485BPOS 1 jacobforwardetfposex.htm JACOB FORWARD ETF 485B EXHIBITS ONLY Jacob Forward ETF POS EX

Filed with the U.S. Securities and Exchange Commission on June 22, 2021

1933 Act Registration File No.333-82865
1940 Act File No. 811-09447
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-1A
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933[X]
Pre-Effective Amendment No.[]
Post-Effective Amendment No.43[X]
and/or
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940[X]
Amendment No.46[X]
(Check appropriate box or boxes)

Jacob Funds Inc.
(Exact Name of Registrant as Specified in Charter)
c/o Jacob Asset Management of New York LLC
727 2nd Street #106, Hermosa Beach, California 90254
(Address of Principal Executive Offices)     (Zip Code)
(424) 237-2164
(Registrant’s Telephone Number, including Area Code)
Ryan I. Jacob, c/o Jacob Asset Management of New York LLC
727 2nd Street #106, Hermosa Beach, California 90254
(Name and Address of Agent for Service of Process)
With Copies to:
Michael P. O’Hare, Esq.
Stradley Ronon Stevens & Young, LLP
2005 Market Street, Suite 2600
Philadelphia, PA 19103

The Prospectus and Statement of Additional Information, each in the form filed on May 24, 2021, in Post-Effective Amendment No. 42 to the Registrant’s Registration Statement on Form N-1A (File Nos. 333-82865, 811-09447) (Accession No. 0000894189-21-003219) are incorporated herein by reference.

The sole purpose of this amendment is to file as exhibits to this Registration Statement (i) Articles of Amendment and Restatement and (ii) various agreements related to the Jacob Forward ETF.



JACOB FUNDS INC.

N-1A PART C

OTHER INFORMATION

ITEM 28. EXHIBITS

The following exhibits are incorporated by reference to the Registrant’s previously filed documents indicated below, except as noted:
(a)
Articles of Amendment and Restatement of the Registrant dated May 26, 2021 - filed herewith.
(c)
Instruments Defining Rights of Security Holders.
 
See the SIXTH and EIGHTH Articles of the Registrant’s Articles of Amendment and Restatement.
 
See also, Article II, “Meetings of Stockholders,” of the Registrant’s By-Laws.

(i)
(ii)
(iii)



(i)
(ii)
(iii)
(i)
(e)(2)
ETF Distribution Agreement between the Registrant and Quasar Distributors, LLC on behalf of the the Jacob Forward ETF - filed herewith.
(e)(3)
ETF Distribution Services Agreement between the Registrant and Quasar Distributors, LLC on behalf of the Jacob Forward ETF - filed herewith.
(f)     Bonus or Profit Sharing Contracts.
Not applicable.








ITEM 29. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE REGISTRANT

None.




ITEM 30. INDEMNIFICATION

In accordance with Section 2-418 of the General Corporation Law of the State of Maryland, Article NINTH of the Registrant’s Articles of Amendment and Restatement provides as follows:

NINTH: (1) To the maximum extent permitted by the Maryland General Corporation Law, the Corporation, including its successors and assigns, shall indemnify and, without requiring a preliminary determination of the ultimate entitlement to indemnification, shall pay or reimburse reasonable expenses in advance of the final disposition of a proceeding to any person who is a current or former director or officer and who is made or threatened to be made a party to, or witness in, the proceeding by reason of his or her service in that capacity (which shall include, with respect to any such person, any person who, while a director or officer of the Corporation, is or was serving at the request of the Corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, limited liability company, other enterprise, or employee benefit plan and who is made or threatened to be made a party to, or witness in, the proceeding by reason of his or her service in that capacity). The By-Laws may provide that the Corporation shall indemnify its current and former employees and/or agents in any manner and within such limits as permitted by applicable law. Such indemnification shall be in addition to any other right or claim to which any current or former director, officer, employee or agent may otherwise be entitled. The Corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Corporation or is or was serving at the request of the Corporation as a director, officer, partner, trustee, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust, limited liability company, other enterprise or employee benefit plan, against any liability (including, with respect to employee benefit plans, excise taxes) asserted against and incurred by such person in any such capacity or arising out of such person’s position, whether or not the Corporation would have had the power to indemnify against such liability. The rights provided to any person by this Article NINTH shall be enforceable against the Corporation by such person who shall be presumed to have relied upon such rights in serving or continuing to serve in the capacities indicated herein.

