UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-CSR
CERTIFIED
SHAREHOLDER REPORT OF REGISTERED MANAGEMENT INVESTMENT COMPANIES
Investment Company
Act file number 811-23477
BNY
Mellon ETF Trust
(Exact name of registrant as specified in charter)
240 Greenwich Street
New York, New York 10286
(Address of principal executive offices) (Zip code)
Deirdre Cunnane, Esq.
240 Greenwich Street
New York, New York 10286
(Name and address of agent for service)
Registrant's
telephone number, including area code: (212) 922-6400
Date of fiscal year
end: June 30
Date
of reporting period: June 30, 2024
The following N-CSR
relates only to the Registrant's series listed below and does not relate to any
series of the Registrant with a different fiscal year end and, therefore,
different N-CSR reporting requirements. A separate N-CSR will be filed for any
series with a different fiscal year end, as appropriate.
BNY Mellon
Ultra Short Income ETF
BNY Mellon
Responsible Horizons Corporate Bond ETF
Item
1. Reports to Stockholders.
(a)
The following is a copy of the report transmitted to shareholders
pursuant to Rule 30e-1 under the Investment Company Act of 1940 (17 CFR
270.30e-1).
Item
1. Reports to Stockholders (cont.).
(b)
Not applicable.
Item 2. Code of Ethics.
(a) As
of the period ended June 30, 2024 (the “Reporting Period”), the Registrant has
adopted a code of ethics that applies to the Registrant’s principal executive
officer, principal financial officer, principal accounting officer, controller
or persons performing similar functions, regardless of whether these
individuals are employed by the Registrant or a third party.
(c) During
the Reporting Period, there have been no amendments to a provision of the code
of ethics that applies to the Registrant’s principal executive officer,
principal financial officer, principal accounting officer or controller, or
persons performing similar functions, regardless of whether these individuals
are employed by the Registrant or a third party, and that relates to any
element of the code of ethics description.
(d) During
the Reporting Period, the Registrant has not granted any waivers, including an
implicit waiver, from a provision of the code of ethics to the Registrant’s
principal executive officer, principal financial officer, principal accounting
officer or controller, or persons performing similar functions, regardless of
whether these individuals are employed by the Registrant or a third party, that
relates to one or more of the items set forth in paragraph (b) of this item’s
instructions.
Item 3. Audit Committee
Financial Expert.
The Registrant’s Board of
Trustees has determined that Mr. Kevin W. Quinn is qualified to serve as an
audit committee financial expert serving on the Registrant’s audit committee
and that he is “independent,” as defined by Item 3 of Form N-CSR.
Item 4.
Principal Accountant Fees and Services.
(a) Audit
Fees
The aggregate
fees billed for each of the last two fiscal years for professional services
rendered by the principal accountant for the audit of the Registrant’s annual
financial statements or services that are normally provided by the accountant
in connection with statutory and regulatory filings or engagements for those
fiscal years were $43,299 in 2023 and $44,165 in 2024.
(b) Audit-Related Fees
The aggregate
fees billed for each of the last two fiscal years for assurance and related
services rendered to the Registrant by the principal accountant that are
reasonably related to the performance of the audit of the Registrant’s
financial statements and are not reported under paragraph (a) of this Item were
$12,240 in 2023 and $12,484 in 2024. These services consisted of security
counts required by Rule 17f-2 under the Investment Company Act of 1940, as
amended.
(c) Tax Fees
The aggregate
fees billed for each of the last two fiscal years for professional services
rendered to the Registrant by the principal accountant for tax compliance, tax
advice and tax planning were $7,752 in 2023 and $7,908 in 2024. These services
consisted of (i) review or preparation of U.S. federal, state, local and excise
tax returns; (ii) U.S. federal, state and local entity tax planning, advice and
assistance regarding statutory, regulatory or administrative developments, and
(iii) tax advice regarding tax qualification.
(d) All Other Fees
The aggregate
fees billed for each of the last two fiscal years for products and services
provided by the principal accountant, other than the services reported in
paragraphs (a) through (c) of this Item were $0 in 2023 and $0 in 2024.
(e)(1) Pursuant
to the Registrant’s Audit Committee Charter that has been adopted by the audit
committee, the audit committee shall approve all audit and permissible
non-audit services to be provided to the Registrant and all permissible
non-audit services to be provided to its investment adviser or any entity
controlling, controlled by or under common control with the investment adviser
that provides ongoing services to the Registrant if the engagement relates
directly to the operations and financial reporting of the Registrant.
(e)(2) The
percentage of services described in paragraphs (b) through (d) of this Item
that were approved by the audit committee pursuant to paragraph (c)(7)(i)(C) of
Rule 2-01 of Regulation S-X, with respect to: Audit-Related Fees was 100%; Tax
Fees was 100%; and All Other Fees was 0%.
(f) The
percentage of hours expended on the principal accountant’s engagement to audit
the Registrant’s financial statements for the most recent fiscal year that were
attributed to work performed by persons other than the principal accountant’s
full-time, permanent employees was less than fifty percent.
