UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-A/A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) or (g) OF THE
SECURITIES EXCHANGE ACT OF 1934
Exchange Traded Concepts Trust
(Exact name of registrant as specified in its charter)
Delaware | | See below |
(State of incorporation or organization) | | (IRS Employer Identification No.) |
10900 Hefner Pointe Drive
Suite 400
Oklahoma City, Oklahoma 73120
(Address of principal executive offices including zip code)
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class to be registered | Name of exchange on which each class is to be registered | I.R.S. Employer Identification Number |
JAKOTA K-Pop and Korean Entertainment ETF (formerly, KPOP and Korean Entertainment ETF) | NYSE Arca, Inc. | 88-2061460 |
If this form relates to the registration of a class of securities pursuant to Section 12(b) of the Exchange Act and is effective pursuant to General Instruction A.(c), check the following box. ☒
If this form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d), check the following box. ☐
Securities Act registration statement file number to which this form relates: 333-156529
Securities to be registered pursuant to Section 12(g) of the Act: None.
Item 1. Description of Registrant’s Securities to be Registered
The securities to be registered hereunder are common shares of beneficial interest, $0.01 par value per share (the “Shares”) of JAKOTA K-Pop and Korean Entertainment ETF (formerly, KPOP and Korean Entertainment ETF) (the “Fund”), a series of Exchange Traded Concepts Trust (the “Registrant”). The Trust has filed an amendment to its application for listing of the Shares of the Fund which has been approved by NYSE Arca, Inc.
A description of the Shares for the Fund is set forth in Post-Effective Amendment No. 436 to the Registrant’s Registration Statement on Form N-1A (File Nos. 333-156529; 811-22263) as filed with the U.S. Securities and Exchange Commission (the “SEC”) on August 27, 2024 (the “Registration Statement”), which description is incorporated herein by reference. In addition, the above-referenced description included in any supplement relating to the Registration Statement filed with the Commission pursuant to Rule 497 under the Securities Act of 1933, as amended, shall be deemed to be incorporated herein by reference.
Item 2. Exhibits
| A. | Registrant’s Certificate of Trust dated July 17, 2009 is incorporated herein by reference to Exhibit (a)(1) of the Registrant’s Registration Statement on Form N-1A (File Nos. 333-156529 and 811-22363), as filed with the SEC via EDGAR (Accession No. 0000950123-09-023575) on July 20, 2009. |
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| B. | Written Instrument amending the Certificate of Trust, dated July 14, 2011, is incorporated herein by reference to Exhibit (a)(2) of Post-Effective Amendment No. 2 to the Registrant’s Registration Statement on Form N-1A (File Nos. 333-156529 and 811-22263), as filed with the SEC via EDGAR (Accession No. 0000950123-11-078120) on August 17, 2011. |
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| C. | Registrant’s Amended and Restated Agreement and Declaration of Trust dated October 3, 2011, is incorporated herein by reference to Exhibit (a)(4) of Post-Effective Amendment No. 4 to the Registrant’s Registration Statement on Form N-1A (File Nos. 333-156529 and 811-22363), as filed with the SEC via EDGAR (Accession No. 0000950123-11-100027) on November 22, 2011. |
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| D. | Registrant’s Amended and Restated By-Laws dated December 9, 2022 are incorporated herein by reference to Exhibit (b) to Post-Effective Amendment No. 422 to the Registrant’s Registration Statement on Form N-1A (File Nos. 333-156529 and 811-22263), as filed with the SEC via EDGAR Accession No. 0001213900-23-024765 on March 30, 2023. |
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the Registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereto duly authorized.
Date: September 4, 2024 | Exchange Traded Concepts Trust |
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| By: | /s/ J. Garrett Stevens |
| | J. Garrett Stevens |
| | President |