ASYM shares ™
ASYM metric S&P 500 ®
ETF
Listed
on NYSE Arca, Inc.
Ticker:
ASPY CUSIP: 04651A101
|
Annual
Report |
|
|
www.ASYMshares.com |
December
31, 2022 |
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Dear Shareholders,
We are happy to report that ASPY successfully
navigated the bear market of 2022, by shielding our investors’ capital from the
worst of market losses. ASYMmetric Risk Management Technology ™ was
tested by a bear market and proved its metal in a down market. Here are a few
highlights from an exciting 2022:
|
1. |
Award
Winning: ASYMmetric S&P 500 ETF (ASPY) won the 2022 Newcomer Strategic Beta ETF of the Year
at With Intelligence’s Mutual Fund Industry and ETF Awards.
|
|
2. |
Smart
Equity: ASPY delivered its primary goal of producing S&P 500
returns with a fraction of the risk since its inception, by cutting the
bear market losses of the S&P 500 by less than half in 2022.
|
|
3. |
New ETFs:
ASYMmetric filed for two new ETFs, introducing Smart Income and
Smart Alpha solutions. Smart Income ETFs are designed to produce more
income with less risk and Smart Alpha ETFs are engineered to provide
better returns with the same risk. |
|
4. |
Tax-Efficient Returns: ASPY generated no
capital gains in 2022. |
The ASYMmetric S&P 500 ®
ETF (ASPY) delivered on its Smart Equity investment goal of
producing market returns with a fraction of the risk since its inception. ASPY
has generated cumulative returns of 6.6% versus 1.9% for the S&P 500 Index
from 3/9/21-12/31/22. ASPY has exceeded investor expectations by producing
greater returns than the S&P 500 with significantly less risk.
ASPY delivered its goal of less risk by cutting
bear market losses of the S&P 500 in half in 2022. The S&P 500 was down
-24% at its bear market low on 10/12/22. ASPY was down -10.3%, less than half
the index at the same point. ASPY exhibited significantly less downside risk
than the S&P 500 in 2022.
(unaudited)
ASYM shares ™
ASYM metric S&P 500 ®
ETF
ASYMmetric Risk Management Technology ™ is
based on the philosophy that capital preservation has the potential for greater
wealth creation with less risk. ASPY delivering better performance than the
S&P 500 in 2022 and since inception with significantly less risk is a strong
proof statement for the efficacy of our Smart Technology and a capital
preservation approach to investing.
|
|
Since |
As
of 12/31/22 |
YTD |
Inception *
|
ASYMmetric S&P 500 ®
ETF – (Market) |
-10.9% |
6.6% |
ASYMmetric S&P 500 ®
ETF – (NAV) |
-10.5% |
6.5% |
S&P 500 ®
TR Index |
-18.1% |
1.9% |
Alpha |
7.2%
|
4.7%
|
*
Since Inception performance is cumulative. Inception date 3/09/21. Expense
ratio 0.95%
Performance quoted
represents past performance, which is no guarantee of future results. Investment
returns and principal value will fluctuate, so you may have a gain or loss when
shares are sold. Current performance may be higher or lower than that quoted.
For standardized performance, visit www.ASYMshares.com/aspy.
(unaudited)
ASYM shares ™
ASYM metric S&P 500 ®
ETF
ASYMmetric ETFs are attempting to disrupt the
status quo by seeking to offer investors better returns with less risk. Retail
investors have been told they must accept equity risk, losses of over -50% in a
bear market, to generate equity returns of roughly 6.2% per annum from
2000-2022. This is a terrible risk (-50%) / return (+6.2%) payoff. Smart Equity
solutions offer the potential to generate equity returns with a fraction of the
risk. Don’t invest harder, invest smarter with ASYMmetric ETFs, learn more about
our Smart Solutions at www.ASYMshares.com.
On behalf of the entire ASYMmetric ETFs ™
team, we are deeply grateful for the trust our investors have placed in
us. We will continue to work hard every day to earn it, as ASYMmetric Risk
Management Technology ™
works hard every day to deliver smarter investment solutions.
Sincerely,
Darren Schuringa
Founder and CEO
Important Risk Information
This
material must be preceded or accompanied by a prospectus.
There is no guarantee the
Fund’s investment strategy will be a success or that the protection sought by
the fund will be achieved. Investment loss is possible.
New Fund Risk: The Fund is
a recently organized investment company with no operating history. As a result,
prospective investors have no track record or history on which to base their
investment decision. Leverage Risk: The Fund will invest in futures as a
principal investment strategy. Futures and other derivative investments give
rise to a form of leverage. Leverage is investment exposure that exceeds the
initial amount invested. The loss on a leveraged investment may far exceed the
Fund’s principal amount invested. Leverage can magnify the Fund’s gains and
losses and therefore increase its volatility. Long/Short Risk: The performance
of the Fund will depend on the difference in the rates of return between its
long positions and short positions. Unlike with a long position, losses on a
short position could be much greater if the value of the security that the Fund
is shorting increases because the cost of covering a short position is
potentially unlimited. Volatility Risk: The Fund’s investments are designed to
respond to historical or realized volatility based on a proprietary model
developed and implemented by the Index Provider, which is not intended to
predict the future volatility of the S&P 500 Index. If the S&P 500 Index
is rapidly rising during periods when the Index Provider’s volatility model has
predicted significant volatility, the Fund may be underexposed to the S&P
500 Index due to its short position, and the Fund would not be expected to gain
the full benefit of the rise in the S&P 500 Index. Additionally, in periods
of rapidly changing volatility, the Fund may not be appropriately hedged or may
not respond as expected to current volatility. In periods of extreme market
volatility, the Index’s strategy, and consequently the Fund, may underperform
due to the backward-looking nature of the Index’s model.
Award Selection Criteria:
The ETF performance awards were judged based on 2021 performance and flows. For
the newcomer categories funds must be at least $25m in AUM, for the other
categories funds must be at least $50m. Newcomer funds must have been launched
in 2021.
Alpha: the portion of
return from an investment that’s incrementally more than a benchmark index, in
this case the S&P 500.
Shares of ETFs are bought
and sold at market price (not NAV) and are not individually redeemed from the
fund. Any applicable brokerage commissions will reduce returns. Market price
returns are based on the bid/ask spread at 4 p.m. ET. and do not represent the
returns an investor would receive if shares were traded at other times.
Before
investing, carefully consider the fund’s investment objectives, risks, charges
and expenses. This and other information are in the prospectus and a summary
prospectus, copies of which may be obtained at www.ASYMshares.com or
1-866-ASYM777. Read the prospectus carefully before investing.
Distributor: Foreside Fund
Services, LLC
(unaudited)
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Value of
$10,000 Investment (Unaudited)
The chart assumes an
initial investment of $10,000. Performance reflects operating expenses in
effect. Performance data quoted represents past performance and does not
guarantee future results. Investment returns and principal value will fluctuate,
and when sold, may be worth more or less than their original cost. Performance
current to the most recent month-end may be lower or higher than the performance
quoted and can be obtained by calling 1-866-279-6777. Performance assumes the
reinvestment of capital gains and income distributions. The performance does not
reflect the deduction of taxes that a shareholder would pay on Fund
distributions or the redemption of Fund shares.
Average Annual Total Returns
(%) As of December 31, 2022
|
1 Year |
Since Inception (1)
|
ASYMshares ™
ASYMmetric S&P 500 ®
ETF – Market |
-10.94% |
3.56% |
ASYMshares ™
ASYMmetric S&P 500 ®
ETF – NAV |
-10.54% |
3.55% |
S&P 500 ®
Index (2)
|
-18.11% |
1.02% |
(1) |
March 9, 2021 |
(2) |
The Standard & Poor’s 500(R) Index
(S&P 500) is an unmanaged, capitalization-weighted index generally
representative of the U.S. market for large capitalization stocks. This
Index cannot be invested in directly. |
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Expense
Example (Unaudited)
December
31, 2022
As a shareholder of the Fund, you incur two
types of costs: (1) transaction costs, including brokerage commissions on
purchases and sales of Fund shares, and (2) ongoing costs, including management
fees and other Fund expenses. This example is intended to help you understand
your ongoing costs (in dollars) of investing in the Fund and to compare these
costs with the ongoing costs of investing in other funds. The example is based
on an investment of $1,000 invested at the beginning of the period and held for
the entire period (July 1, 2022 – December 31, 2022).
ACTUAL EXPENSES
The first line of the table below provides
information about actual account values based on actual returns and actual
expenses. You may use the information in this line, together with the
amount you invested, to estimate the expenses that you paid over the
period. Simply divide your account value by $1,000 (for example, an $8,600
account value divided by $1,000 = 8.6), then multiply the result by the number
in the first line under the heading entitled “Expenses Paid During Period” to
estimate the expenses you paid on your account during this period.
HYPOTHETICAL EXAMPLE FOR COMPARISON PURPOSES
The second line of the table below provides
information about hypothetical account values and hypothetical expenses based on
the Fund’s actual expense ratio and an assumed rate of return of 5% per year
before expenses, which is not the Fund’s actual return. The hypothetical account
values and expenses may not be used to estimate the actual ending account
balance or expenses you paid for the period. You may use this information to
compare the ongoing costs of investing in the Fund and other funds. To do so,
compare this 5% hypothetical example with the 5% hypothetical examples that
appear in the shareholder reports of the other funds.
