Title of each class of securitiesto be registered
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Name of each exchange on which each class is to be registered
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Spirited Funds/ETFMG Whiskey & Spirits ETF
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NYSE Arca, Inc.
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If this form relates to the registration of a class of securities pursuant to Section 12(b) of the Exchange Act and is effective pursuant to General Instruction A.(c), check the following box.
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☑
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If this form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d), check the following box.
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☐
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Securities Act Registration file number to which this form relates: 333-182274
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Securities to be registered pursuant to Section 12(g) of the Act: Not applicable.
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Item 1.
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Description of Registrant’s Securities to be Registered
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Title of Each Class of Securities to be Registered
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IRS Employer ID Number
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Spirited Funds/ETFMG Whiskey & Spirits ETF
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81-3477350
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Item 2. | Exhibits |
A.
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Certificate of Trust dated June 30, 2009, as filed with the state of Delaware on July 1, 2009, for FactorShares Trust (the “Trust” or the “Registrant”) is incorporated herein by reference to Exhibit (a)(1) to the Registrant’s Initial Registration Statement on Form N-1A, as filed with the SEC on June 22, 2012.
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B.
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Certificate of Amendment dated May 25, 2016 to the Registrant's Certificate of Trust dated June 30, 2009, as filed with the State of Delaware on May 31, 2016, is incorporated herein by reference to Exhibit (a)(2) to Post-Effective Amendment No. 41 to the Registrant’s Registration Statement on Form N-1A, as filed with the SEC on August 25, 2016.
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C.
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Registrant’s Agreement and Declaration of Trust, adopted June 30, 2009, is incorporated herein by reference to Exhibit (a)(3) to Pre-Effective Amendment No. 2 to the Registrant’s Registration Statement on Form N-1A, as filed with the SEC on November 20, 2012.
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D.
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Amendment dated June 20, 2016 to the Registrant’s Agreement and Declaration of Trust, adopted June 30, 2009, is incorporated herein by reference to Exhibit (a)(4) to Post-Effective Amendment No. 41 to the Registrant’s Registration Statement on Form N-1A, as filed with the SEC on August 25, 2016.
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E.
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Registrant’s By-Laws, adopted October 1, 2012, are incorporated herein by reference to Exhibit (b) to Pre-Effective Amendment No. 2 to the Registrant’s Registration Statement on Form N-1A, as filed with the SEC on November 20, 2012.
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ETF Managers Trust | |
September 30, 2016 | |
By: /s/ Samuel Masucci, III | |
Name: Samuel Masucci, III | |
Title: President |