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: February 28
Date
of reporting period: February 28, 2025
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 Innovators ETF
BNY
Mellon Women’s Opportunities 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, as amended (17 CFR 270.30e-1)(“1940
Act”).
Item
1. Reports to Stockholders (cont.).
(b) Not
applicable.
Item
2. Code of Ethics.
(a) As
of the period ended February 28, 2025 (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 the
period May 18, 2023 (commencement of operations) through February 29, 2024 and
the fiscal year ended February 28, 2025 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 was $39,536 and $40,326,
respectively.
(b) Audit-Related
Fees
The aggregate fees billed for the
period May 18, 2023 (commencement of operations) through February 29, 2024 and
the fiscal year ended February 28, 2025 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 was $12,484 and $12,734,
respectively. These services consisted of security counts required by Rule
17f-2 under the 1940 Act.
(c) Tax
Fees
The aggregate fees billed for the
period May 18, 2023 (commencement of operations) through February 29, 2024 and
the fiscal year ended February 28, 2025 for professional services rendered to
the Registrant by the principal accountant for tax compliance, tax advice and
tax planning was $7,908 and $7,908, respectively. 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 the
period May 18, 2023 (commencement of operations) through February 29, 2024 and
the fiscal year ended February 28, 2025 for products and services provided by
the principal accountant, other than the services reported in paragraphs (a)
through (c) of this Item was $0 and $0, respectively.
(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 the period May 18,
2023 (commencement of operations) through February 29, 2024 and the fiscal year
ended February 28, 2025 of the Registrant was $280,962 and $52,147, respectively.
(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 7of 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) Not
applicable.
(a)(4)
Not applicable.
(a)(5)
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 4/21/2025
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 4/21/2025
By
(Signature and Title) * /s/ James Windels
James
Windels, Treasurer
(Principal
Financial and Accounting Officer)
Date 4/21/2025
* Print the name
and title of each signing officer under his or her signature.