Please note that the
expenses shown in the table are meant to highlight your ongoing costs only and
do not reflect any transactional costs, such as redemption fees or exchange
fees. Therefore, the second line of the table is useful in comparing ongoing
costs only and will not help you determine the relative total costs of owning
different funds. In addition, if these transactional costs were included, your
costs would have been higher.
|
|
|
|
|
Beginning |
Ending |
Expenses Paid
|
|
Account Value |
Account Value |
During Period (1)
|
|
(07/01/2022)
|
(12/31/2022)
|
(07/01/2022 –
12/31/2022) |
Actual (2)
|
$1,000.00 |
$ 983.10 |
$4.75 |
Hypothetical (5% annual return before expenses) |
$1,000.00 |
$1,020.42 |
$4.84 |
(1) |
Expenses are equal to the Fund’s
annualized expense ratio for the period since inception of 0.95%,
multiplied by the average account value over the period, multiplied by
184/365 to reflect the one-half year period. |
(2) |
Based on the actual returns for the
six-month period ended December 31, 2022 of -1.69%.
|
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Allocation
of Portfolio (1)
(% of Net Assets) (Unaudited)
December
31, 2022
Top
Ten Holdings (1)
(Unaudited)
as
of December 31, 2022
(%
of Net Assets)
Duke Energy Corp. |
3.2% |
Newmont Corp. |
2.8% |
Realty Income Corp. |
2.8% |
Campbell Soup Co. |
2.5% |
J.M. Smucker Co. |
2.5% |
General Mills Inc. |
2.4% |
Northrop Grunman Corp. |
2.2% |
Lockheed Martin Corp. |
2.2% |
Huntington Ingalls Industries Inc.
|
2.2% |
YUM Brands Inc. |
2.1% |
(1) |
Fund holdings and sector allocations are
subject to change at any time and are not recommendations to buy or sell
any security. |
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Schedule
of Investments
December
31, 2022
|
|
Shares |
|
|
Value |
|
COMMON STOCKS – 99.7% |
|
|
|
|
|
|
|
|
|
|
|
|
|
Communication Services – 7.6% |
|
|
|
|
|
|
Activision Blizzard, Inc. |
|
|
6,743 |
|
|
$ |
516,177 |
|
AT&T, Inc. |
|
|
26,265 |
|
|
|
483,539 |
|
Electronic Arts, Inc. |
|
|
3,872 |
|
|
|
473,081 |
|
Verizon Communications, Inc. |
|
|
12,906 |
|
|
|
508,496 |
|
|
|
|
|
|
|
|
1,981,293 |
|
Consumer Discretionary – 10.3% |
|
|
|
|
|
|
|
|
Domino’s Pizza, Inc. |
|
|
1,453 |
|
|
|
503,319 |
|
Hasbro, Inc. |
|
|
8,857 |
|
|
|
540,366 |
|
O’Reilly Automotive, Inc.* |
|
|
644 |
|
|
|
543,555 |
|
McDonald’s Corp. |
|
|
2,040 |
|
|
|
537,601 |
|
Yum! Brands, Inc. |
|
|
4,326 |
|
|
|
554,074 |
|
|
|
|
|
|
|
|
2,678,915 |
|
Consumer Staples – 7.3% |
|
|
|
|
|
|
|
|
Campbell Soup Co. |
|
|
11,622 |
|
|
|
659,548 |
|
General Mills, Inc. |
|
|
7,311 |
|
|
|
613,027 |
|
J.M. Smucker Co. |
|
|
4,050 |
|
|
|
641,763 |
|
|
|
|
|
|
|
|
1,914,338 |
|
Energy – 5.2% |
|
|
|
|
|
|
|
|
Baker Hughes Co. |
|
|
15,876 |
|
|
|
468,818 |
|
Valero Energy Corp. |
|
|
3,471 |
|
|
|
440,331 |
|
The Williams Companies, Inc. |
|
|
13,368 |
|
|
|
439,807 |
|
|
|
|
|
|
|
|
1,348,956 |
|
Financials – 11.7% |
|
|
|
|
|
|
|
|
Assurant, Inc. |
|
|
4,038 |
|
|
|
504,992 |
|
Cboe Global Markets, Inc. |
|
|
4,083 |
|
|
|
512,294 |
|
CME Group, Inc. |
|
|
2,980 |
|
|
|
501,117 |
|
The Allstate Corp. |
|
|
3,868 |
|
|
|
524,501 |
|
The Travelers Companies, Inc. |
|
|
2,770 |
|
|
|
519,347 |
|
W. R. Berkley Corp. |
|
|
6,852 |
|
|
|
497,250 |
|
|
|
|
|
|
|
|
3,059,501 |
|
Healthcare – 15.0% |
|
|
|
|
|
|
|
|
Amgen, Inc. |
|
|
1,804 |
|
|
|
473,803 |
|
Biogen, Inc.* |
|
|
1,694 |
|
|
|
469,102 |
|
Bristol-Myers Squibb Co. |
|
|
6,399 |
|
|
|
460,408 |
|
DaVita, Inc.* |
|
|
6,904 |
|
|
|
515,522 |
|
Incyte Corp.* |
|
|
6,389 |
|
|
|
513,164 |
|
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Schedule
of Investments – Continued
December
31, 2022
|
|
Shares |
|
|
Value |
|
Healthcare – 15.0% – Continued |
|
|
|
|
|
|
Johnson & Johnson |
|
|
2,860 |
|
|
$ |
505,219 |
|
Merck & Co., Inc. |
|
|
4,666 |
|
|
|
517,693 |
|
Vertex Pharmaceuticals, Inc.* |
|
|
1,633 |
|
|
|
471,578 |
|
|
|
|
|
|
|
|
3,926,489 |
|
Industrials – 8.6% |
|
|
|
|
|
|
|
|
Huntington Ingalls Industries, Inc. |
|
|
2,434 |
|
|
|
561,475 |
|
Lockheed Martin Corp. |
|
|
1,164 |
|
|
|
566,274 |
|
Northrop Grumman Corp. |
|
|
1,059 |
|
|
|
577,801 |
|
Waste Management, Inc. |
|
|
3,365 |
|
|
|
527,901 |
|
|
|
|
|
|
|
|
2,233,451 |
|
Information Technology# – 25.2% |
|
|
|
|
|
|
|
|
Akamai Technologies, Inc.* |
|
|
5,726 |
|
|
|
482,702 |
|
Automatic Data Processing, Inc. |
|
|
2,089 |
|
|
|
498,978 |
|
Broadridge Financial Solutions, Inc. |
|
|
3,701 |
|
|
|
496,415 |
|
Cisco Systems Inc. |
|
|
10,928 |
|
|
|
520,610 |
|
Cognizant Technology Solutions Corp. – Class A |
|
|
8,732 |
|
|
|
499,383 |
|
Fiserv, Inc.* |
|
|
5,256 |
|
|
|
531,224 |
|
Gen Digital, Inc. |
|
|
23,661 |
|
|
|
507,055 |
|
Hewlett Packard Enterprise Co. |
|
|
32,885 |
|
|
|
524,845 |
|
Jack Henry & Associates, Inc. |
|
|
2,869 |
|
|
|
503,682 |
|
Intel Corp. |
|
|
18,350 |
|
|
|
484,991 |
|
International Business Machines Corp. |
|
|
3,649 |
|
|
|
514,108 |
|
Motorola Solutions, Inc. |
|
|
2,027 |
|
|
|
522,378 |
|
Texas Instruments, Inc. |
|
|
3,010 |
|
|
|
497,312 |
|
|
|
|
|
|
|
|
6,583,683 |
|
Materials – 2.8% |
|
|
|
|
|
|
|
|
Newmont Corp. |
|
|
15,349 |
|
|
|
724,473 |
|
|
|
|
|
|
|
|
|
|
Real Estate – 2.8% |
|
|
|
|
|
|
|
|
Realty Income Corp. |
|
|
11,385 |
|
|
|
722,151 |
|
|
|
|
|
|
|
|
|
|
Utilities – 3.2% |
|
|
|
|
|
|
|
|
Duke Energy Corp. |
|
|
8,032 |
|
|
|
827,216 |
|
|
|
|
|
|
|
|
|
|
Total Common Stocks |
|
|
|
|
|
|
|
|
(Cost $26,378,085) |
|
|
|
|
|
|
26,000,466 |
|
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Schedule
of Investments – Continued
December
31, 2022
|
|
Shares |
|
|
Value |
|
SHORT-TERM INVESTMENT – 0.2% |
|
|
|
|
|
|
|
|
|
|
|
|
|
Money Market Deposit Account – 0.2%
|
|
|
|
|
|
|
U.S. Bank, N.A., 3.900% (a) |
|
|
|
|
|
|
(Cost $41,673) |
|
|
41,673 |
|
|
$ |
41,673 |
|
Total Investments – 99.9% |
|
|
|
|
|
|
|
|
(Cost $26,419,758) |
|
|
|
|
|
|
26,042,139 |
|
Other Assets and Liabilities, Net – 0.1%
|
|
|
|
|
|
|
39,921 |
|
Total Net Assets – 100.0% |
|
|
|
|
|
$ |
26,082,060 |
|
* |
Non-income producing security.
