FANG & Innovation Equity Premium Income ETF and the REX AI Equity Premium Income ETF). |
c) | Adviser |
Formidable Asset Management, LLC, 221 East fourth Street, Suite 2700, Cincinnati, Ohio 45202 (records relating to its function as investment adviser to the Formidable ETFs). |
d) | Sub-Adviser |
Tidal Investments, LLC, 898 N. Broadway, Suite 2, Massapequa, New York 11758 (records relating to its function as sub-adviser to the Formidable ETFs, the Applied Finance Valuation Large Cap ETF, Alpha Dog ETF, WealthTrust DBS Long Term Growth ETF, Cultivar ETF, IDX Dynamic Innovation ETF, IDX Dynamic Fixed Income ETF and the SMI 3Fourteen Full-Cycle Trend ETF). |
e) | Adviser |
Applied Finance Advisors, LLC, 17806 IH 10, Suite 300, San Antonio, Texas 78257 (records relating to its function as adviser to the Applied Finance Valuation Large Cap ETF). |
f) | Adviser |
Gea Sphere, LLC, 55 Mystery Farm Road, Cranston, Rhode Island, 02921 (records relating to its function as adviser to the Alpha Dog ETF). |
g) | Adviser |
Kingsbarn Capital Management, LLC, 1645 Village Center Circle, Suite 200, Las Vegas, Nevada 89134 (records relating to its function as adviser to the Kingsbarn Tactical Bond ETF and Kingsbarn Dividend Opportunity ETF (f/k/a Kingsbarn Tactical Inflation ETF)). |
h) | Adviser |
WealthTrust Asset Management, LLC, 4458 Legendary Drive, Suite 140, Destin, Florida 32541 (records relating to its function as adviser to the WealthTrust DBS Long Term Growth ETF). |
i) | Adviser |
Cultivar Capital, Inc., 421 E. Hickory Street, Suite 103, Denton, Texas 76201 (records relating to its function as adviser to the Cultivar ETF). |
j) | Adviser |
Tuttle Capital Management LLC, 155 Lockwood Rd., Riverside CT 06878 (records relating to its function as adviser to the Tuttle Capital 2X DBMF ETF, Tuttle Capital 2X All Innovation ETF, Tuttle Capital 2X Inverse All Innovation ETF, T-Rex 2X Inverse NVIDIA Daily Target ETF, T-Rex 2X Inverse Tesla Daily Target ETF, T-Rex 2X Long NVIDIA Daily Target ETF, T-Rex 2X Long Tesla Daily Target ETF, LAFFER|TENGLER Equity Income ETF, Tuttle Capital Daily 2X Inverse Regional Banks ETF, Tuttle Capital Daily 2X Long AI ETF, Tuttle Capital Daily 2X Inverse AI ETF, Brendan Wood TopGun ETF, T-Rex 2X Long Apple Daily Target ETF, T-Rex 2X Inverse Apple Daily Target ETF, T-Rex 2X Long Alphabet Daily Target ETF, T-Rex 2X Inverse Alphabet Daily Target ETF, T-Rex 2X Long Microsoft Daily Target ETF, T-Rex 2X Inverse Microsoft Daily Target ETF, Tuttle Capital Shareholders First Index ETF, Tuttle Capital Congressional Trading ETF, and the T-Rex 2X Hedge ETFs). |
k) | Sub-Adviser |
Laffer Tengler Investments, Inc., 103 Murphy Court, Nashville, TN 37203 (records relating to its function as sub-adviser to the LAFFER|TENGLER Equity Income ETF). |
l) | Adviser |
REX Advisers, LLC, 1241 Post Road, Second Floor, Fairfield, Connecticut 06824 (records relating to its function as adviser to the REX ETFs, REX FANG & Innovation Equity Premium Income ETF and REX AI Equity Premium Income ETF). |
m) | Sub-Adviser |
Brendan Wood TopGun Partnerships Inc., 15 Prince Arthur Avenue, Toronto, Ontario, Canada M5R 1B2 (records relating to its function as sub-adviser to the Brendan Wood TopGun ETF). |
n) | Adviser |
Tapp Finance, Inc., 3700 W. Lawton St., Seattle, Washington 98199 (records relating to its function as adviser to the TappAlpha SPY Growth & Daily Income ETF and the TappAlpha Innovation 100 Growth & Daily Income ETF). |
o) | Sub-Adviser |
Tuttle Capital Management, LLC, 155 Lockwood Rd., Riverside CT 06878 (relating to its function as sub-adviser to the TappAlpha SPY Growth & Daily Income ETF and the TappAlpha Innovation 100 Growth & Daily Income ETF). |
p) | Adviser |
IDX Advisors, LLC, 2201 E. Camelback Road, Suite 605, Phoenix, AZ 85016 (records relating to its function as adviser to the IDX Dynamic Innovation ETF and IDX Dynamic Fixed Income ETF). |
q) | Adviser |
3Fourteen & SMI Advisory Services, LLC, 4400 Ray Blvd., Columbus, Indiana 47203 (records relating to its function as adviser to the SMI 3Fourteen Full-Cycle Trend ETF). |
r) |
Custodian, Transfer Agency |
Citibank, N.A., 390 Greenwich Street, 6th Floor, New York, New York 10013. |
s) | Administrator | Commonwealth Fund Services, Inc., 8730 Stony Point Parkway, Suite 205, Richmond, Virginia 23235. |
t) | Distributor |
Foreside Fund Services, LLC, Three Canal Plaza, Suite 100, Portland, Maine 04101. |
u) | Fund Accountant |
Citi Fund Services Ohio, Inc., located at 4400 Easton Commons, Suite 200, Columbus, Ohio, 43219. |
Item 34. Management Services
Not applicable. |
Item 35. Undertakings
Not applicable. |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended (the "Securities Act"), and the Investment Company Act of 1940, as amended, the Registrant certifies that it meets all of the requirements for effectiveness of this registration statement under Rule 485(b) of the Securities Act and has duly caused this Post-Effective Amendment No. 147 to the Registrant's Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond, Commonwealth of Virginia on the 12th day of July, 2024.
ETF OPPORTUNITIES TRUST | ||
By: | /s/ Karen M. Shupe | |
Karen M. Shupe | ||
Treasurer and Principal Executive Officer |
Pursuant to the requirements of the Securities Act, this Post-Effective Amendment No. 147 to the Registration Statement on Form N-1A has been signed below by the following persons in the capacities and on the dates indicated.
Signature | Title | Date |
*David J. Urban | Trustee | July 12, 2024 |
*Mary Lou H. Ivey | Trustee | July 12, 2024 |
*Theo H. Pitt, Jr. | Trustee | July 12, 2024 |
*Laura V. Morrison | Trustee | July 12, 2024 |
/s/ Karen M. Shupe | Treasurer and Principal Executive Officer | July 12, 2024 |
Karen M. Shupe | ||
/s/ Ann T. MacDonald | Assistant Treasurer and Principal Financial Officer | July 12, 2024 |
Ann T. MacDonald | ||
*By: /s/ Karen M. Shupe | ||
Karen M. Shupe |
*Attorney-in-fact pursuant to Powers of Attorney
EXHIBITS
(q) | Power of Attorney for Mary Lou H. Ivey, David J. Urban, Theo H. Pitt, Jr. and Laura V. Morrison |