Will The SEC’s New ETF Rule Benefit Investors? "Loophole" is a loaded word that IMHO is being misused here. Since ETFs trade on exchanges they don't exactly fit into the
1940 Investment Company Act's rules for OEFs. That Act allows them to individually apply for "exemptive relief" so that ETFs can operate despite the incompatible rules.
If that procedure is a "loophole", then what they're getting is a gaping hole. That's because starting now most ETFs get to do the same thing they've always been doing, except without having to ask for permission. It's now automatic.
Nor has the exemption procedure (the so called "loophole") been eliminated. Leveraged ETFs, ETFs structured as UITs, and Vanguard patented ETFs (structured as share classes of OEFs) still have to go through this procedure. So the procedure is still available. Just not often needed.
Note that this new rule is available only for funds that are willing to disclose holdings daily. Currently, passively managed funds need only disclose quarterly,
like OEFs. That option remains, but those ETFs wanting to disclose less than daily will still have to seek "exemptive relief" - using ye olde "loophole".
SEC press release:
https://www.sec.gov/news/press-release/2019-190SEC final rule:
https://www.sec.gov/rules/final/2019/33-10695.pdf
Your Cash Is Earning Even Less At One Online Broker After The Fed’s Rate Cut Sigh. And they make it cumbersome to use cash-like ETFs or funds to hold cash b/c they'll charge short-term redemption fees, even if they're on the NTF list. I've since gone to using t-bills for cash, just on principle, as a way of saying f-you to them.
And yes they do offer 'proprietary' funds and other funds with higher yields for those holding $1M or more in cash....though the latter ones still get hit with the short-term redemption fees, I understand.