|
# |
The Fund is significantly invested in
this sector and therefore is subject to additional risks. The information
technology sector may be more sensitive to short product cycles,
competition and more aggressive pricing than the overall market.
|
(a) |
The Money Market Deposit Account (the
“MMDA”) is a short-term investment vehicle in which the Fund holds cash
balances. The MMDA will bear interest at a variable rate that is
determined based on conditions and may change daily and by any amount. The
rate shown is as of December 31, 2022. |
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Statement
of Assets and Liabilities
December
31, 2022
ASSETS: |
|
|
|
Investments, at fair value |
|
|
|
(cost $26,419,758) |
|
$ |
26,042,139 |
|
Receivable for investment securities sold |
|
|
227,756 |
|
Cash |
|
|
644 |
|
Cash held as collateral for futures contracts |
|
|
20,050 |
|
Dividends & interest receivable |
|
|
44,176 |
|
Total assets |
|
|
26,334,765 |
|
|
|
|
|
|
LIABILITIES: |
|
|
|
|
Payable for dividends |
|
|
231,798 |
|
Payable to Adviser |
|
|
20,907 |
|
Total liabilities |
|
|
252,705 |
|
|
|
|
|
|
NET ASSETS |
|
$ |
26,082,060 |
|
|
|
|
|
|
NET ASSETS CONSIST OF: |
|
|
|
|
Capital stock |
|
$ |
30,609,096 |
|
Total accumulated loss |
|
|
(4,527,036 |
) |
Net Assets |
|
$ |
26,082,060 |
|
|
|
|
|
|
Shares issued and outstanding (1)
|
|
|
990,000 |
|
Net asset value, redemption price and offering price per share
|
|
$ |
26.35 |
|
(1) |
Unlimited shares authorized.
|
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Statement
of Operations
Year
Ended December 31, 2022
INVESTMENT INCOME: |
|
|
|
Dividend Income |
|
$ |
282,858 |
|
Interest Income |
|
|
233,541 |
|
Total investment income |
|
|
516,399 |
|
|
|
|
|
|
EXPENSES: |
|
|
|
|
Advisory fees (See Note 6) |
|
|
276,011 |
|
Total expenses |
|
|
276,011 |
|
|
|
|
|
|
NET INVESTMENT INCOME |
|
|
240,388 |
|
|
|
|
|
|
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS: |
|
|
|
|
Net realized loss on investments |
|
|
(1,787,459 |
) |
Net realized loss on futures contracts |
|
|
(114,833 |
) |
Net change in unrealized appreciation/depreciation of investments
|
|
|
(1,461,184 |
) |
Net change in unrealized appreciation/depreciation of futures
contracts |
|
|
11,941 |
|
|
|
|
|
|
Net realized and unrealized loss on investments: |
|
|
(3,351,535 |
) |
|
|
|
|
|
NET DECREASE IN NET ASSETS RESULTING FROM
OPERATIONS |
|
$ |
(3,111,147 |
) |
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Statement
of Changes in Net Assets
|
|
|
|
|
Period from |
|
|
|
|
|
|
March 9, 2021 (1)
|
|
|
|
Year Ended |
|
|
to |
|
|
|
December 31, 2022
|
|
|
December 31, 2021
|
|
OPERATIONS |
|
|
|
|
|
|
Net investment income |
|
$ |
240,388 |
|
|
$ |
44,676 |
|
Net realized gain (loss) on investments |
|
|
(1,787,459 |
) |
|
|
601,053 |
|
Net realized loss on futures contracts |
|
|
(114,833 |
) |
|
|
(57,199 |
) |
Net change in unrealized appreciation/depreciation of investments
|
|
|
(1,461,184 |
) |
|
|
1,083,565 |
|
Net change in unrealized appreciation/depreciation of futures
contracts |
|
|
11,941 |
|
|
|
(11,941 |
) |
Net increase (decrease) in net assets resulting from operations
|
|
|
(3,111,147 |
) |
|
|
1,660,154 |
|
|
|
|
|
|
|
|
|
|
CAPITAL SHARE TRANSACTIONS |
|
|
|
|
|
|
|
|
Proceeds from shares sold |
|
|
47,212,863 |
|
|
|
26,711,100 |
|
Payments for shares redeemed |
|
|
(41,853,306 |
) |
|
|
(4,355,302 |
) |
Net increase in net assets resulting from capital share transactions
|
|
|
5,359,557 |
|
|
|
22,355,798 |
|
|
|
|
|
|
|
|
|
|
DISTRIBUTIONS TO SHAREHOLDERS |
|
|
(231,798 |
) |
|
|
(50,504 |
) |
|
|
|
|
|
|
|
|
|
Total Increase in Net Assets |
|
|
2,016,612 |
|
|
|
23,965,448 |
|
|
|
|
|
|
|
|
|
|
NET ASSETS |
|
|
|
|
|
|
|
|
Beginning of period |
|
|
24,065,448 |
|
|
|
100,000 |
|
End of period |
|
$ |
26,082,060 |
|
|
$ |
24,065,448 |
|
|
|
|
|
|
|
|
|
|
TRANSACTIONS IN SHARES |
|
|
|
|
|
|
|
|
Shares sold |
|
|
1,680,000 |
|
|
|
960,000 |
|
Shares redeemed |
|
|
(1,500,000 |
) |
|
|
(154,000 |
) |
Net increase |
|
|
180,000 |
|
|
|
806,000 |
|
Shares Outstanding: |
|
|
|
|
|
|
|
|
Beginning of period |
|
|
810,000 |
|
|
|
4,000 |
|
End of period |
|
|
990,000 |
|
|
|
810,000 |
|
(1) |
Inception date of the Fund.
|
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Financial
Highlights
|
|
|
|
|
Period from |
|
|
|
|
|
|
March 9, 2021 (1)
|
|
|
|
Year Ended |
|
|
to |
|
|
|
December 31, 2022
|
|
|
December 31, 2021
|
|
PER COMMON SHARE DATA (2)
|
|
|
|
|
|
|
Net asset value, beginning of period |
|
$ |
29.71 |
|
|
$ |
25.00 |
|
|
|
|
|
|
|
|
|
|
INVESTMENT OPERATIONS: |
|
|
|
|
|
|
|
|
Net investment income |
|
|
0.24 |
|
|
|
0.05 |
|
Net realized and unrealized gain (loss) on investments |
|
|
(3.37 |
) |
|
|
4.72 |
|
Total from investment operations |
|
|
(3.13 |
) |
|
|
4.77 |
|
|
|
|
|
|
|
|
|
|
LESS DISTRIBUTIONS FROM: |
|
|
|
|
|
|
|
|
Net investment income |
|
|
(0.23 |
) |
|
|
(0.06 |
) |
Net realized gains |
|
|
— |
|
|
|
— |
|
Total distributions |
|
|
(0.23 |
) |
|
|
(0.06 |
) |
|
|
|
|
|
|
|
|
|
Net asset value, end of period |
|
$ |
26.35 |
|
|
$ |
29.71 |
|
|
|
|
|
|
|
|
|
|
TOTAL RETURN (3)
|
|
|
-10.54 |
% |
|
|
19.09 |
% |
|
|
|
|
|
|
|
|
|
SUPPLEMENTAL DATA AND RATIOS |
|
|
|
|
|
|
|
|
Net assets, end of period (in 000’s) |
|
$ |
26,082 |
|
|
$ |
24,065 |
|
|
|
|
|
|
|
|
|
|
Ratios to average net assets: |
|
|
|
|
|
|
|
|
Expenses (4)
|
|
|
0.95 |
% |
|
|
0.95 |
% |
Net investment income (4)
|
|
|
0.81 |
% |
|
|
0.55 |
% |
|
|
|
|
|
|
|
|
|
Portfolio turnover rate (3)(5)
|
|
|
362 |
% |
|
|
41 |
% |
(1) |
Inception date of the Fund. |
(2) |
For a Fund share outstanding for the
entire period. |
(3) |
Not annualized for periods less than one
year. |
(4) |
Annualized for period less than one year.
|
(5) |
Excludes the impact of in-kind
transactions. |
See Notes to the Financial Statements
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements
December
31, 2022
1. ORGANIZATION
ASYMmetric ETFs ™
Trust (the “Trust”) was organized as a Delaware statutory trust on August
7, 2020. The Trust is registered under the Investment Company Act of 1940,
as amended (the “1940 Act”), as an open-end management investment company.
The ASYMshares ™
ASYMmetric S&P ® 500
ETF (the “Fund”), is a diversified series with its own investment objectives and
policies within the Trust. The Trust has evaluated the structure, objective and
activities of the Fund and determined that it meets the characteristics of an
investment company. As such, these financial statements have applied the
guidance as set forth in the Accounting Standards Codification (“ASC”) Topic
946, Financial Services Investment Companies.
