Tidal Trust III Sample Contracts
CUSTODY AGREEMENTCustody Agreement • July 16th, 2024 • Tidal Trust III • Minnesota
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between TIDAL TRUST III, a Delaware statutory trust, (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
FORM OF SUB-ADVISORY AGREEMENTSub-Advisory Agreement • February 26th, 2025 • Tidal Trust III • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 24th day of February, 2025 by and between Tidal Investments LLC, a Delaware limited liability company, with its principal place of business at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”) and Intech Investment Management LLC, a Delaware limited liability company, with its principal place of business at 250 S. Australian Avenue, Suite 1700, West Palm Beach, FL 33401 (the “Sub-Adviser”), with respect to each series of Tidal Trust III (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).
FORM OF INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • February 26th, 2025 • Tidal Trust III • Delaware
This Investment Advisory Agreement (the “Agreement”) is made as of February 24, 2025, by and between Tidal Trust III, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed on Schedule A attached hereto, as may be amended from time to time (each, a “Fund” and collectively, the “Funds”), and Tidal Investments LLC, a Delaware limited liability company (the “Adviser”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 23rd, 2019 • Impact Shares Trust I • New York
THIS AGREEMENT is made as of the 5th day of April 2018, by and between each Trust (hereinafter each a “Trust”, and collectively the “Trusts” as applicable) listed on Appendix A hereto (as such Appendix be amended from time to time) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 225 Liberty Street, New York, New York 10286 (the “Bank”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • July 2nd, 2024 • Tidal Trust III • Delaware
This Distribution Agreement (the “Agreement”) is effective as of June 18, 2024, by and between Tidal Trust III, a Delaware statutory trust (the “Trust”) having its principal place of business at 234 West Florida Street, Suite 203, Milwaukee, WI 53204, 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.
ETF CUSTODY AGREEMENTEtf Custody Agreement • June 10th, 2024 • Tidal Trust III • Minnesota
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT TIDAL TRUST IIIAuthorized Participant Agreement • July 2nd, 2024 • Tidal Trust III • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and [___] (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC d/b/a U.S. Bank Global Fund Services (the “Index Receipt Agent” or “Transfer Agent”), and is further subject to acknowledgement and agreement by Tidal Trust III (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 2(d), 4(c) and 13(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time (“Fund Documents”), or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporate
PRIVATE INVESTMENT COMPANY CUSTODIAN AGREEMENTCustodian Agreement • January 17th, 2025 • Tidal Trust III • Minnesota
CUSTODY AGREEMENTCustody Agreement • August 23rd, 2019 • Impact Shares Trust I • New York
AGREEMENT, dated as of April 5, 2018 between Impact Shares Funds I Trust, having its principal office and place of business at 2189 Broken Bend, Frisco, Texas 75034 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 225 Liberty Street, New York, New York 10286 (“Custodian”).
INVESTMENT ADVISORY AGREEMENT Between USCF COPPER CAYMAN SUBSIDIARY and TIDAL INVESTMENTS LLCInvestment Advisory Agreement • January 17th, 2025 • Tidal Trust III • New York
This Investment Advisory Agreement (the “Agreement”) is made as of December 3, 2024, by and between USCF Copper Cayman Subsidiary, an Exempted Company incorporated in the Cayman Islands with limited liability (the “Fund”), and Tidal Investments LLC, a Delaware limited liability company (the “Adviser”) located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204, USA.
ADMINISTRATION AGREEMENTAdministration Agreement • August 23rd, 2019 • Impact Shares Trust I • Pennsylvania
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made as of the 1st day of March, 2018 (the “Effective Date”), by and between Impact Shares Trust (the “Trust”), Impact Shares Corp (the “Adviser”), solely in respect of the rights and obligations set forth in Section 8 and applicable provisions of Section 9 of this Agreement) and SEI Investments Global Funds Services, a statutory trust formed under the laws of the State of Delaware (the “Administrator”).
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • June 10th, 2024 • Tidal Trust III • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • October 27th, 2023 • Impact Shares Trust I • Delaware
THIS FUND ADMINISTRATION SERVICING AGREEMENT (the “Agreement”) is made and entered into as of September 1, 2023 by and between Impact Shares Trust I, a Delaware statutory trust (the “Trust”), Tidal ETF Services LLC, a Delaware limited liability company (“Tidal”) and Toroso Investments, LLC (the “Adviser”), solely in respect of the rights and obligations set forth in Section 4 and applicable provisions of Section 12 and 13 of this Agreement).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 27th, 2023 • Impact Shares Trust I • New York
AGREEMENT made as of July 16, 2021 by and between Impact Shares, Corp., a Texas nonprofit corporation (the “Adviser”), and Impact Shares Trust I, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Exhibit A attached hereto and made a part hereof, as such Exhibit A may be amended from time to time (each, a “Fund” and collectively, the “Funds”).
