0001104659-21-138099 Sample Contracts

ETF DISTRIBUTION AGREEMENT
Distribution Agreement • November 12th, 2021 • Ark ETF Trust • Delaware

This Distribution Agreement (the “Agreement”) is made this 30th day of September 2021, by and between ARK ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 3 East 28th Street, Floor 7, New York, NY 10016, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.

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INVESTMENT ADVISORY AGREEMENT ARK ETF TRUST
Investment Advisory Agreement • November 12th, 2021 • Ark ETF Trust • Delaware

AGREEMENT made this 30th day of June, 2014 between ARK Investment Management LLC, a Delaware limited liability company (“Adviser”), and ARK ETF Trust, a Delaware statutory trust (“Trust”), on behalf of each series of the Trust list on the attached Exhibit A as it may be amended from time to time (each series is hereinafter referred to as a “Fund”).

SUPERVISION AGREEMENT
Supervision Agreement • November 12th, 2021 • Ark ETF Trust • Delaware

This SUPERVISION AGREEMENT (“Agreement”), made this 30th day of June, 2014, between ARK ETF Trust (“Trust”), a Delaware statutory trust, and ARK Investment Management LLC, a Delaware limited liability company (“Adviser”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 18th day of December, 2020 to the Custody Agreement dated September 24, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“Custodian”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 18th day of December, 2020 to the Transfer Agency and Service Agreement dated September 8, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“Bank”), a New York corporation authorized to do a banking business (“Agreement”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 18th day of December, 2020 to the Fund Administration and Accounting Agreement dated September 24, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“BNY Mellon”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 13th day of September, 2021 to the Investment Company Reporting Modernization Services Amendment to Fund Administration and Accounting Agreement dated September 5, 2018 (“SEC Mod Amendment”) between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“BNY Mellon”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TO| FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 13th day of September, 2021 to the Fund Administration and Accounting Agreement dated September 24, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“BNY Mellon”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 18th day of December, 2020 to the Investment Company Reporting Modernization Services Amendment to Fund Administration and Accounting Agreement dated September 5, 2018 (“SEC Mod Amendment”) between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“BNY Mellon”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 13th day of September, 2021 to the Transfer Agency and Service Agreement dated September 8, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“Bank”), a New York corporation authorized to do a banking business (“Agreement”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • November 12th, 2021 • Ark ETF Trust

AMENDMENT made this 13th day of September, 2021 to the Custody Agreement dated September 24, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“Custodian”), a New York corporation authorized to do a banking business (“Agreement”).

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