(g) The
aggregate non-audit fees billed by the Registrant’s accountant for services
rendered to the Registrant, and rendered to the Registrant’s investment adviser
(not including any sub-adviser whose role is primarily portfolio management and
is subcontracted with or overseen by another investment adviser), and any
entity controlling, controlled by, or under common control with the investment
adviser that provides ongoing services to the Registrant for each of the last two
fiscal years of the Registrant were $269,097 in 2023 and $282,787 in 2024.
(h) The
Registrant’s audit committee has considered whether the provision of non-audit
services that were rendered to the Registrant’s investment adviser (not
including any sub-adviser whose role is primarily portfolio management and is
subcontracted with or overseen by another investment adviser), and any entity
controlling, controlled by, or under common control with the investment adviser
that provides ongoing services to the Registrant that were not pre-approved
pursuant to paragraph (c)(7)(ii) of Rule 2-01 of Regulation S-X is compatible
with maintaining the principal accountant’s independence.
(i) Not
applicable.
(j) Not
applicable.
Item 5. Audit Committee of Listed Registrants.
(a) The
Registrant has a separately designated audit committee established in
accordance with Section 3(a)(58)(A) of the Securities Exchange Act of 1934, as
amended, which consists of independent trustees of the Registrant. The audit
committee members are J. Charles Cardona, Kristen M. Dickey, F. Jack Liebau,
Jr., Jill I. Mavro, Kevin W. Quinn, and Stacy L. Schaus.
(b) Not applicable.
Item 6. Investments.
(a)
The Schedule of Investments in securities of unaffiliated issuers as of
the close of the Reporting Period is included in the financial statements filed
under Item 7 of this Form N-CSR.
(b)
Not applicable.
Item
7. Financial Statements and Financial Highlights for Open-End Management
Investment Companies.
The following is a copy of the Registrant’s most recent financial
statements and financial highlights.
Item 12. Disclosure of Proxy Voting Policies and
Procedures for Closed-End Management Investment Companies.
Not applicable.
Item 13. Portfolio Managers of Closed-End Management
Investment Companies.
Not applicable.
Item 14. Purchases of Equity Securities by Closed-End
Management Investment Company and Affiliated Purchasers.
Not applicable.
Item 15. Submission of Matters to a Vote of Security
Holders.
There have been no material
changes to the procedures by which the shareholders may recommend nominees to the
Registrant’s Board, where those changes were implemented after the Registrant
last provided disclosure in response to the requirements of Item 407(c)(2)(iv)
of Regulation S-K (17 CFR 229.407) (as required by Item 22(b)(15) of Schedule
14A (17 CFR 240.14a-101)), or this Item.
Item 16. Controls and Procedures.
(a) The
Registrant’s principal executive and principal financial officers, or persons
performing similar functions, have concluded that the Registrant’s disclosure
controls and procedures (as defined in Rule 30a-3(c) under the Investment
Company Act of 1940, as amended (the “1940 Act”) (17 CFR 270.30a-3(c))) are
effective, as of a date within 90 days of the filing date of the report that
includes the disclosure required by this paragraph, based on their evaluation
of these controls and procedures required by Rule 30a-3(b) under the 1940 Act
(17 CFR 270.30a-3(b)) and Rules 13a-15(b) or 15d-15(b) under the Securities
Exchange Act of 1934, as amended (17 CFR 240.13a-15(b) or 240.15d-15(b)).
(b)
There were no changes in the Registrant’s internal control over
financial reporting (as defined in Rule 30a-3(d) under the 1940 Act (17 CFR
270.30a-3(d))) that occurred during the period covered by this report that has
materially affected, or is reasonably likely to materially affect, the
Registrant’s internal control over financial reporting.
Item 17. Disclosure of
Securities Lending Activities for Closed-End Management Investment Companies.
Not applicable.
Item 18. Recovery of Erroneously Awarded
Compensation.
Not Applicable.
Item 19. Exhibits.
(a)(2)(1) Not applicable.
(a)(2)(2) Not applicable.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934
and the Investment Company Act of 1940, the registrant has duly caused this
report to be signed on its behalf by the undersigned, thereunto duly
authorized.
(Registrant) BNY
Mellon ETF Trust
By
(Signature and Title) * /s/ David J. DiPetrillo
David J. DiPetrillo, President
(Principal
Executive Officer)
Date 08/26/2024
Pursuant to the requirements of the Securities Exchange Act of 1934
and the Investment Company Act of 1940, this report has been signed below by
the following persons on behalf of the registrant and in the capacities and on
the dates indicated.
By (Signature
and Title) * /s/ David J. DiPetrillo
David J. DiPetrillo,
President
(Principal
Executive Officer)
Date 08/26/2024
By
(Signature and Title) * /s/ James Windels
James Windels, Treasurer
(Principal
Financial and Accounting Officer)
Date 08/26/2024
*
Print the name and title of each signing officer under his or her signature.