The investment objective of the Fund seeks to
track the total return performance, before fees and expenses, of the ASYMmetric
500 Index (the “Index”). The Index is based on proprietary ASYMmetric Risk
Management Technology developed and maintained by ASYMmetric Investment
Solutions, LLC (the “Index Provider”), an affiliate of ASYMmetric ETFs, LLC, the
Fund’s investment adviser (the “Adviser”). The Fund commenced operations on
March 9, 2021.
Shares of the Fund are listed and traded on the
NYSE Arca, Inc. (the “NYSE”). Market prices for the shares may be different from
their net asset value (“NAV”). The Fund issues and redeems shares on a
continuous basis at NAV only in blocks of 30,000 shares, called “Creation
Units.” Creation Units are issued and redeemed principally in-kind for
securities included in a specified universe, with cash included to balance to
the Creation Unit total. Once created, shares generally trade in the secondary
market at market prices that change throughout the day in amounts less than a
Creation Unit. Except when aggregated in Creation Units, shares are not
redeemable securities of the Fund. Shares of the Fund may only be purchased or
redeemed by certain financial institutions (“Authorized Participants”). An
Authorized Participant is either (i) a broker-dealer or other participant in the
clearing process through the Continuous Net Settlement System of the National
Securities Clearing Corporation or (ii) a Depository Trust Company participant
and, in each case, must have executed a Participation Agreement with the
Distributor. Most retail investors do not qualify as Authorized Participants nor
have the resources to buy and sell whole Creation Units. Therefore, they are
unable to purchase or redeem the shares directly from the Fund. Rather, most
retail investors may purchase shares in the secondary market with the assistance
of a broker and are subject to customary brokerage commissions or fees.
The Fund currently offers one class of shares,
which have no front-end sales load, no deferred sales charge, and no redemption
fee. A purchase (i.e. creation) transaction fee is imposed for the transfer and
other transaction costs associated with the purchase of Creation Units. The
standard fixed creation transaction fee for the Fund is $250, which is payable
by the Authorized Participant. In addition, a variable fee may be charged on all
cash transactions or substitutes for Creation Units of up to a maximum of three
times the fixed transaction fee. Variable fees are imposed to compensate the
Fund for the transaction costs associated with the cash transactions. Variable
fees received by the Fund is displayed in the capital shares transaction section
of the Statements of Changes in Net Assets. The Fund may issue an unlimited
number of shares of beneficial interest, with no par value. All shares of the
Fund have equal rights and privileges.
2. SIGNIFICANT ACCOUNTING POLICIES
The following is a summary of significant
accounting policies followed by the Fund in the preparation of its financial
statements. These policies are in conformity with generally accepted
accounting principles in the United States of America (“GAAP”).
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
Securities
Valuation – All investments in securities are recorded at their estimated
fair value, as described in Note 3.
Federal Income
Taxes – The Fund intends to meet the requirements of subchapter M of the
Internal Revenue Code applicable to regulated investment companies and to
distribute substantially all net taxable investment income and net realized
gains to shareholders in a manner which results in no tax cost to the
Fund. Therefore, no federal income or excise tax provision is
required. As of December 31, 2022, the Fund did not have any tax positions
that did not meet the “more-likely-than-not” threshold of being sustained by the
applicable tax authority. The Fund recognizes interest and penalties, if
any, related to unrecognized tax benefits on uncertain tax positions as income
tax expense in the Statement of Operations. During the year ended December 31,
2022, the Fund did not incur any interest or penalties. The Fund is
subject to examination by U.S. taxing authorities for the tax periods since the
commencement of operations.
Securities
Transactions, Income and Distributions – Security transactions are
accounted for on the date the securities are purchased or sold (trade
date). Realized gains and losses are reported on a specific identified
cost basis. Interest income is recognized on an accrual basis, including
amortization of premiums and accretion of discounts. Dividend income and
distributions are recorded on the ex-dividend date. Withholding taxes on foreign
dividends have been provided for in accordance with the Fund’s understanding of
the applicable country’s tax rules and regulations. Distributions received from
the Fund’s investments generally are comprised of ordinary income and return of
capital. The Fund allocates distributions between investment income and return
of capital based on estimates made at the time such distributions are
received. Such estimates are based on information provided by each
portfolio company and other industry sources. These estimates may
subsequently be revised based on actual allocations received from the portfolio
companies after their tax reporting periods are concluded, as the actual
character of these distributions is not known until after the fiscal year end of
the Fund.
The Fund will make distributions of net
investment income, if any, annually. The Fund will also distribute net
realized capital gains, if any, annually. Distributions to shareholders
are recorded on the ex-dividend date. The treatment for financial
reporting purposes of distributions made to shareholders during the year from
net investment income or net realized capital gains may differ from their
ultimate treatment for federal income tax purposes. These differences are
caused primarily by differences in the timing of the recognition of certain
components of income, expense or realized capital gain for federal income tax
purposes. Where such differences are permanent in nature, GAAP requires
that they be reclassified in the components of the net assets based on their
ultimate characterization for federal income tax purposes. Any such
reclassifications will have no effect on net assets, results of operations or
net asset values per share of the Fund. For the year ended December 31, 2022,
the Fund decreased distributable earnings by $2,094,359 and increased capital
stock by $2,094,359. The reclass is primarily due to redemptions-in-kind.
Futures
Contracts – The Fund is subject to equity price risk in the normal course
of pursuing its investment objectives. The Fund uses futures contracts and
options on futures contracts to gain exposure to, or hedge against, changes in
the value of equities. A futures contract represents a commitment for the future
purchase or sale of an asset at a specified price on a specified date. Upon
entering into such contracts, the Fund is required to deposit with the broker,
either in cash or securities, an initial margin deposit in an amount equal to a
certain percentage of the contract amount. In addition, the Fund segregates
liquid securities when purchasing or selling futures contracts to comply with
Trust policies. Subsequent payments (variation margin) are made or received by
the Fund each day, depending on the daily fluctuations in the value of the
contract, and are recorded for financial statement purposes as unrealized gains
or losses by the Fund. Upon entering into such contracts, the Fund bears the
risk of
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
interest or exchange rates or securities prices
moving unexpectedly, in which case, the Fund may not achieve the anticipated
benefits of the futures contracts and may realize a loss. With futures, there is
minimal counterparty credit risk to the Fund since futures are exchange traded
and the exchange’s clearinghouse, as counterparty to all exchange-traded
futures, guarantees the futures against default. The use of futures contracts,
and options on futures contracts, involves the risk of imperfect correlation in
movements in the price of futures contracts and options thereon, interest rates
and the underlying hedged assets.
Use of
Estimates – The preparation of financial statements in conformity with
GAAP requires management to make estimates and assumptions that affect the
reported amounts of assets and liabilities and disclosure of contingent assets
and liabilities at the date of the financial statements and the reported amounts
of revenues and expenses during the reporting period. Actual results could
differ from those estimates.
Share Valuation
– The NAV per share of the Fund is calculated by dividing the sum of the
value of the securities held by the Fund, plus cash and other assets, minus all
liabilities (including estimated accrued expenses) by the total number of shares
outstanding for the Fund, rounded to the nearest cent. The Fund’s shares
will not be priced on the days on which the NYSE is closed for trading.
The offering and redemption price per share for the Fund is equal to the Fund’s
net asset value per share.
Indemnifications – Under the Trust’s
organizational documents, its officers and trustees are indemnified against
certain liabilities arising out of the performance of their duties to the
Trust. In addition, in the normal course of business, the Trust may enter
into contracts that provide general indemnification to other parties. The
Trust’s maximum exposure under these arrangements is unknown, as this would
involve future claims that may be made against the Trust that have not yet
occurred and may not occur. However, the Trust has not had prior claims or
losses pursuant to these contracts and expects the risk of loss to be remote.
Cash and Cash
Equivalents – Cash and cash equivalents include short-term, liquid
investments with an original maturity of three months or less and include money
market fund accounts.
Illiquid
Securities – A security may be considered illiquid if it lacks a readily
available market. Securities are generally considered liquid if they can be sold
or disposed of in the ordinary course of business within seven days at
approximately the price at which the security is valued by the Fund. Illiquid
securities may be valued by the Fund’s Valuation Designee as reflecting fair
value. The Fund will not hold more than 15% of the value of its net assets in
illiquid securities. At December 31, 2022, the Fund did not hold any illiquid
securities.
3. SECURITIES VALUATION
The Fund has adopted fair value accounting
standards, which establish an authoritative definition of fair value and set out
a hierarchy for measuring fair value. These standards require additional
disclosures about the various inputs and valuation techniques used to develop
the measurements of fair value, a discussion in changes in valuation techniques
and related inputs during the period and expanded disclosure of valuation levels
for major security types. These inputs are summarized in the three broad
levels listed below:
Level 1 – |
Quoted prices in active markets for
identical assets or liabilities. |
|
|
Level 2 – |
Observable inputs other than quoted
prices included in Level 1. These inputs may include quoted prices
for similar instruments, interest rates, prepayment speeds, credit risk,
yield curves, default rates and similar data. |
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
Level 3 – |
Significant unobservable inputs for the
asset or liability, representing the Fund’s view of assumptions a market
participant would use in valuing the asset or liability.
|
Following is a description of the valuation
techniques applied to the Fund’s major categories of assets and liabilities
measured at fair value on a recurring basis. The Fund’s investments are
carried at fair value.
