The Emergence of the Actively Managed ETF

47 Pages Posted: 13 Jan 2022 Last revised: 31 Jan 2022

Date Written: January 12, 2022


Since the first exchange-traded fund began trading in 1993, the ETF form has attracted enormous investment flows. However, this triumph of the ETF has been overwhelmingly limited the world of passive investment. Due to a mix of recent market innovation and regulatory change, this state of affairs is changing today. As I explain in this Article, there is much reason to believe that the actively managed ETF is now set to emerge as a significant feature of the investment landscape. And this emergence has important implications for, among others, the main parties that play key roles in protecting investors (namely, the Securities and Exchange Commission as well as investment intermediaries).

Keywords: ETFs, Exchange-Traded Funds, Investment Company Act, Securities Regulation

Suggested Citation

Haeberle, Kevin S., The Emergence of the Actively Managed ETF (January 12, 2022). 2021.3 Colum. B. L Rev. 1321 (2021), Available at SSRN: or

Kevin S. Haeberle (Contact Author)

William & Mary Law School ( email )

PO Box 8795
William and Mary Law School
Williamsburg, VA 23187
United States

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