"PGIA, Dimensional and Fidelity have all filed to launch an ETF share class structure of their mutual funds," said Nate Geraci, president of The ETF Store, an investment advisory firm specializing in ETFs, and host of the weekly podcast ETF Prime. "I think that's a potentially enormous story in the ETF space."
In February 2023, Perpetual US Services, which does business as PGIA, announced the filing of an exemptive application with the Securities and Exchange Commission seeking an order that would permit PGIA and its affiliated U.S. investment advisers to establish an ETF multishare-class structure of their respective mutual funds.
The PGIA filing came just months before the May expiration of a patent held by Vanguard Group. Starting in 2000, Vanguard began operating index-based ETFs as share classes of its index-based mutual funds in accordance with an order from the SEC that was "substantially similar to the one sought by Applicant," PGIA's filing said.
Dimensional Fund Advisors filed its application for exemptive relief in July, while Fidelity Investments filed in October.
The challenge will be getting the SEC on board, Geraci said, adding that Vanguard is only approved to use the ETF share class structure for its index-based products while PGIA, Dimensional and Fidelity are seeking to use it for actively managed products.
"Active ETFs have exploded in recent years," Ryan Jackson, a manager research analyst, passive strategies for Morningstar, said in a Nov. 13 article, which said that many mutual fund providers that entered the ETF market in recent years cite what's known as "the ETF Rule," which the SEC approved in 2019, as the catalyst. Rule 6c-11 allows fund providers to create and redeem ETF shares with custom baskets, Jackson said.
However, the SEC said in 2019 that ETFs structured as a share class of a multiclass fund wouldn't be able to rely on the rule, citing concerns regarding how portfolio costs would be borne.
"For example, an ETF share class that transacts with authorized participants on an in-kind basis and a mutual fund share class that transacts with shareholders on a cash basis may give rise to differing costs to the portfolio," the SEC said. "As a result, while certain of these costs may result from the features of one share class or another, all shareholders would generally bear these portfolio costs."
Geraci said that if, for instance, the mutual fund share class had substantial outflows, "that could trigger negative tax consequences and higher transaction costs for ETF shareholders."
However, the "bigger picture" when it comes to ETF share classes of mutual funds involves the retirement plan market, and 401(k) plans in particular, he said.
"That's an extremely lucrative business for mutual fund companies and I would say it's really the last bastion for mutual funds," Geraci said. "Mutual funds have lost market share pretty much everywhere else except in that retirement plan space."
The ability to add an ETF share class to a mutual fund "would allow mutual fund companies to maintain that lucrative cash cow business while also pursuing the much higher growth ETF market," he said.
While there have been plenty of mutual fund-to-ETF conversions, "those are only applicable (for) products that have minimal if any retirement plan assets, otherwise they can't convert," Geraci said, adding that "most 401(k) plans are not set up to hold ETFs."
And, while fund firms can also offer ETF clones of their mutual funds, that's also not as optimal as having the ability to add an ETF share class, he said.
"Clone strategies don't offer the type of operational efficiencies that a multishare-class structure would just in terms of sharing back-end operating cost and distribution cost, and then just the tax efficiency within the fund itself," Geraci said. "And so, this ETF share structure could be a huge deal."