Common stock
– Securities that are primarily traded on a national securities exchange
are valued at the last sale price on the exchange on which they are primarily
traded on the day of valuation or, if there has been no sale on such day, at the
mean between the bid and ask prices. Securities traded primarily on the
Nasdaq Global Market System for which market quotations are readily available
are valued using the Nasdaq Official Closing Price (“NOCP”). If the NOCP
is not available, such securities are valued at the last sale price on the day
of valuation, or if there has been no sale on such day, at the mean between the
bid and ask prices. To the extent these securities are actively traded and
valuation adjustments are not applied, they are categorized in Level 1 of the
fair value hierarchy.
Investment
Companies – Investments in other mutual funds, including money market
funds, are valued at their net asset value per share. To the extent these
securities are actively traded and valuation adjustments are not applied, they
are categorized in Level 1 of the fair value hierarchy.
Derivative
Instruments – Listed derivative, including options, rights, warrants and
futures that are actively traded are valued based on quoted prices from the
exchange and are categorized in Level 1 of the fair value hierarchy.
The Board of Trustees (the “Board”) has adopted
a pricing and valuation policy for use by the Fund and its Valuation Designee
(as defined below) in calculating the Fund's NAV. Pursuant to Rule 2a-5 under
the 1940 Act, the Fund has designated ASYMmetric ETFs, LLC (the “Adviser”) as
its “Valuation Designee” to perform all of the fair value determinations as well
as to perform all of the responsibilities that may be performed by the Valuation
Designee in accordance with Rule 2a-5. The Valuation Designee is authorized to
make all necessary determinations of the fair values of portfolio securities and
other assets for which market quotations are not readily available or if it is
deemed that the prices obtained from brokers and dealers or independent pricing
services are unreliable.
The inputs or methodology used for valuing
securities are not an indication of the risk associated with investing in those
securities.
The following table is a summary of the inputs
used to value the Fund’s securities by level within the fair value hierarchy as
of December 31, 2022:
|
|
Level 1 |
|
|
Level 2 |
|
|
Level 3 |
|
|
Total |
|
Common stock |
|
$ |
26,000,466 |
|
|
$ |
— |
|
|
$ |
— |
|
|
$ |
26,000,466 |
|
Short-term investment |
|
|
41,673 |
|
|
|
— |
|
|
|
— |
|
|
|
41,673 |
|
Total investments in securities |
|
$ |
26,042,139 |
|
|
$ |
— |
|
|
$ |
— |
|
|
$ |
26,042,139 |
|
Refer to the Fund’s Schedule of Investments for
additional industry information.
4. DERIVATIVES TRANSACTIONS
The Fund may use derivatives for different
purposes, such as a substitute for taking a position in the underlying asset
and/or as part of a strategy designed to reduce exposure to other risks, such as
equity, interest rate or currency risk. The various derivative instruments that
the Fund may use are options, futures contracts and options
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
on futures contracts and other derivative
securities. The Fund may also use derivatives for leverage, in which case their
use would involve leveraging risk. A Fund investing in a derivative instrument
could lose more than the principal amount invested.
Accounting Standards Codification Topic 815,
Derivatives and Hedging (“ASC 815”) requires enhanced disclosures about the
Fund’s use of, and accounting for, derivative instruments and the effect of
derivative instruments on the Fund’s results of operations and financial
position. Tabular disclosure regarding derivative fair value and gain/loss by
contract type (e.g., interest rate contracts, foreign exchange contracts, credit
contracts, etc.) is required and derivatives accounted for as hedging
instruments under ASC 815 must be disclosed separately from those that do not
qualify for hedge accounting. Even though the Fund may use derivatives in an
attempt to achieve an economic hedge, the Fund’s derivatives are not accounted
for as hedging instruments under ASC 815 because investment companies account
for their derivatives at fair value and record any changes in fair value in
current period earnings.
For the year ended December 31, 2022, the
Fund’s average quarterly notional values are as follows:
Fund |
Short Futures Contracts
|
|
ASYMshares ™
ASYMmetric S&P ®
500 ETF |
$4,575,807 |
|
The locations on the Statement of Assets and
Liabilities of the Fund’s derivative positions by type of exposure, all of which
are not accounted for as hedging instruments under ASC 815, are as follows:
Values of Derivative Instruments as of December
31, 2022, on the Statement of Assets and Liabilities:
|
Assets |
Liabilities
|
Derivatives not accounted for as |
|
|
|
|
hedging instruments under ASC 815 |
Location |
Fair Value |
Location |
Fair Value |
|
Net Assets – |
|
Net Assets – |
|
|
unrealized appreciation |
|
unrealized depreciation |
|
Equity Contracts – Futures |
on futures contracts** |
$ — |
on futures contracts** |
$ — |
** |
Includes cumulative
appreciation/depreciation on futures contracts as reported in the Schedule
of Open Futures Contracts. Cash held as collateral for futures contracts
on the Statement of Assets and Liabilities includes the daily change in
variation margin as of December 31, 2022. |
The effect of Derivative Instruments on the
Statement of Operations for the year ended December 31, 2022:
Amount of Realized Gain
(Loss) on Derivatives |
|
|
|
Derivatives not accounted for as |
|
|
hedging instruments
under ASC 815 |
Futures Contracts
|
|
Equity Contracts |
$(114,833) |
|
|
|
|
Change in Unrealized
Appreciation or (Depreciation) on Derivatives |
|
|
|
Derivatives not accounted for as |
|
|
hedging instruments
under ASC 815 |
Futures Contracts
|
|
Equity Contracts |
$11,941 |
|
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
5. GENERAL RISK
The global outbreak of COVID-19 (commonly
referred to as “coronavirus”) has disrupted economic markets and the prolonged
economic impact is uncertain. The ultimate economic fallout from the pandemic,
and the long-term impact on economies, markets, industries and individual
issuers, are not known. The operational and financial performance of the issuers
of securities in which the Fund invests depends on future developments,
including the duration and spread of the outbreak, and such uncertainty may in
turn adversely affect the value and liquidity of the Fund’s investments, impair
the Fund’s ability to satisfy redemption requests, and negatively impact the
Fund’s performance.
On February 24, 2022, Russia commenced a
military attack on Ukraine. The outbreak of hostilities between the two
countries could result in more widespread conflict and could have a severe
adverse effect on the region and the markets. In addition, sanctions imposed on
Russia by the United States and other countries, and any sanctions imposed in
the future could have a significant adverse impact on the Russian economy and
related markets. The price and liquidity of investments may fluctuate widely as
a result of the conflict and related events. How long such conflict and related
events will last and whether it will escalate further cannot be predicted, nor
its effect on the Fund.
6. INVESTMENT ADVISORY FEE AND OTHER
TRANSACTIONS WITH AFFILIATES
Pursuant to an Investment Advisory Agreement
(“Advisory Agreement”) between the Trust, on behalf of the Fund, and the
Adviser, the Adviser provides investment advice to the Fund and oversees the
day-to-day operations of the Fund, subject to the direction and control of the
Board and the officers of the Trust. Under the Advisory Agreement, the Adviser
agrees to pay all expenses of the Trust, except for (i) the fee payment under
this Advisory Agreement, (ii) payments under the Fund’s 12b-1 plan, (iii)
brokerage expenses, (iv) acquired fund fees and expenses, (v) taxes, (vi)
interest (including borrowing costs and dividend expenses on securities sold
short), and (vii) litigation expenses and other extraordinary expenses
(including litigation to which the Trust or the Fund may be a party and
indemnification of the Trustees and officers with respect thereto). For services
provided to the Fund, the Fund pays the Adviser 0.95% at an annual rate based on
the Fund’s average daily net assets.
The Adviser has engaged Toroso Investments, LLC
(the “Sub-Adviser”) as the Sub-Adviser to the Fund. Subject to the supervision
of the Adviser, the Sub-Adviser is primarily responsible for the day-to-day
management of the Fund’s portfolio, including purchase, retention and sale of
securities. Fees associated with these services are paid to the Sub-Adviser by
the Adviser.
U.S. Bancorp Fund Services, LLC, doing business
as U.S. Bank Global Fund Services (“Fund Services” or the “Administrator”) acts
as the Fund’s Administrator, Transfer Agent and Fund Accountant. U.S.
Bank, N.A. (the “Custodian”) serves as the custodian to the Fund. The
Custodian is an affiliate of the Administrator. The Administrator performs
various administrative and accounting services for the Fund. The
Administrator prepares various federal and state regulatory filings, reports and
returns for the Fund; prepares reports and materials to be supplied to the
Trustees and monitors the activities of the Fund’s custodian, transfer agent and
accountants. As compensation for its services, the Administrator is entitled to
a monthly fee at an annual rate based upon the average daily net assets of the
Fund, subject to annual minimums. Fees associated with these services are
paid by the Adviser. Foreside serves as the Fund’s distributor pursuant to a
distribution agreement.
