Cboe Pushes for Simpler ETF Listing and Trading Rules
Published Date: 9/2/2025
Notice
Summary
The Cboe BZX Exchange wants to make it easier to list and trade a new type of Exchange-Traded Fund (ETF) by adopting a new rule. This change could speed up how ETFs get approved and traded, affecting investors and fund managers. The SEC is reviewing the proposal and will decide by September 8, 2025, so keep an eye out for updates that might impact your trading options and costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Class ETF Shares Can Be Listed Generically
The Exchange proposes Rule 14.11(n) to allow Class Exchange-Traded Fund (Class ETF) Shares to be listed and traded on the Exchange without a separate prior Commission approval order or a notice of effectiveness under Section 19(b). If the Class ETF Shares meet the rule and applicable exemptive relief, they would not need a separate Section 19(b) filing before trading can begin.
Delisting Trigger: Fewer Than 50 Holders
Under proposed Rule 14.11(n)(4)(B)(i)(c), after the initial 12-month period from commencement of trading, the Exchange may consider delisting a Class ETF if there are fewer than 50 beneficial holders of the Class ETF Shares for 30 or more consecutive trading days.
Daily NAV and Disclosure Requirement
The Exchange will require issuers to calculate net asset value (NAV) per share daily and make daily portfolio disclosures available to all market participants at the same time; if the NAV or daily portfolio disclosure is not available to all market participants simultaneously, the Exchange may halt trading in the Class ETF Shares until it is available.
Exchange Surveillance, Halts, and Delisting Powers
The Exchange will implement and maintain written surveillance procedures for Class ETF Shares, may employ intraday alerts, can halt trading under Rule 11.18 (circuit breakers) or other conditions, and may suspend trading and commence delisting proceedings under Rule 14.12 if the Class ETF Shares no longer meet listing or regulatory requirements.
Minimum Shares Outstanding at Listing
The Exchange will establish a minimum number of Class ETF Shares required to be outstanding at the time of commencement of trading as a condition for initial listing under proposed Rule 14.11(n)(4)(A)(i).
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-20466, Adviser and Regulated Fund Custody Rules; Crypto Custody Rules
The SEC is updating rules for how investment advisers and funds handle crypto assets, making sure they keep these digital investments safe and properly reported. These changes affect advisers, funds, and anyone managing crypto securities, aiming to modernize rules and improve transparency. Comments on the proposal are open until December 7, 2026, so get ready to weigh in!
2026-19260, Rescission of Rule 14a-8's Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4
The SEC wants to stop its federal rule that controls how shareholders can make proposals at company meetings, letting state laws and company rules take over instead. They’re also changing rules so companies can sometimes vote on proposals not in their official materials—but shareholders can opt out if they want. This affects investors and companies, with comments open until November 20, 2026, and could shake up how shareholder voices are heard and counted.
2026-18424, Political Contributions by Certain Investment Advisers
The Securities and Exchange Commission (the "Commission" or the "SEC") is proposing to rescind the political contribution rule under the Investment Advisers Act of 1940 (the "Advisers Act"), which prohibits investment advisers from providing investment advisory services for compensation to a government client for two years after an adviser or any covered associate of the adviser makes a contribution to certain categories of elected officials or candidates, among other prohibitions. In the more than fifteen years since the rule was adopted, implementation challenges associated with the political contribution rule have resulted in a range of significant unintended consequences, including compliance practices among some investment advisers that may have had the effect of restricting all political contributions by the investment advisers and their employees. Market participants also have stated that the political contribution rule is burdensome, complex, and both lacks clarity and creates a de facto strict liability standard. The Commission is of the view that other existing requirements of the Advisers Act and its associated rules, including prohibitions on fraud, fiduciary duty requirements, the compliance rule, and the code of ethics rule (defined below), are likely sufficient to address pay-to-play practices while allowing an adviser the flexibility to implement an approach that is more appropriately tailored to its particular risks, rendering the political contribution rule unnecessary. The Commission also is proposing to amend the rule under the Advisers Act pertaining to books and records consistent with the proposed rescission.
2026-18190, Transfer Agent Rules
The U.S. Securities and Exchange Commission ("SEC" or "Commission") is proposing to adopt new rules, amend existing rules, amend the existing form for registration with the Commission as a transfer agent (Form TA-1) and the existing form for reporting activities of transfer agents (Form TA-2), and rescind an existing rule governing registered transfer agents. The proposals are designed to modernize the rules governing registered transfer agents.
2026-17183, Regulation Crypto Assets
The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."
2026-12163, The Trade-Through Rule and Locked and Crossed Markets Provisions of Regulation NMS
The SEC wants to scrap some old rules that stop stocks from being traded at worse prices and prevent confusing market quotes. This change affects stock traders and exchanges, aiming to simplify trading and possibly speed things up. If you want to share your thoughts, you’ve got until August 17, 2026, so don’t miss out!
Previous / Next Documents
Previous: 2025-16701, Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 2, To Eliminate Position and Exercise Limits for Options on the S&P 500 Equal Weight Index
Cboe Exchange is removing the limits on how many options traders can hold or exercise for the S&P 500 Equal Weight Index. This change affects anyone trading these specific options and aims to give more freedom and flexibility starting right away. It could impact trading strategies and potentially increase market activity without new fees or costs.
Next: 2025-16703, Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7.31-E(d)(1)(A)
NYSE Arca is updating its rules to let traders show part of their Reserve Orders in mixed lot sizes, not just round lots. This change makes trading smoother and matches what other markets already do. It takes effect right away and could help traders manage their orders more flexibly without extra costs.