(2) No provision of this Article NINTH shall be effective to protect or purport to protect any director or officer of the Corporation against liability to the Corporation or its stockholders to which he or she would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office.

(3) No amendment of this charter or repeal of any of its provisions, nor the adoption or amendment of any provision of the By-Laws inconsistent with this Article NINTH, shall apply to or affect in any respect the applicability of the preceding sections of this Article NINTH.

ITEM 31. BUSINESS AND OTHER CONNECTIONS OF THE INVESTMENT ADVISER

The description of Jacob Asset Management of New York LLC (“Adviser”) under the caption “Management, Organization and Capital Structure” in the Prospectus and “Management of the Fund” and “Investment Advisory and Other Services” in the Statement of Additional Information of the Registration Statement is incorporated herein by reference.

For information as to any other business, profession, vocation or employment of a substantial nature in which each Director or officer of the Adviser is or has been engaged for his own account or in the capacity of director, officer, employee, partner or trustee within the last two fiscal years, reference is made to the Adviser’s Form ADV (File #801-56730) currently on file with the U.S. Securities and Exchange Commission as required by the Investment Advisers Act of 1940, as amended.

ITEM 32. PRINCIPAL UNDERWRITER
(a)    Quasar Distributors, LLC, the Registrant’s principal underwriter, acts as principal underwriter for the following investment companies:




Aasgard Small & Mid Cap Fund, Series of Advisors Series TrustPIA Short-Term Securities Fund, Series of Advisors Series Trust
American Trust Allegiance Fund, Series of Advisors Series TrustPoplar Forest Cornerstone Fund, Series of Advisors Series Trust
Capital Advisors Growth Fund, Series of Advisors Series TrustPoplar Forest Partners Fund, Series of Advisors Series Trust
Chase Growth Fund, Series of Advisors Series TrustPzena Emerging Markets Value Fund, Series of Advisors Series Trust
Davidson Multi Cap Equity Fund, Series of Advisors Series TrustPzena International Small Cap Value Fund, Series of Advisors Series Trust
Edgar Lomax Value Fund, Series of Advisors Series TrustPzena Mid Cap Value Fund, Series of Advisors Series Trust
First Sentier American Listed Infrastructure Fund, Series of Advisors Series TrustPzena Small Cap Value Fund, Series of Advisors Series Trust
First Sentier Global Listed Infrastructure Fund, Series of Advisors Series TrustScharf Alpha Opportunity Fund, Series of Advisors Series Trust
Fort Pitt Capital Total Return Fund, Series of Advisors Series TrustScharf Fund, Series of Advisors Series Trust
Huber Large Cap Value Fund, Series of Advisors Series TrustScharf Global Opportunity Fund, Series of Advisors Series Trust
Huber Select Large Cap Value Fund, Series of Advisors Series TrustScharf Multi-Asset Opportunity Fund, Series of Advisors Series Trust
Huber Mid Cap Value Fund, Series of Advisors Series TrustSemper MBS Total Return Fund, Series of Advisors Series Trust
Huber Small Cap Value Fund, Series of Advisors Series TrustSemper Short Duration Fund, Series of Advisors Series Trust
Logan Capital International Fund, Series of Advisors Series TrustShenkman Capital Floating Rate High Income Fund, Series of Advisors Series Trust
Logan Capital Large Cap Core Fund, Series of Advisors Series TrustShenkman Capital Short Duration High Income Fund, Series of Advisors Series Trust
Logan Capital Large Cap Growth Fund , Series of Advisors Series TrustThe Aegis Funds
Logan Capital Small Cap Growth Fund, Series of Advisors Series TrustAllied Asset Advisors Funds
O'Shaughnessy Market Leaders Value Fund, Series of Advisors Series TrustAlpha Architect ETF Trust
PIA BBB Bond Fund, Series of Advisors Series TrustAngel Oak Funds Trust
PIA High Yield Fund, Series of Advisors Series TrustBarrett Opportunity Fund, Inc.
PIA High Yield Managed Account Completion Shares (MACS) Fund, Series of Advisors Series TrustBridges Investment Fund, Inc.
PIA MBS Bond Fund, Series of Advisors Series TrustBrookfield Investment Funds
AAM S&P 500 Emerging Markets High Dividend Value ETF, Series of ETF Series SolutionsBuffalo Funds
AAM S&P 500 High Dividend Value ETF, Series of ETF Series Solutions
Cushing® Mutual Funds Trust
AAM S&P Developed Markets High Dividend Value ETF, Series of ETF Series SolutionsDoubleLine Funds Trust
The Acquirers Fund, Series of ETF Series SolutionsEcofin Tax-Advantaged Social Impact Fund, Inc. (f/k/a Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.)
AI Powered International Equity ETF, Series of ETF Series SolutionsAAM Low Duration Preferred and Income Securities ETF, Series of ETF Series Solutions
AlphaClone Alternative Alpha ETF, Series of ETF Series SolutionsLoncar China BioPharma ETF, Series of ETF Series Solutions



