Tuesday - August 4, 2026
Faegre Drinker Issues Commentary: SEC Staff Issues No-Action Relief for Exchange-Traded Funds During Passive Concentration Exceedances
August 04, 2026
MINNEAPOLIS, Minnesota, Aug. 4 -- Faegre Drinker Biddle and Reath, a law firm, issued the following commentary on Aug. 3, 2026, by partner Jillian L. Bosmann and associates J. Louise Bonner and Liz J. Baxter:

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SEC Staff Issues No-Action Relief for Exchange-Traded Funds during Passive Concentration Exceedances

Sponsors may utilize in-kind creation baskets even during periods of passive exceedance of an ETF's concentration policy.

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