Regulatory Bulletin. Background on the Security

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1 Regulatory Bulletin NYSE RB To: Subject: MEMBERS AND MEMBER ORGANIZATIONS HARTFORD SHORT DURATION ETF Members and member organizations are informed that shares ( Shares ) of the exchangetraded funds identified on Appendix A hereto (the Fund ) will commence trading pursuant to unlisted trading privileges on the New York Stock Exchange LLC ( NYSE or the Exchange ) on. Shares of the Funds will be traded pursuant to NYSE Rule (Managed Fund Shares). Please forward this Regulatory Bulletin to other interested persons within your organization. Background on the Security The Shares of the Fund are issued by a trust that is a registered investment company organized as an open-end management investment company (or similar entity) under the Investment Company Act of The Fund is actively managed and does not seek to replicate the performance of a specified passive index of securities. The Fund (a) invests in a portfolio of securities selected by the investment company's investment adviser consistent with the investment company's investment objectives and policies; (b) issues Shares in a specified aggregate minimum number in return for a deposit of a specified portfolio of securities and/or a cash amount with a value equal to the next determined net asset value ( NAV ); and (c) when aggregated in the same specified minimum number, redeems Shares at a holder's request, which holder will be paid a specified portfolio of securities and/or cash with a value equal to the next determined net asset value. The Fund issues and redeems shares on a continuous basis, at NAV, only in large-size blocks (e.g., 50,000 shares) or whole multiples thereof ( Creation Units ). The Fund s Creation Unit may be issued and redeemed, principally in-kind for securities included in the Fund or in cash, only by certain large institutions, referred to as Authorized Participants, that enter into agreements with the Fund s principal underwriter. Retail investors may acquire Shares through a broker-dealer. Shares of the Fund will trade at market price rather than NAV. As such, shares may trade at a price greater than NAV (premium) or less than NAV (discount). Shares are held in book-entry form, which means that no share certificates are issued. The Depository Trust Company or its nominee is the record owner of all outstanding Shares of the Fund and is recognized as the owner of all Shares for all purposes.

2 Page 2 of 6 The NAV of the Fund generally is determined as of the close of trading (normally 4:00 p.m., Eastern Time) on each day the New York Stock Exchange is open for business. The registration statement for the Fund describes the various fees and expenses for the Fund s shares. For a more complete description of the Fund, visit the Fund s website as specified on Appendix A. With respect to the Fund, the following information is included in Appendix A: Fund name, trading symbol, IIV symbol, NAV symbol and Fund website. Risk Factor Information Interested persons are referred to the Fund s Prospectus for a description of risks associated with an investment in the Fund. Risks associated with an investment in the Fund include, but are not limited to market risk, interest rate risk, credit risk, loans and loan participations risk, derivatives risk, leverage risk, futures and options risks, swaps risk, call risk, high yield investments risk, rule 144A securities risk, investment strategy risk, liquidity risk, foreign investments risk, mortgage related- and asset-backed securities risk, event risk. U.S. government securities risk, market price risk, cash transactions risk, authorized participant concentration risk, and securities lending risk. In addition, the market prices of the Shares will fluctuate in accordance with changes in NAV as well as the supply and demand for the Shares. As a result, the Shares may trade at market prices that may differ from their NAV. The NAV of the Shares will fluctuate with changes in the market value of the Fund s holdings. Exchange Rules Applicable to Trading in the Shares The Shares of the Fund are considered equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. Trading Hours The Shares will trade on the NYSE from 7:00 a.m. ET until 4:00 p.m. ET on every business day in accordance with NYSE Rule Extended Hours Trading Members and member organizations are reminded of NYSE Rule 7.34 regarding Customer Disclosure and that trading in a Fund s Shares during the Exchange s Early Trading Session may result in additional trading risks which include: (1) that the current applicable underlying Index value (if any) may not be updated during the Early Trading Session, (2) the intraday indicative value may not be updated during the Early Trading Session, (3) lower liquidity in the Early Trading Session may impact pricing, (4) higher volatility in the Early Trading Session may impact pricing, (5) wider spreads may occur in the Early Trading Session, and (6) since the intraday indicative value is not calculated or widely disseminated during the 2