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
The Fund has adopted a Distribution and Service
(12b-1) Plan (the “Plan”), pursuant to which payments of up to 0.25% of the
average daily net assets may be made by the Fund. The Board has not
currently approved the commencement of any payments under the Plan.
A Trustee and certain officers of the Trust are
also employees/officers of the Adviser and/or the Administrator.
7. INVESTMENT TRANSACTIONS
The aggregate purchases and sales, excluding
U.S. government securities, short-term investments and in-kind transactions, by
the Fund for the year ended December 31, 2022, were as follows:
|
Purchases |
Sales |
|
ASYMshares ™
ASYMmetric S&P 500 ®
ETF |
$68,619,464 |
$60,099,204 |
|
During the year ended December 31, 2022,
in-kind transactions associated with creation and redemptions were as follows:
|
Purchases |
Sales |
|
ASYMshares ™
ASYMmetric S&P 500 ®
ETF |
$31,427,223 |
$34,672,863 |
|
During the year ended December 31, 2022, net
capital gains resulting from in-kind redemptions were as follows:
ASYMshares ™
ASYMmetric S&P 500 ®
ETF |
$2,860,686 |
|
8. TAX INFORMATION
As of December 31, 2022, the Fund’s most
recently completed fiscal year end, cost of investments and distributable
earnings on a tax basis were as follows:
Cost of Investments |
|
$ |
26,877,351 |
|
Gross tax unrealized appreciation
|
|
$ |
386,693 |
|
Gross tax unrealized depreciation
|
|
|
(1,221,905 |
) |
Net unrealized depreciation |
|
|
(835,212 |
) |
Undistributed ordinary income |
|
|
8,590 |
|
Undistributed long-term capital gain
|
|
|
— |
|
Other accumulated loss |
|
|
(3,700,414 |
) |
Distributable earnings |
|
$ |
(4,527,036 |
) |
The basis of investments for tax and financial
reporting purposes differs principally due to the deferral of losses on wash
sales and C-corporation basis adjustments.
The tax character of distributions paid during
the years ended December 31, 2022 and 2021 were as follows:
|
|
2022 |
|
|
2021 |
|
Ordinary Income |
|
$ |
231,798 |
|
|
$ |
50,504 |
|
Long-Term Capital Gain |
|
$ |
— |
|
|
$ |
— |
|
Return of Capital |
|
$ |
— |
|
|
$ |
— |
|
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Notes
to the Financial Statements – Continued
December
31, 2022
The Fund intends to utilize provisions of the
federal income tax laws which allow it to carry a realized capital loss forward
and offset such losses against any future realized capital gains. At December
31, 2022, the Fund had $3,457,601 in short-term and $242,813 in long-term
capital loss carryovers, which may be carried forward for an unlimited
period. A regulated investment company may elect for any taxable year to
treat any portion of any qualified late year loss arising on the first day of
the next taxable year. Qualified late year losses are certain capital losses
which occur during the portion of the Fund’s taxable year subsequent to October
31. The Fund does not plan to defer any late year losses.
9. SUBSEQUENT EVENTS
Management has performed an evaluation of
subsequent events through the date the financial statements were issued and has
determined that no additional items require recognition or disclosure.
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Report
of Independent Registered Public Accounting Firm
To the Shareholders of ASYMsharesTM ASYMmetric
S&P 500 ® ETF
and Board of Trustees of ASYMmetric ETFsTM
Trust
Opinion on the Financial Statements
We have audited the accompanying statement of
assets and liabilities, including the schedule of investments, of ASYMsharesTM
ASYMmetric S&P 500 ®
(the “Fund”), a series of ASYMmetric ETFsTM Trust, as of December 31,
2022, the related statements of operations for the year then ended, the
statements of changes in net assets, the related notes, and the financial
highlights for each of the two periods in the period then ended (collectively
referred to as the “financial statements”). In our opinion, the financial
statements present fairly, in all material respects, the financial position of
the Fund as of December 31, 2022, the results of its operations in the year then
ended, the changes in net assets and the financial highlights for each of the
two periods in the period then ended, in conformity with accounting principles
generally accepted in the United States of America.
Basis for Opinion
These financial statements are the
responsibility of the Fund’s management. Our responsibility is to express an
opinion on the Fund’s financial statements based on our audits. We are a public
accounting firm registered with the Public Company Accounting Oversight Board
(United States) (“PCAOB”) and are required to be independent with respect to the
Fund in accordance with the U.S. federal securities laws and the applicable
rules and regulations of the Securities and Exchange Commission and the PCAOB.
We conducted our audits in accordance with the
standards of the PCAOB. Those standards require that we plan and perform the
audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement whether due to error or fraud.
Our audits included performing procedures to
assess the risks of material misstatement of the financial statements, whether
due to error or fraud, and performing procedures that respond to those risks.
Such procedures included examining, on a test basis, evidence regarding the
amounts and disclosures in the financial statements. Our procedures included
confirmation of securities owned as of December 31, 2022, by correspondence with
the custodian and brokers; when replies were not received from brokers, we
performed other auditing procedures. Our audits also included evaluating
the accounting principles used and significant estimates made by management, as
well as evaluating the overall presentation of the financial statements.
We believe that our audits provide a reasonable basis for our opinion.
We have served as the Fund’s auditor since
2021.
COHEN & COMPANY, LTD.
Cleveland, Ohio
March 1, 2023
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Board
Consideration of Investment Advisory and
Subadvisory
Agreements (Unaudited)
December
31, 2022
The Board (the members of which are referred to
as “Trustees”), including the Trustees who are not “interested persons” of the
Trust, as that term is defined in the Investment Company Act of 1940 Act, as
amended (the “Independent Trustees”), of the ASYMmetric ETFs Trust (the “Trust”)
met telephonically on November 30, 2022 to consider (1) the renewal of (a) the
existing investment advisory agreement (the “Advisory Agreement”) between the
Trust, on behalf of ASYMmetric Smart S&P 500 ® ETF
(“ASPY”), and ASYMmetric ETFs, LLC (the “Adviser”), and (b) the existing
subadvisory agreement (the “Subadvisory Agreement”) between the Adviser and
Toroso Investments, LLC (the “Subadviser”), with respect to ASPY, and (2) the
initial approval of (a) the Advisory Agreement between the Trust, on behalf of
the ASYMmetric Smart Alpha S&P 500 ® ETF
(“ZSPY”) and ASYMmetric Smart Income ETF (“MORE”, and together with ZSPY, the
“New ETFs”), and the Adviser, and (b) the Subadvisory Agreement between the
Adviser and Subadviser, with respect to the New ETFs (each an “Agreement”).
The Board considered approving each of the
Agreements and the engagement of the Adviser and the Subadviser separately with
respect to ASPY and each New Fund (each a “Fund” and together, the “Funds”). In
advance of the meeting, the Independent Trustees received and considered
information provided by the Adviser and Subadviser in response to the Trustees’
written requests related to the Board’s consideration of each Agreement. The
Board also noted that it considers information at each of its regularly
scheduled meetings related to, among other matters, the services provided by the
Adviser and Subadviser to each series of the Trust, and that such information
will include information related to the New ETFs after they are operational. The
Board considered that the Trustees also receive additional information outside
of regularly scheduled Board meetings and at executive sessions held by the
Independent Trustees. As a result, the Board considered that its evaluation
process with respect to the Adviser and Subadviser is an ongoing one. The
consideration of each Agreement was conducted by both the full Board and the
Independent Trustees, who also voted separately.
During their review and consideration, the
Board and the Independent Trustees focused on and analyzed the factors they
deemed relevant, including, but not limited to: (1) the nature, extent and
quality of the services provided, and to be provided, by each of the Adviser and
the Subadviser; (2) the investment advice and performance of each of the Adviser
and the Subadviser and the investment performance of ASPY; (3) the advisory fees
and total expenses paid by each Fund under the Agreements as compared to each
Fund’s peers; (4) the costs of the services provided and profits realized and
expected by each of the Adviser and the Subadviser and their affiliates from
their relationships with the Trust; (5) the extent to which economies of scale
would be realized and are expected to reduce Fund expenses as each Fund grows;
(6) any benefits derived or to be derived by each of the Adviser and the
Subadviser from the relationship with the Trust; and (7) potential conflicts of
interest and associated compliance regimes adopted by the Adviser and
Subadviser.
In reviewing such factors, the Board relied on
certain information, including (1) copies of the Agreements;
(2) information describing the Adviser, the Subadviser and the services
provided thereby; (3) information regarding the compliance programs of the
Adviser and the Subadviser; (4) copies of the Forms ADV for the Adviser and the
Subadviser; and (5) memoranda and guidance from K&L Gates LLP on the
fiduciary responsibilities of trustees, including the Independent Trustees, in
considering advisory agreements under the 1940 Act. In addition, as part of the
Adviser and Subadviser’s responses to due diligence questions, the Board was
provided with data and information comparing the advisory fees and expenses of
funds with similar investment objectives and policies as each of the Funds. The
Trustees also considered their personal experiences as Trustees and participants
in the ETF and mutual fund industry, as applicable.
