0001144204-19-003196 Sample Contracts

FORM OF AMENDMENT #3 FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • January 28th, 2019 • Ark ETF Trust

AMENDMENT made this ___ day of ________, 2019 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 banking business (“Agreement”).

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FORM OF SECOND AMENDMENT TO DISTRIBUTION SERVICES AGREEMENT
Distribution Services Agreement • January 28th, 2019 • Ark ETF Trust • New York

This second amendment (“Amendment”) to the Distribution Services Agreement (the “Agreement”) dated as of August 7, 2014, by and between ARK Investment Management LLC (the “Adviser”) and Foreside Fund Services, LLC (the “Distributor” and collectively with the Adviser, the “Parties”) is entered into as of ____________ ___, 2019 (the “Effective Date”).

FORM OF SECOND AMENDMENT TO ARK ETF TRUST DISTRIBUTION AGREEMENT
Distribution Agreement • January 28th, 2019 • Ark ETF Trust • New York

This second amendment (“Amendment”) to the ARK ETF Trust Distribution Agreement (the “Agreement”) dated as of May 31, 2017, by and between ARK ETF Trust (the “Trust”) and Foreside Fund Services, LLC (the “Distributor” and collectively with the Trust, the “Parties”) is entered into as of ____________ ___, 2019 (the “Effective Date”).

FORM OF AMENDMENT #3 INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • January 28th, 2019 • Ark ETF Trust

AMENDMENT made this ___ day of ________, 2019 to the Investment Advisory Agreement dated June 30, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and ARK Investment Management LLC (“Adviser”), a Delaware limited liability company (“Agreement”).

FORM OF AMENDMENT #4 SUPERVISION AGREEMENT
Supervision Agreement • January 28th, 2019 • Ark ETF Trust

AMENDMENT made this ___ day of ________, 2019 to the Supervision Agreement dated June 30, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and ARK Investment Management LLC (“Adviser”), a Delaware limited liability company (“Agreement”).

FORM OF AMENDMENT #2 TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • January 28th, 2019 • Ark ETF Trust

AMENDMENT made this ___ day of ________, 2019 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 (“BNY Mellon”), a New York corporation authorized to do banking business (“Agreement”).

FORM OF AMENDMENT #2 CUSTODY AGREEMENT
Custody Agreement • January 28th, 2019 • Ark ETF Trust

AMENDMENT made this ___ day of ________, 2019 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 banking business (“Agreement”).

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