AlphaMark Actively Managed Small Cap ETF, Series of ETF Series SolutionsNationwide Maximum Diversification Emerging Markets Core Equity ETF, Series of ETF Series Solutions
Aptus Collared Income Opportunity ETF, Series of ETF Series SolutionsNationwide Maximum Diversification US Core Equity ETF, Series of ETF Series Solutions
Aptus Defined Risk ETF, Series of ETF Series SolutionsNationwide Risk-Based International Equity ETF, Series of ETF Series Solutions
Aptus Drawdown Managed Equity ETF, Series of ETF Series SolutionsNationwide Risk-Based US Equity ETF, Series of ETF Series Solutions
Blue Horizon BNE ETF, Series of ETF Series SolutionsNationwide Risk-Managed Income ETF, Series of ETF Series Solutions
CBOE Vest S&P 500 Dividend Aristocrats Target Income ETF, Series of ETF Series SolutionsNETLease Corporate Real Estate ETF, Series of ETF Series Solutions
Change Finance Diversified Impact US Large Cap Fossil Fuel Free ETF, Series of ETF Series SolutionsOpus Small Cap Value ETF, Series of ETF Series Solutions
ClearShares OCIO ETF, Series of ETF Series SolutionsPremise Capital Diversified Tactical ETF, Series of ETF Series Solutions
ClearShares Piton Intermediate Fixed Income Fund, Series of ETF Series SolutionsUS Global GO GOLD and Precious Metal Miners ETF, Series of ETF Series Solutions
ClearShares Ultra-Short Maturity ETF, Series of ETF Series SolutionsUS Global JETS ETF, Series of ETF Series Solutions
Deep Value ETF, Series of ETF Series SolutionsUS Vegan Climate ETF, Series of ETF Series Solutions
Distillate International Fundamental Stability & Value ETF, Series of ETF Series SolutionsVolshares Large Cap ETF, Series of ETF Series Solutions
Distillate US Fundamental Stability & Value ETF, Series of ETF Series SolutionsFirst American Funds, Inc.
Hoya Capital Housing ETF, Series of ETF Series SolutionsFundX Investment Trust
LHA Market State Alpha Seeker ETF, Series of ETF Series SolutionsThe Glenmede Fund, Inc.
LHA Market State Tactical Beta ETF, Series of ETF Series SolutionsThe Glenmede Portfolios
LHA Market State US Tactical ETF, Series of ETF Series SolutionsThe GoodHaven Funds Trust
Loncar Cancer Immunotherapy ETF, Series of ETF Series SolutionsGreenspring Fund, Incorporated
ATAC Rotation Fund, Series of Managed Portfolio SeriesHarding, Loevner Funds, Inc.
Cove Street Capital Small Cap Value Fund, Series of Managed Portfolio SeriesHennessy Funds Trust
Ecofin Digital Payments Infrastructure Fund, Series of Managed Portfolio SeriesHorizon Funds
Ecofin Global Renewables Infrastructure Fund, Series of Managed Portfolio SeriesHotchkis & Wiley Funds
Ecofin Global Water ESG Fund, Series of Managed Portfolio SeriesIntrepid Capital Management Funds Trust
Great Lakes Bond Fund, Series of Managed Portfolio SeriesJacob Funds Inc.
Great Lakes Disciplined Equity Fund, Series of Managed Portfolio SeriesThe Jensen Quality Growth Fund Inc.
Great Lakes Large Cap Value Fund, Series of Managed Portfolio SeriesKirr, Marbach Partners Funds, Inc.
Great Lakes Small Cap Opportunity Fund, Series of Managed Portfolio SeriesAAF First Priority CLO Bond ETF, Series of Listed Funds Trust
Jackson Square Global Growth Fund, Series of Managed Portfolio SeriesCore Alternative ETF, Series of Listed Funds Trust



