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Golden Eagle files a second ETF without the 40% sales rule of the fund it already runs

ETF Opportunities Trust filed on October 7, 2026, for the Golden Eagle Dynamic Innovation ETF, proposed ticker IOX, a 0.85% fund that would not have to meet the 40% sales test binding HYP, the Golden Eagle fund already trading.

· 3 min read · By ETF.net Research

A majestic golden eagle flies with its wings outstretched against a warm, blurred background.

Key takeaways

  • The 40% sales test would not bind the new fund.
  • As filed, the fee would top innovation funds already trading.
  • The prospectus and a longer document disagree on diversification.
  • The filing cannot become effective before late December.

ETF Opportunities Trust filed on Wednesday, October 7, 2026, for a Golden Eagle Strategies fund that would not have to follow the 40% sales rule binding the ETF the adviser already runs. The trust holds funds for other advisers too, including Tuttle Capital and REX. The shares are not for sale, and the prospectus says the information is not complete and may be changed.

The fund already trading is the Golden Eagle Dynamic Hypergrowth ETF, HYP. Under a prospectus dated Thursday, April 30, 2026, it must, in normal markets, put at least 80% of its assets in companies whose sales grew at least 40% from a year earlier in the most recently reported quarter, and it typically holds 60 to 80 stocks. The new fund, the Golden Eagle Dynamic Innovation ETF, proposes the ticker IOX for a Nasdaq listing and, as filed, would typically hold about 40 stocks, more or fewer if the adviser chooses, with no such floor.

HYP holds $38.9 million, and Wednesday's filing does not change it.

The new fund would buy U.S.-listed stocks that Golden Eagle Strategies ties to innovation, which the filing describes as new technologies, products, services, business models or ways of operating, and not only technology companies. The adviser would start with industries its research links to innovation, market leadership and superior stock performance, then score companies in part on stock-price leadership and relative strength, the filing's terms for share-price trend. Marc Zuccaro and Robert Zuccaro would manage the portfolio and reset the mix about once a month, with Tidal Investments handling the trading.

The new fund may hold companies that meet that 40% test and companies that miss it but sit in innovation-oriented parts of the economy and show traits the adviser associates with future market leadership. The adviser says its screening draws on characteristics developed through its research into hypergrowth companies, which is why the filing defines the term even though it does not require the fund to hold only those companies.

The fee table puts annual operating expenses at 0.85%, the same fee HYP charges, with other expenses at 0.00% because Golden Eagle Strategies pays the fund's ordinary operating costs. Brokerage, interest, taxes and extraordinary costs, among other items, sit outside that arrangement and would be borne by the fund on top of the fee.

As filed, that fee would cost more than innovation funds already trading. The ARK Innovation ETF, ARKK, and the First Trust Innovation Leaders ETF, ILDR, charge 0.75%, and the T. Rowe Price Innovation Leaders ETF, TNXT, charges 0.49%. The Goldman Sachs Innovate Equity ETF, GINN, an index fund, charges 0.50%, and the iShares Future Exponential Technologies ETF, XT, also an index fund, charges 0.46%.

Proposed IOX would be the costliest named innovation ETF

Net expense ratios; IOX as filed October 7, 2026

  • IOX (filed)0.85
  • ARKK0.75
  • ILDR0.75
  • GINN0.5
  • TNXT0.49
  • XT0.46

ARKK and ILDR at 0.75%; TNXT, GINN and XT cluster near 0.50%.

The prospectus and the statement of additional information, the longer document behind the prospectus, label the fund differently. The prospectus calls it diversified, and the longer document calls it non-diversified. A diversified fund has tighter limits on how much it can put in one company, and the filing does not say which label applies.

The trust checked the box for the filing to become effective 75 days after Wednesday, and it left the prospectus date blank. The earliest the registration could go effective is Monday, December 21, 2026.

The registration for HYP checked the same box. Filed Thursday, May 29, 2025, its 75 days ran to Tuesday, August 12, and the fund did not begin operating until Tuesday, September 23, 2025.

ETFs in this story

DHYPGolden Eagle Dynamic Hypergrowth ETF38/100CARKKARK Innovation ETF44/100CILDRFirst Trust Innovation Leaders ETF46/100BTNXTT. Rowe Price Innovation Leaders ETF65/100BGINNGoldman Sachs Innovate Equity ETF68/100

Frequently asked questions

What is the 40% sales rule?

Under its April 30, 2026 prospectus, HYP must in normal markets put at least 80% of its assets in companies whose sales grew at least 40% from a year earlier.

Are shares of the new fund for sale?

The shares are not for sale, and the prospectus says the information is not complete and may be changed.

What would the new fund charge?

The fee table puts annual operating expenses at 0.85%, the same fee HYP charges.

When could the registration become effective?

The earliest the registration could go effective is Monday, December 21, 2026.

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