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Board
Consideration of Investment Advisory and
Subadvisory
Agreements (Unaudited) – Continued
December
31, 2022
In particular, the Trustees, including the
Independent Trustees, considered and discussed the following with respect to
each Fund:
1. The
nature, extent and quality of the facilities and services provided by each of
the Adviser and the Subadviser. The Board received information on and
considered the division of responsibility of services provided by the Adviser
and the Subadviser, including the fact that portfolio management would be
conducted by the Subadviser. The Board reviewed the experience and resources
that the Subadviser had in managing exchange-traded fund portfolios, like the
Funds, including information regarding the education and experience of its
management and investment personnel. The Board recognized that the Adviser
invests significant time and effort in structuring new series of the Trust and
considered the time expended by ASYMmetric to structure the New ETFs, taking
note of the unique nature of the investment strategies of the New ETFs. The
Board reviewed the scope of services provided, and to be provided, by the
Adviser and Subadviser under the Agreements and noted that there would be no
significant differences between the scope of services provided by the Adviser
and Subadviser in the past year and those to be provided in the upcoming year.
The Board determined that the Funds would benefit from the services and
resources available from the Adviser and the Subadviser, with respect to their
responsibilities under each of the Agreements.
2. Investment performance with respect to ASPY.
The Board focused on the correlation of ASPY’s return to its index’s
performance for the previous year (“tracking error”). The Board also reviewed
the performance of the Fund for the previous period compared to a group of peers
developed through data from Morningstar, Inc., as well as performance reports
provided at regular Board meetings throughout the year. The Board noted that the
Fund’s tracking error was generally within the expected range during the
reviewed periods and the comparative performance of the Fund was better than the
average of the peers reviewed.
3. The
advisory fees paid by and overall expenses of the Funds. The Board
considered the fairness and reasonableness of the investment advisory and
subadvisory fee rates payable to the Adviser and Subadviser, respectively, by
each Fund in light of the fee rates paid by other investment companies offering
strategies similar in nature to the Funds. The Board considered comprehensive
data and information, using data from Morningstar, Inc., comparing the advisory
fees and expense ratios of the Funds to those of other funds with common
characteristics, such as asset size, investment objective or industry focus. In
particular, the Board noted that the Adviser charges, or proposed to charge, a
unitary advisory fee to each Fund. The Adviser noted that under the unitary fee
structure, the Adviser, and not the Fund, would be responsible for paying almost
all of the expenses necessary to service the Fund, other than the advisory fees
paid, or proposed, under the Agreements, including those of other service
providers, and that the Adviser would bear the risk of these expenses
increasing. The Board noted that the Funds were not expected to incur additional
expenses besides the unitary advisory fee. The Board considered that the unitary
fee structure is becoming more prevalent among other ETFs as a way to
rationalize expenses for shareholders and obviate the need for an expense
limitation agreement, and its subsequent annual renewals. The Board also
observed that the unitary fee provides predictability in Fund expenses at
various asset levels and also protects the Funds against the risks of increases
in third-party service provider fees and other expenses covered under the
unitary fee.
Although the Board determined that each Fund
was distinct in ways from its peer group, the Board determined that the advisory
and subadvisory fees charged or proposed and overall expenses of each Fund were
competitive and in line with the related universe of funds reviewed. In light of
the nature, quality, and extent of services
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Board
Consideration of Investment Advisory and
Subadvisory
Agreements (Unaudited) – Continued
December
31, 2022
provided by the Adviser and Subadviser and the
costs incurred by the Adviser and Subadviser in rendering those services, the
Board concluded that the level of fees paid or proposed to be paid to the
Adviser and Subadviser with respect to each Fund were fair and reasonable.
4. Cost
of services provided to the Funds and financial condition of each of the Adviser
and the Subadviser. After considering information relating to the
financial condition of the Adviser and Subadviser, as well as the fees and
operating costs relating to the management of the Funds, the Board determined
that each of the Adviser and Subadviser are capable of providing services to the
Funds. In this determination, the Board considered the fact that the Adviser
would be paying for most of the expenses of the Funds under the unitary fee
arrangement applicable to each Fund.
5. The
potential economies of scale that are expected to reduce Fund expenses as each
Fund grows. The Board considered the Adviser’s efforts to attract new
investment in the Funds as well as the current breakpoints included in the
Subadvisory Agreement with respect to each Fund. It determined that the expense
ratios of each Fund were well suited in light of the current size of ASPY and
the expectations for asset accumulation and projected growth of each Fund.
6. Other
benefits expected to derive from relationships with the Trust. The Board
considered the extent to which the Adviser and Subadviser could derive
“fall-out” benefits from their relationships with the Funds and noted that the
potential for fall-out benefits was limited to intangible benefits such as
greater name recognition or the ability to attract additional assets through
greater publicity.
7. Possible conflicts of interest. The Board
considered the experience and ability of the advisory personnel assigned to the
Funds and the brokerage policies of the Subadviser (including a discussion of
the execution policies of the Subadviser), and the substance and administration
of the codes of ethics of the Trust, Adviser and Subadviser. The Board
determined that the personnel and compliance policies of the Trust, Adviser and
Subadviser were each well designed to monitor and address conflicts of interest.
Based on the foregoing and such other matters
as were deemed relevant, and while no single factor was determinative in the
decision, all of the Trustees, including the Independent Trustees, concluded
that the advisory fee rates and total expense ratios are fair and reasonable in
relation to the services provided by the Adviser to each Fund, as well as the
costs incurred and the benefits gained by the Adviser in providing such
services. The Board also found the investment advisory fees paid to the Adviser
to be reasonable in comparison to the fees charged by advisers to other
comparable funds of similar anticipated size and with similar strategies. Based
on these and other considerations, the Board, in the exercise of its reasonable
business judgment, determined that the fees and expenses proposed for each Fund
were fair and reasonable and in the best interests of the shareholders of the
Funds. As a result, all of the Board members, including the Independent
Trustees, approved the Investment Advisory Agreement.
With respect to the Sub-Adviser, and based on
the foregoing analysis and such other matters as were deemed relevant, and while
no single factor was determinative in the decision, all of the Trustees,
including the Independent Trustees, concluded that the subadvisory fee rates and
total expense ratios are fair and reasonable in relation to the services
provided by the Subadviser to each Fund, as well as the costs incurred and the
benefits gained by the Subadviser in providing such services. Based on these and
other considerations, the Board, in the exercise of its reasonable business
judgment, determined that the fees and expenses proposed for each Fund were fair
and reasonable and in the best interests of the shareholders of the Funds. As a
result, all of the Trustees, including the Independent Trustees, approved the
Subadvisory Agreement.