DISTRIBUTION AGREEMENTDistribution Agreement • August 8th, 2023 • Quaker Investment Trust • Pennsylvania
THIS DISTRIBUTION AGREEMENT (this “Agreement’) is made as of this ___ day of June, 2023, by and between Quaker Shares Trust, organized under the laws of [_____] (the “Company”), and SEI Investments Distribution Co. (the “Distributor”), a Pennsylvania corporation.
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • July 16th, 2024 • Tidal Trust III • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“USBGFS”).
TIDAL TRUST III SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Amended May 7, 2024Agreement and Declaration of Trust • May 22nd, 2024 • Tidal Trust III
THIS SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of this 7th day of May, 2024, by the Trustees hereunder, and amends and restates that certain Amended and Restated Agreement and Declaration of Trust, dated January 31, 2018 (the “Amended Declaration”) which amended and restated that certain Agreement and Declaration of Trust dated May 19, 2016 (the “Original Declaration”).
SUBSIDIARY FUTURES TRADING ADVISORY AGREEMENTSubsidiary Futures Trading Advisory Agreement • January 17th, 2025 • Tidal Trust III • New York
This Subsidiary Futures Trading Advisory Agreement (the “Agreement”) is made as of the 15th day of January, 2025, by and between AlphaQuest LLC, a New York limited liability company, with its principal place of business at 126 East 56th Street, 25th Floor, New York, New York 10022 (the “Trading Advisor”), and Tidal Investments LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trading Advisor are each and individually a “Party” and collectively the “Parties.”
SUBLICENSE AGREEMENTSublicense Agreement • August 23rd, 2019 • Impact Shares Trust I • Texas
This Sublicense Agreement (the “AGREEMENT”) is entered into as of July 17, 2018, by and between Impact Shares, Corp., a Texas non-profit corporation (“Impact Shares”) with offices at 2189 Broken Bend, Frisco, Texas 75034 (the “ADVISER”), and Impact Shares Trust I (the “LICENSEE”).
DISTRIBUTION SERVICES AGREEMENTDistribution Services Agreement • August 23rd, 2019 • Impact Shares Trust I • Pennsylvania
THIS DISTRIBUTION SERVICES AGREEMENT (this “Agreement”) is made as of this 1st day of March, 2018 (“Effective Date”) by and between Impact Shares Corp (“Advisor”), and SEI Investments Distribution Co., a corporation organized under the laws of the Commonwealth of Pennsylvania (“SIDCO”).
Exchange-Traded Fund Platform Support AgreementExchange-Traded Fund Platform Support Agreement • August 20th, 2024 • Tidal Trust III • New York
This Exchange-Traded Fund Platform Support Agreement (the “Agreement”) is made and entered into by and among Tidal Investments LLC (“Adviser”), Tidal ETF Services LLC (“Administrator”) and [ ] (“ ” or “Firm”) as of [ ], 2024 (the “Effective Date”).
QUAKER INVESTMENT TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • August 8th, 2023 • Quaker Investment Trust • Delaware
THIS AGREEMENT is made as of [__________], 2023, by and between Community Capital Management, LLC, a Delaware limited liability company (the “Adviser”), and Quaker Investment Trust, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Exhibit A attached hereto and made a part hereof, as such Exhibit A may be amended from time to time (each, a “Fund” and collectively, the “Funds”).
SUBSIDIARY SUB-ADVISORY AGREEMENTSubsidiary Sub-Advisory Agreement • January 17th, 2025 • Tidal Trust III • New York
This Subsidiary Sub-Advisory Agreement (the “Agreement”) is made as of the 3rd day of December 2024, by and between USCF Advisers LLC, a Delaware corporation, located at 1850 Mount Diablo Boulevard, Suite 640, Walnut Creek, California 94596 (“USCF” or the “Sub-Adviser”), and Tidal Investments LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Sub-Adviser are each and individually a “Party” and collectively the “Parties.”
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • June 6th, 2025 • Tidal Trust III • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 24th day of February, 2025 by and between Tidal Investments LLC, a Delaware limited liability company, with its principal place of business at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”) and Measured Risk Portfolios, Inc., a California corporation, with its principal place of business at 5230 Carroll Canyon Road, Suite 224, San Diego, California 92121 (the “Sub-Adviser”), with respect to each series of Tidal Trust III (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).