Jackson Square International Growth Fund, Series of Managed Portfolio SeriesWahed FTSE USA Shariah ETF, Series of Listed Funds Trust
Jackson Square Large-Cap Growth Fund, Series of Managed Portfolio SeriesLKCM Funds
Jackson Square Select 20 Growth Fund, Series of Managed Portfolio SeriesLoCorr Investment Trust
Jackson Square SMID-Cap Growth Fund, Series of Managed Portfolio SeriesLord Asset Management Trust
LK Balanced Fund, Series of Managed Portfolio SeriesMainGate Trust
Muhlenkamp Fund, Series of Managed Portfolio SeriesTortoise MLP & Energy Income Fund, Series of Managed Portfolio Series
Nuance Concentrated Value Fund, Series of Managed Portfolio SeriesTortoise MLP & Energy Infrastructure Fund, Series of Managed Portfolio Series
Nuance Concentrated Value Long Short Fund, Series of Managed Portfolio SeriesTortoise MLP & Pipeline Fund, Series of Managed Portfolio Series
Nuance Mid Cap Value Fund, Series of Managed Portfolio SeriesTortoise North American Pipeline Fund, Series of Managed Portfolio Series
Port Street Quality Growth Fund, Series of Managed Portfolio SeriesArgent Small Cap Fund, Series of Manager Directed Portfolios
Principal Street High Income Municipal Fund, Series of Managed Portfolio SeriesHardman Johnston International Growth Fund, Series of Manager Directed Portfolios
Reinhart Genesis PMV Fund, Series of Managed Portfolio SeriesHood River Small-Cap Growth Fund, Series of Manager Directed Portfolios
Reinhart Mid Cap PMV Fund, Series of Managed Portfolio SeriesiM DBi Hedge Strategy ETF, Series of Manager Directed Portfolios
TorrayResolute Small/Mid Cap Growth Fund, Series of Managed Portfolio SeriesiM DBi Managed Futures Strategy ETF, Series of Manager Directed Portfolios
Tortoise Energy Evolution Fund, Series of Managed Portfolio SeriesiM Dolan McEniry Corporate Bond Fund, Series of Manager Directed Portfolios
Boston Partners Emerging Markets Fund, Series of RBB Fund, Inc.Pemberwick Fund, Series of Manager Directed Portfolios
Boston Partners Emerging Markets Long/Short Fund, Series of RBB Fund, Inc.Vert Global Sustainable Real Estate Fund, Series of Manager Directed Portfolios
Boston Partners Global Equity Advantage Fund, Series of RBB Fund, Inc.Matrix Advisors Funds Trust
Boston Partners Global Equity Fund, Series of RBB Fund, Inc.Matrix Advisors Value Fund, Inc.
Boston Partners Global Long/Short Fund, Series of RBB Fund, Inc.Monetta Trust
Boston Partners Long/Short Equity Fund, Series of RBB Fund, Inc.Nicholas Equity Income Fund, Inc.
Boston Partners Long/Short Research Fund, Series of RBB Fund, Inc.Nicholas Fund, Inc.
Boston Partners Small Cap Value II Fund, Series of RBB Fund, Inc.Nicholas II, Inc.
Campbell Advantage Fund, Series of RBB Fund, Inc.Nicholas Limited Edition, Inc.
Campbell Systematic Macro Fund, Series of RBB Fund, Inc.Permanent Portfolio Family of Funds
MFAM Small-Cap Growth ETF, Series of RBB Fund, Inc.Perritt Funds, Inc.
Motley Fool 100 Index ETF, Series of RBB Fund, Inc.Procure ETF Trust II
Orinda Income Opportunities Fund, Series of RBB Fund, Inc.Professionally Managed Portfolios
SGI Conservative Fund, Series of RBB Fund, Inc.Prospector Funds, Inc.
SGI Global Equity Fund, Series of RBB Fund, Inc.Provident Mutual Funds, Inc.
SGI Peak Growth Fund, Series of RBB Fund, Inc.RBC Funds Trust



