RegAlert2002-11-01
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SEC no-action letter regarding Treasury FITR Exchange Traded Funds
The Commission grants exemptions from Rules 101 and 102 of Regulation M, Rule 10a-1, Rule 10b-10, and Rule 10b-17, and provides no-action positions under Section 11(d)(1) of the Securities Exchange Act of 1934 for the ETF Advisors Trust and its Treasury 10, 5, 2, and 1 FITR Exchange Traded Funds. These exemptions permit secondary market trading, creation and redemption of Creation Units, and specific broker-dealer credit extensions without violating anti-manipulation, short sale, confirmation, and notice requirements. The relief is conditioned on the absence of material changes to the represented facts and prohibits transactions designed to manipulate trading activity or price.
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November 1, 2002
Mary Joan Hoene, Esq. Carter, Ledyard & Milburn 2 Wall Street New York, NY 10005-2072
RE: Treasury 10 FITR Exchange Traded Fund Treasury 5 FITR Exchange Traded Fund Treasury 2 FITR Exchange Traded Fund Treasury 1 FITR Exchange Traded Fund
File No. TP 02-126
Dear Ms. Hoene:
In your letter dated October 31, 2002, as supplemented by conversations with the staff, you request on behalf of the ETF Advisors Trust ("Trust"), Treasury 10 FITR Exchange Traded Fund, Treasury 5 FITR Exchange Traded Fund, Treasury 2 FITR Exchange Traded Fund, Treasury 1 FITR Exchange Traded Fund, 1 and persons or entities engaging in transactions in shares of the Funds ("FITRS"), exemptions from, or no-action advice regarding, Section 11(d)(1) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10a-1, 10b-10, 10b-17, 11d1-1, 11d1-2 and Rules 101 and 102 of Regulation M in connection with secondary market transactions in FITRS and the creation and redemption of Creation Units of FITRS on the American Stock Exchange ("AMEX"), and any other national securities exchange that obtains the necessary listing authorization.
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SEC published 7 documents in the last 30 days. We email you each new one the day it's published.