COMPANY NAME] AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • March 20th, 2018 • Impact Shares Trust I • Pennsylvania
This Authorized Participant Agreement (this “Agreement”) is entered into as of this day of 20 (the “Effective Date”), by and between (the “Participant”) and SEI Investments Distribution Co. (together with its affiliates, the “Distributor”), principal underwriter of (the “Company”), and is subject to acceptance by (the “Transfer Agent”) in its capacity as transfer agent of the Company. Capitalized terms used herein and not otherwise defined have the meaning assigned to them in Section 14 of this Agreement.
INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • October 27th, 2023 • Impact Shares Trust I • Texas
AGREEMENT made as of the 26th day of July 2021 by and between Impact Shares Corp, (the “Adviser”), a Texas corporation with its principal place of business at 2189 Broken Bend, Frisco, Texas 75034, and Community Capital Management, Inc. (the “Sub-Adviser”), a Florida corporation with its principal place of business at 2500 Weston Road, Suite 101, Weston, Florida 33331.
LETTER AGREEMENTExpense Limitation Agreement • October 20th, 2022 • Impact Shares Trust I • Delaware
Sublicense AgreementSublicense Agreement • August 31st, 2018 • Impact Shares Trust I • New York
This SUBLICENSE AGREEMENT (“Agreement”), dated as of __, 2018 (the “Effective Date”), is entered into by and between Impact Shares, Corp., a Texas non-profit corporation (“Impact Shares”), and Impact Shares Trust I, an open-end management investment company organized as a Delaware statutory trust (the “Trust”), on behalf of the Impact Shares Sustainable Development Goals Global Equity ETF (the “Fund”).
INDEX PRODUCT LICENSE AGREEMENTIndex Product License Agreement • March 20th, 2018 • Impact Shares Trust I
This Index Product License Agreement (“PLA”), dated as of this March 1, 2018 (“PLA Effective Date”), is executed pursuant to, and incorporated by reference into, that certain March 1, 2018 Morningstar Master License Agreement (“Master Agreement”) by and between Morningstar, Inc. (“Licensor”) and Impact Shares Corp (“Licensee”), to form the “Agreement” between Licensor and Licensee with respect to the Product(s), Morningstar Marks and Intellectual Property denominated below. All capitalized terms not defined herein shall have the meanings ascribed to them in the Master Agreement.
SEVENTH AMENDMENT TO THE TIDAL TRUST III FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • January 23rd, 2025 • Tidal Trust III
THIS SEVENTH AMENDMENT effective as of January 15, 2025 (the “Effective Date”), to the Fund Accounting Servicing Agreement dated as of July 11, 2024, as amended, (the “Agreement”), is entered into by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 17th, 2025 • Tidal Trust III • Delaware
This eighth amendment (“Amendment”) to the ETF Distribution Agreement dated as of June 18, 2024 (the “Agreement”), by and between Tidal Trust III (the “Trust”) and Foreside Fund Services, LLC (“Foreside” and together with the Trust, the “Parties”) is entered into as of January 15, 2025 (the “Effective Date”).
TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • February 26th, 2025 • Tidal Trust III • Delaware
This ninth amendment (“Amendment”) to the ETF Distribution Agreement dated as of June 18, 2024 (the “Agreement”), by and between Tidal Trust III (the “Trust”) and Foreside Fund Services, LLC (“Foreside” and together with the Trust, the “Parties”) is entered into as of February 24, 2025 (the “Effective Date”).
TENTH AMENDMENT TO THE TIDAL TRUST III FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • June 16th, 2025 • Tidal Trust III
THIS TENTH AMENDMENT effective as of June 12, 2025 (the “Effective Date”), to the Fund Accounting Servicing Agreement dated as of July 11, 2024, as amended, (the “Agreement”), is entered into by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
FIFTH AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • October 15th, 2024 • Tidal Trust III
THIS FIFTH AMENDMENT effective as of October 10, 2024, to the Fund Administration Servicing Agreement (the “Agreement”) dated as of September 1, 2023 by and between Tidal Trust III , a Delaware statutory trust (the “Trust”), Tidal ETF Services LLC, a Delaware limited liability company (“Tidal”) and Tidal Investments LLC (the “Adviser”), solely in respect of the rights and obligations set forth in Section 4 and applicable provisions of Section 12 and 13 of the Agreement.
FIFTH AMENDMENT TO THE TIDAL TRUST III TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • December 9th, 2024 • Tidal Trust III
THIS FIFTH AMENDMENT effective as of December 3, 2024 (the “Effective Date”), to the Transfer Agent Servicing Agreement (the “Agreement”) dated as of July 11, 2024, as amended, is entered into by and between TIDAL TRUST III, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).