SGI Prudent Growth Fund, Series of RBB Fund, Inc.Abbey Capital Futures Strategy Fund, Series of RBB Fund, Inc.
SGI U.S. Large Cap Equity Fund, Series of RBB Fund, Inc.Abbey Capital Multi-Asset Fund, Series of RBB Fund, Inc.
SGI U.S. Large Cap Equity VI Portfolio, Series of RBB Fund, Inc.Adara Smaller Companies Fund, Series of RBB Fund, Inc.
SGI U.S. Small Cap Equity Fund, Series of RBB Fund, Inc.Aquarius International Fund, Series of RBB Fund, Inc.
WPG Partners Small/Micro Cap Value Fund, Series of RBB Fund, Inc.Bogle Small Cap Growth Fund, Series of RBB Fund, Inc.
Series Portfolios TrustBoston Partners All Cap Value Fund, Series of RBB Fund, Inc.
Thompson IM Funds, Inc.Marketfield Fund, Series of Trust for Professional Managers
TrimTabs ETF TrustRockefeller Core Taxable Bond Fund, Series of Trust for Professional Managers
Trust for Advised PortfoliosRockefeller Equity Allocation Fund, Series of Trust for Professional Managers
Barrett Growth Fund, Series of Trust for Professional ManagersRockefeller Intermediate Tax Exempt National Bond Fund, Series of Trust for Professional Managers
Bright Rock Mid Cap Growth Fund, Series of Trust for Professional ManagersRockefeller Intermediate Tax Exempt New York Bond Fund, Series of Trust for Professional Managers
Bright Rock Quality Large Cap Fund, Series of Trust for Professional ManagersSnow Capital Long/Short Opportunity Fund, Series of Trust for Professional Managers
Convergence Long/Short Equity Fund, Series of Trust for Professional ManagersSnow Capital Small Cap Value Fund, Series of Trust for Professional Managers
Convergence Market Neutral Fund, Series of Trust for Professional ManagersTerra Firma US Concentrated Realty Fund, Series of Trust for Professional Managers
CrossingBridge Low Duration High Yield Fund, Series of Trust for Professional ManagersUSQ Core Real Estate Fund
Dearborn Partners Rising Dividend Fund, Series of Trust for Professional ManagersWall Street EWM Funds Trust
Jensen Global Quality Growth Fund, Series of Trust for Professional ManagersWisconsin Capital Funds, Inc.
Jensen Quality Value Fund, Series of Trust for Professional Managers

(b) The following are the Officers and Manager of the Distributor, the Registrant’s underwriter. The Distributor’s main business address is 111 E. Kilbourn Avenue, Suite 2200, Milwaukee, WI 53202.