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Additional
Information (Unaudited)
December
31, 2022
TRUSTEES AND OFFICERS
|
|
Term of |
|
|
|
|
|
Office |
Number of |
|
Other |
Name, |
|
and |
Portfolios |
Principal |
Directorships
|
Address |
Position(s) |
Length |
in Trust |
Occupation(s) |
Held by Trustee
|
and Year |
Held with |
of Time |
Overseen |
During the Past
|
During the Past
|
of Birth |
the Trust |
Served |
by Trustee |
Five Years |
5 Years |
Independent
Trustees |
Vivienne Hsu |
Trustee |
Term |
1 |
LENDonate, Inc., |
None |
158 East 126th |
|
Unlimited; |
|
Founder & CEO |
|
Street, Suite 304, |
|
Since |
|
|
|
New York, NY 10035 |
|
January 2021 |
|
|
|
Year of Birth: 1968 |
|
|
|
|
|
|
|
|
|
|
|
Winston I. Lowe |
Trustee |
Term |
1 |
Lowe and Associates LLC, |
Haverford Trust |
158 East 126th |
|
Unlimited; |
|
Managing Partner |
Company; Impact |
Street, Suite 304, |
|
Since |
|
|
Shares ETF |
New York, NY 10035 |
|
January 2021 |
|
|
|
Year of Birth: 1951 |
|
|
|
|
|
|
|
|
|
|
|
Suzanne Siracuse |
Trustee |
Term |
1 |
Suzanne Siracuse |
None |
158 East 126th |
|
Unlimited; |
|
Consulting Services, LLC, |
|
Street, Suite 304, |
|
Since |
|
Founder & CEO |
|
New York, NY 10035 |
|
January 2021 |
|
(August 2019 – Present); |
|
Year of Birth: 1965 |
|
|
|
Investment News, Publisher |
|
|
|
|
|
(March 1996 – August 2019) |
|
|
|
|
|
|
|
William Thomas |
Trustee |
Term |
1 |
Wedgewood Partners, Inc., |
Aberdeen Standard |
158 East 126th |
|
Unlimited; |
|
President |
ETF Trust |
Street, Suite 304, |
|
Since |
|
|
|
New York, NY 10035 |
|
January 2021 |
|
|
|
Year of Birth: 1962 |
|
|
|
|
|
|
|
|
|
|
|
Interested
Trustee |
Darren Schuringa |
Chairman |
Indefinite |
1 |
ASYMmetric ETFs, LLC, |
None |
158 East 126th |
and Trustee; |
Term; Since |
|
President & CEO |
|
Street, Suite 304, |
President and |
August 2020 |
|
(November 2017 – Present); |
|
New York, NY 10035 |
Principal |
|
|
Yorkville Capital Management, |
|
Year of Birth: 1967 |
Executive |
|
|
Founder & CEO (2006 – Present) |
|
|
Officer |
|
|
|
|
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Additional
Information (Unaudited) – Continued
December
31, 2022
|
|
Term of |
|
|
|
|
|
Office |
Number of |
|
Other |
Name, |
|
and |
Portfolios |
Principal |
Directorships
|
Address |
Position(s) |
Length |
in Trust |
Occupation(s) |
Held by Trustee
|
and Year |
Held with |
of Time |
Overseen |
During the Past
|
During the Past
|
of Birth |
the Trust |
Served |
by Trustee |
Five Years |
5 Years |
Officers
|
Aaron Berson |
Treasurer, |
Since |
N/A |
Fringe Advisory Co LLC, |
N/A |
158 East 126th |
Principal |
January 2021 |
|
Founder and CEO |
|
Street, Suite 304, |
Financial |
|
|
(August 2019 – Present); |
|
New York, NY 10035 |
Officer and |
|
|
Gettry Marcus, Managing |
|
Year of Birth: 1987 |
Chief |
|
|
Director of VRTL |
|
|
Financial |
|
|
(January 2019 – August 2019); |
|
|
Officer |
|
|
EisnerAmper, Senior |
|
|
|
|
|
Manager (November 2010 – |
|
|
|
|
|
December 2018) |
|
|
|
|
|
|
|
Scott J. Clark |
Secretary, |
Secretary |
N/A |
ASYMmetric ETFs, LLC, |
N/A |
158 East 126th |
Anti-Money |
(Since |
|
Managing Director |
|
Street, Suite 304, |
Laundering |
August 2020); |
|
(March 2018 – Present); |
|
New York, NY 10035 |
Officer and |
Anti-Money |
|
Ogg Trading, Managing |
|
Year of Birth: 1967 |
Chief Legal |
Laundering |
|
Director (June 2014 – |
|
|
Officer |
Officer and |
|
March 2018) |
|
|
|
Chief Legal |
|
|
|
|
|
Officer (Since |
|
|
|
|
|
February 2021) |
|
|
|
|
|
|
|
|
|
Douglas N. Tyre |
Chief |
Since |
N/A |
Cipperman Compliance |
N/A |
158 East 126th |
Compliance |
January 2021 |
|
Services, LLC, Compliance |
|
Street, Suite 304, |
Officer |
|
|
Director (July 2019 – Present); |
|
New York, NY 10035 |
|
|
|
Assistant Compliance Director |
|
Year of Birth: 1981 |
|
|
|
(January 2018 – June 2019); |
|
|
|
|
|
Manager (April 2014 – |
|
|
|
|
|
December 2017) |
|
|
|
|
|
|
|
Benjamin Eirich |
Assistant |
Since |
N/A |
Assistant Vice President, |
N/A |
158 East 126th |
Treasurer |
January 2021 |
|
U.S. Bancorp Fund |
|
Street, Suite 304, |
and Assistant |
|
|
Services, LLC (2008 – Present). |
|
New York, NY 10035 |
Secretary |
|
|
|
|
Year of Birth: 1981 |
|
|
|
|
|
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Additional
Information (Unaudited) – Continued
December
31, 2022
AVAILABILITY OF FUND PORTFOLIO INFORMATION
The Fund files complete schedules of portfolio
holdings with the SEC for the first and third quarters of each fiscal year
on Part F of Form N-PORT. The Fund’s Part F of Form N-PORT is available on
the SEC’s website at www.sec.gov and may be reviewed and copied at the SEC’s
Public Reference Room in Washington, D.C. Information on the operation of the
Public Reference Room may be obtained by calling 1-800-732-0330. The Fund’s Part
F of Form N-PORT may also be obtained by calling toll-free 1-866-ASYM777 or
1-866-279-6777.
AVAILABILITY OF PROXY VOTING INFORMATION
A description of the Fund’s Proxy Voting
Policies and Procedures is available without charge, upon request, by calling
1-866-ASYM777 or 1-866-279-6777. Information regarding how the Fund voted
proxies relating to portfolio securities during the most recent 12 month period
ended December 31, is available (1) without charge, upon request, by calling
1-866-ASYM777 or 1-866-279-6777, or (2) on the SEC’s website at www.sec.gov.
QUALIFIED DIVIDEND INCOME/DIVIDENDS RECEIVED
DEDUCTION
For the fiscal period ended December 31, 2022,
certain dividends paid by the Fund may be reported as qualified dividend income
and may be eligible for taxation at capital gain rates. The percentage of
dividends declared from ordinary income designated as qualified dividend income
was 95.24%.
For corporate shareholders, the percent of
ordinary income distributions qualifying for the corporate dividends received
deduction for the fiscal period ended December 31, 2022 was 100.00%.
The percentage of taxable ordinary income
distributions that are designated as short-term capital gain distributions under
Internal Revenue Section 871(k)(2)(C) was 0.00%.
FREQUENCY DISTRIBUTION OF PREMIUMS AND DISCOUNTS
Information regarding how often shares of the
Fund trades on the Exchange at a price about (i.e., at a premium) or below
(i.e., at a discount) the NAV of the Fund is available, free of charge, on the
Fund’s website at asymshares.com.
ASYM shares ™
ASYM metric S&P 500 ®
ETF
Privacy
Notice (Unaudited)
The Fund collects only relevant information
about you that the law allows or requires us to have in order to conduct our
business and properly service you. The Fund collects financial and personal
information about you (“Personal Information”) directly (e.g., information on
account applications and other forms, such as your name, address, and social
security number, and information provided to access account information or
conduct account transactions online, such as password, account number, e-mail
address, and alternate telephone number), and indirectly (e.g., information
about your transactions with us, such as transaction amounts, account balance
and account holdings).
The Fund does not disclose
any non-public personal information about its shareholders or former
shareholders other than for everyday business purposes such as to process a
transaction, service an account, to respond to court orders and legal
investigations or as otherwise permitted by law. Third parties that may
receive this information include companies that provide transfer agency,
technology and administrative services to the Fund, as well as the Fund’s
investment adviser who is an affiliate of the Fund. If you maintain a
retirement/educational custodial account directly with the Fund, we may also
disclose your Personal Information to the custodian for that account for
shareholder servicing purposes. We limit access to your Personal Information
provided to unaffiliated third parties to information necessary to carry out
their assigned responsibilities to the Fund. All shareholder records will be
disposed of in accordance with applicable law. The Trust maintains physical,
electronic and procedural safeguards to protect Personal Information and
requires its third parties service provides with access to such information to
treat the Personal Information with the same high degree of confidentiality.
In the event that you hold
shares of a Fund through a financial intermediary, including, but not limited
to, a broker-dealer, bank, credit union or trust company, the privacy policy of
the your financial intermediary would govern how their non-public personal
information would be shared with unaffiliated third parties.
With respect to the Fund,
issues and redemptions of their shares at net asset value (“NAV”) occur only in
large aggregations of a specified number of shares (e.g., 30,000) called
“Creation Units.” Only Authorized Participants (“APs”) may acquire shares
directly from an ETF, and only APs may tender their ETF shares for redemption
directly to the ETF, at NAV. APs must be (i) a broker-dealer or other
participant in the clearing process through the Continuous Net Settlement System
of the NSCC, a clearing agency that is registered with the SEC; or (ii) a DTC
participant. In addition, each AP must execute a Participant Agreement that has
been agreed to by the Fund’s distributor, and that has been accepted by the
Fund’s transfer agent, with respect to purchases and redemptions of Creation
Units.
Because of this structure,
the Fund does not have any information regarding any “consumers” as defined in
Rule 3 of Regulation S-P with respect to any ETFs, and consequently are not
required by Regulation S-P to deliver a notice of the Fund’s privacy policy to
any ETF shareholders.
CONTACTS
BOARD OF TRUSTEES
Darren Schuringa
Vivienne Hsu
Winston Lowe
Suzanne Siracuse
William Thomas
INVESTMENT ADVISER
ASYMmetric ETFs, LLC
158 East 126th Street, Suite 304
New York, NY 10035
INDEPENDENT REGISTERED
PUBLIC ACCOUNTING FIRM
Cohen & Company, Ltd.
1350 Euclid Avenue, Suite 800
Cleveland, OH 44115
TRANSFER AGENT, FUND
ACCOUNTANT
AND FUND ADMINISTRATOR
U.S. Bancorp Fund Services, LLC
615 East Michigan Street
Milwaukee, WI 53202
DISTRIBUTOR
Foreside Fund Services, LLC
Three Canal Plaza, Suite 100
Portland, ME 04101
CUSTODIAN
U.S. Bank, N.A.
1555 North Rivercenter Drive
Milwaukee, WI 53212
FUND COUNSEL
K&L Gates LLP
599 Lexington Avenue
New York, NY 10022
866-ASYM777
(866-279-6777)
This report must be
accompanied or preceded by a prospectus.
The Fund’s Statement of
Additional Information contains additional information about the Fund’s
trustees and is available
without charge upon request by calling 1-866-ASYM777 or 1-866-279-6777.