3 Page 3 of 6 Early Trading Session, an investor who is unable to calculate an implied value for Shares of a Fund in those sessions may be at a disadvantage to market professionals. Suitability Trading in the Shares of the Fund on the Exchange will be subject to the provisions of NYSE Rule Suitability and other applicable suitability rules. Members and member organizations recommending transactions in the Shares of the Fund to customers should make a determination that the recommendation is suitable for the customer. Trading Halts The Exchange will halt trading in the Shares for a regulatory halt similar to a halt based on NYSE Rule 7.18 and/or a halt because dissemination of the intraday indicative value of the Shares and/or the underlying value of the index (if any) has ceased. Further, the Exchange will halt trading in the Shares in accordance with NYSE Rule 80B ( Trading Halts Due to Extraordinary Market Volatility ). Delivery of a Prospectus Consistent with the requirements of the Securities Act of 1933 and the rules thereunder, investors purchasing Shares in the initial public offering and anyone purchasing Shares directly from the Fund (by delivery of the designated securities) must receive a prospectus. In addition, members and member organizations are required to deliver a prospectus to all purchasers of newly-issued Shares (i.e., during the initial public offering). Members and member organizations purchasing shares from the Fund for resale to investors will deliver a prospectus to such investors. Prospectuses may be obtained through the Fund s website. The Prospectus does not contain all of the information set forth in the Fund s registration statement (including the exhibits to the registration statement), parts of which have been omitted in accordance with the rules and regulations of the Securities and Exchange Commission (the Commission ). In the event that the Fund relies upon an order by the Commission exempting the Shares from certain prospectus delivery requirements under Section 24(d) of the 1940 Act and makes available a written product description, NYSE American Rule 8.600E requires that members and member organizations provide to all purchasers of Shares a written description of the terms and characteristics of such securities, in a form prepared by the Fund s trust, no later than the time a confirmation of the first transaction in the Shares, is delivered to such purchaser. In addition, member organizations shall include such a written description with any sales material relating to the Shares that is provided to customers or the public. Any other written materials provided by a member organization to customers or the public making specific reference to the Shares as an investment vehicle must include a statement in substantially the following form: A circular describing the terms and characteristics of Shares of the Fund has been prepared by the Fund s trust and is available 3

4 Page 4 of 6 from your broker. It is recommended that you obtain and review such circular before purchasing Shares of the Fund. In addition, upon request you may obtain from your broker a prospectus for Shares of the Fund. Members and member organizations carrying an omnibus account for a non-member is required to inform such non-member that execution of an order to purchase Shares for such omnibus account will be deemed to constitute agreement by the non-member to make such written description available to its customers on the same terms as are directly applicable to members under this rule. Upon request of a customer, members shall also provide a copy of the applicable prospectus. Exemptive, Interpretive and No-Action Relief Under Federal Securities Regulations The SEC Division of Trading and Markets has issued a revised Staff Legal Bulletin No. 9 (Revised September 10, 2010) ( Staff Bulletin, available at at Staff Legal Bulletins, SLB 9), in which the Division has granted exceptions from certain provisions of Regulation M (Rules 101(c)(4) and 102(d)(4)), under the Securities Exchange Act of 1934 ( 1934 Act ) with respect to certain transactions in Shares of actively-managed ETFs. ETP Holders should consult the Staff Bulletin for additional information. The Staff Bulletin states that (1) the Rule 101(c)(4) exception is available to permit persons who may be deemed to be participating in a distribution of actively managed ETF Shares to bid for or purchase such Shares during their participation in a distribution, and (2) the Rule 102(d)(4) exception is available to permit an open-end investment company to redeem actively managed ETF Shares, if the following conditions are met: (i) the Shares are issued by a registered open-end investment company; (ii) the Shares are exchange listed and exchange traded; (iii) the ETF continuously redeems the Shares at net asset value (NAV); (iv) a close alignment between the Shares' secondary market price and the ETF's NAV is expected; (v) on each day the Shares trade, prior to commencement of such trading, the ETF discloses on its website the identities and quantities of the securities and assets held by the ETF which will form the basis of the calculation of the ETF's NAV at the end of such day; (vi) the exchange listing the Shares or other information provider disseminates every 15 seconds throughout the trading day, through the facilities of the Consolidated Tape Association, an amount representing on a per Share basis the sum of the current value of the securities, assets, and cash required to create new Shares (intraday indicative value or IIV); (vii) arbitrageurs are expected to take advantage of price variations between Shares' secondary market price and the ETF's NAV; and (viii) the arbitrage mechanism will be facilitated by the transparency of the ETF's portfolio, the availability of the IIV, the liquidity of the ETF's portfolio securities, the ability to access such securities, and the arbitrageurs' ability to create workable hedges. In addition, the Staff Bulletin states that the redemption of creation unit sized aggregations of ETF Shares and the receipt of securities in exchange therefore by persons who may be 4

5 Page 5 of 6 deemed to be participating in a distribution of Shares do not constitute an "attempt to induce any person to bid for or purchase" a covered security during an applicable restricted period for purposes of Rule 101, but only if the redemptions are not made for the purpose of creating actual, or apparent, active trading in or raising or otherwise affecting the price of Shares or the securities received in exchange for the Shares redeemed. This Information Bulletin is not a statutory Prospectus. ETP Holders should consult the Trust s Registration Statement, SAI, Prospectus and the Fund s website for relevant information. 5

6 Page 6 of 6 Appendix A Fund Name Hartford Short Duration ETF Underlying Fund IIV NAV Fund Website Index Name Symbol Symbol Symbol n/a HSRT HSRT.IV HSRT.NV 6