NameAddressPosition with UnderwriterPosition with Registrant
Richard J. BerthyThree Canal Plaza, Suite 100, Portland, ME 04101President, Treasurer and ManagerNone
Mark A. FairbanksThree Canal Plaza, Suite 100, Portland, ME 04101Vice PresidentNone
Teresa Cowan111 E. Kilbourn Ave, Suite 2200, Milwaukee, WI 53202Vice PresidentNone
Jennifer K. DiValerio899 Cassatt Road, 400 Berwyn Park, Suite 110, Berwyn, PA 19312Vice PresidentNone
Susan L. LaFond111 E. Kilbourn Ave, Suite 2200, |Milwaukee, WI 53202Vice President and Co-Chief Compliance OfficerNone
Jennifer A. Brunner111 E. Kilbourn Ave, Suite 2200, Milwaukee, WI 53202Vice President and Co-Chief Compliance OfficerNone
Jennifer E. HoopesThree Canal Plaza, Suite 100, Portland, ME 04101SecretaryNone




(c)    The following table sets forth the commissions and other compensation received, directly or indirectly, from the Funds during the last fiscal year by the principal underwriter who is not an affiliated person of the Funds.
(1)
Name of Principal Underwriter
(2)
Net Underwriting Discounts and Commission
(3)
Compensation on Redemption and Repurchases
(4)
Brokerage Commissions
(5)
Other Compensation
Quasar Distributors, LLCNoneNoneNoneNone

ITEM 33. LOCATION OF ACCOUNTS AND RECORDS

Accounts, books and other documents required to be maintained by Section 31(a) of the Investment Company Act of 1940, as amended, and the Rules promulgated thereunder are maintained in the physical possession of the Registrant at Jacob Asset Management of New York LLC, 727 2nd Street, #106, Hermosa Beach, California 90254, the Registrant’s Adviser; U.S. Bancorp Fund Services, LLC, 615 East Michigan Street, Milwaukee, Wisconsin 53202, the Registrant’s transfer agent and dividend distributing agent; and at U.S. Bank N.A., 615 East Michigan Street, Milwaukee Wisconsin 53202, the Registrant’s custodian.

ITEM 34. MANAGEMENT SERVICES

There are no management related service contracts not discussed in Part A or Part B.

ITEM 35. UNDERTAKINGS

Not applicable.





SIGNATURES

Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets all of the requirement for effectiveness of this registration statement under rule 485(b) under the Securities Act and has duly caused this Post-Effective Amendment to its Registration Statement on Form N-1A (this “Amendment”) to be signed below on its behalf by the undersigned, duly authorized, in the City of Hermosa Beach, and in the State of California on June 22, 2021.

Jacob Funds Inc.

/s/ Ryan I. Jacob 
Ryan I. Jacob
President, Chief Executive Officer, Director
and Chairman of the Board

Pursuant to the requirements of the Securities Act of 1933, this Registration Statement has been signed below by the following persons in the capacities indicated on June 22, 2021.

SignatureTitle
 
 
/s/ Ryan I. Jacob
President, Chief Executive Officer, Director and Chairman of the Board
Ryan I. Jacob 
  
/s/ Francis J. Alexander
Vice President, Secretary and Treasurer
Francis J. Alexander 
  
William B. Fell*
Director
William B. Fell 
  
Christopher V. Hajinian*
Director
Christopher V. Hajinian 
  
Jeffrey L. Schwarzschild*
Director
Jeffrey I. Schwarzschild 
  
* By /s/ Ryan I. Jacob 
Ryan I. Jacob, Attorney-in-Fact 
(Pursuant to Power of Attorney previously filed)






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