Notice2025-01364

ETF Opportunities Trust and REX Advisers, LLC

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
January 21, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Page 7202]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01364]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35451; 812-15650]


ETF Opportunities Trust and REX Advisers, LLC

January 15, 2025.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment 
Company Act of 1940 (``Act'') for an exemption from section 15(a) of 
the Act, as well as from certain disclosure requirements in rule 20a-1 
under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii), 
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A under the 
Securities Exchange Act of 1934, and Sections 6-07(2)(a), (b), and (c) 
of Regulation S-X (``Disclosure Requirements'').
    Summary of Application: The requested exemption would permit 
Applicants to enter into and materially amend subadvisory agreements 
with certain subadvisors without shareholder approval and grant relief 
from the Disclosure Requirements as they relate to fees paid to the 
subadvisors.
    Applicants: ETF Opportunities Trust and REX Advisers, LLC.
    Filing Dates: The application was filed on October 25, 2024.
    Hearing or Notification of Hearing: An order granting the requested 
relief will be issued unless the Commission orders a hearing. 
Interested persons may request a hearing on any application by emailing 
the SEC's Secretary at <a href="/cdn-cgi/l/email-protection#b6e5d3d5c4d3c2d7c4cfc59bf9d0d0dfd5d3f6c5d3d598d1d9c0"><span class="__cf_email__" data-cfemail="adfec8cedfc8d9ccdfd4de80e2cbcbc4cec8eddec8ce83cac2db">[email&#160;protected]</span></a> and serving the 
Applicants with a copy of the request by email, if an email address is 
listed for the relevant Applicant below, or personally or by mail, if a 
physical address is listed for the relevant Applicant below. Hearing 
requests should be received by the Commission by 5:30 p.m. on February 
10, 2025, and should be accompanied by proof of service on the 
Applicants, in the form of an affidavit, or, for lawyers, a certificate 
of service. Pursuant to rule 0-5 under the Act, hearing requests should 
state the nature of the writer's interest, any facts bearing upon the 
desirability of a hearing on the matter, the reason for the request, 
and the issues contested. Persons who wish to be notified of a hearing 
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#d487b1b7a6b1a0b5a6ada7f99bb2b2bdb7b194a7b1b7fab3bba2"><span class="__cf_email__" data-cfemail="a3f0c6c0d1c6d7c2d1dad08eecc5c5cac0c6e3d0c6c08dc4ccd5">[email&#160;protected]</span></a>. Applicants: ETF 
Opportunities Trust, 8370 Stony Point Parkway, Suite 205, Richmond, 
Virginia 23235, REX Advisers, LLC, 1241 Post Road, Second Floor, 
Fairfield, Connecticut 06824, and John H. Lively, Esq, 
<a href="/cdn-cgi/l/email-protection#09436661672745607f6c657049797b686a7d7c7a276a6664"><span class="__cf_email__" data-cfemail="773d181f19593b1e01121b0e37070516140302045914181a">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel, 
or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-6825 
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal 
analysis, and conditions, please refer to Applicants' application, 
dated October 25, 2024, which may be obtained via the Commission's 
website by searching for the file number at the top of this document, 
or for an Applicant using the Company name search field on the SEC's 
EDGAR system. The SEC's EDGAR system may be searched at <a href="https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html">https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html</a>. You may also 
call the SEC's Office of Investor Education and Advocacy at (202) 551-
8090.

    For the Commission, by the Division of Investment Management, 
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-01364 Filed 1-17-25; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on January 21, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.