ETF Arbitrage via Intraday NAV Swaps and Portfolio Segmentation

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Solution Overview

Problem

Active ETFs face a challenge in maintaining confidentiality of their portfolio trading information while facilitating arbitrage between market trading prices and underlying real-time portfolio values, as full portfolio disclosure can lead to front-running and copycat investing.

Innovation Solution

A system and method that enables arbitrage between market prices and underlying values of ETF shares by using intraday net asset value (NAV) swaps, allowing for periodic entry and exit from NAV swaps between an ETF party and swap counterparties, while maintaining confidentiality through controlled disclosure of portfolio information.

Engineering Contradictions & Design Principles

VSEngineering Contradiction Analysis

1Productivity

If full portfolio disclosure is provided to enable arbitrage, then arbitrage efficiency is improved, but portfolio confidentiality deteriorates leading to front-running and copycat investing

Engineering Contradiction:
Improvearbitrage efficiencyVSAvoidportfolio confidentiality
Core Design Contradiction:
ProductivityVSLoss of information

Solution Approach 1:

The patent segments portfolio information disclosure by providing different levels of information to different parties. Full portfolio information is disclosed to authorized participants and swap counterparties who have entered into confidentiality agreements, while only aggregated or partial information is made publicly available. This segmentation enables arbitrageurs to access necessary information for efficient arbitrage while preventing front-running by general market participants.

Inventive Principle:
Principle #1Segmentation

Solution Approach 2:

The patent introduces swap counterparties as intermediaries who facilitate the arbitrage process without requiring full public disclosure of the portfolio. These counterparties receive confidential portfolio information under contractual obligations and enable arbitrage transactions based on the spread between ETF market price and NAV, thereby maintaining portfolio confidentiality while supporting arbitrage efficiency.

Inventive Principle:
Principle #24Intermediary (Mediator)

2Loss of information

If portfolio information is kept confidential to prevent front-running, then portfolio confidentiality is improved, but arbitrage capability deteriorates

Engineering Contradiction:
Improveportfolio confidentialityVSAvoidarbitrage capability
Core Design Contradiction:
Loss of informationVSProductivity

Solution Approach 1:

The patent employs swap counterparties as intermediaries who bridge the gap between portfolio confidentiality and arbitrage capability. These counterparties receive confidential portfolio information under contractual obligations and enable arbitrage transactions by allowing authorized participants to enter into NAV swap agreements, thereby maintaining confidentiality while preserving arbitrage functionality.

Inventive Principle:
Principle #24Intermediary (Mediator)

Solution Approach 2:

The patent extracts the essential portfolio information needed for arbitrage and separates it from the full portfolio disclosure. Instead of requiring complete portfolio transparency, the system extracts key valuation data and portfolio metrics necessary for NAV calculation and arbitrage, making this extracted information available to swap counterparties and authorized participants while keeping the rest of the portfolio confidential.

Inventive Principle:
Principle #2Taking out (Extraction)

3Loss of information

If intraday NAV swaps are implemented to maintain confidentiality, then portfolio confidentiality is improved, but system complexity increases

Engineering Contradiction:
Improveportfolio confidentialityVSAvoidsystem complexity
Core Design Contradiction:
Loss of informationVSDevice complexity

Solution Approach 1:

The patent implements a multi-functional swap mechanism that serves multiple purposes: it enables arbitrage transactions, maintains portfolio confidentiality, provides intraday NAV valuation, and manages risk exposure. The NAV swap agreement is a universal instrument that combines valuation, hedging, and information access functions, reducing the need for separate complex systems while achieving confidentiality preservation.

Inventive Principle:
Principle #6Universality (Multi-functionality)

Solution Approach 2:

The patent incorporates feedback mechanisms where swap counterparties provide real-time or intraday NAV valuations based on portfolio performance, which in turn informs arbitrage decisions and portfolio management. This feedback loop enables dynamic adjustment of arbitrage positions while maintaining confidentiality, as the feedback is provided through confidential channels to authorized participants rather than public disclosure.

Inventive Principle:
Principle #23Feedback

Data Source

PatentUS11593879B1System and method for enabling arbitrage between market price and underlying value of exchange-traded fund shares
Publication Date: 2023.02.28 MORGAN STANLEY SERVICES GROUP INC
  • US11593879B1 patent drawing
  • US11593879B1 patent drawing
  • US11593879B1 patent drawing

AI summary

A system and method is provided for administering an actively managed fund having shares tradable on an exchange, to support efficient secondary market trading. A Fund Module defines an actively managed ETF. A Portfolio Module tracks a portfolio held by the ETF while maintaining confidentiality of at least a portion thereof. A Basket Module publishes Creation and Redemption Baskets including a subset of the fund portfolio. A Current Valuation Module calculates a current Intraday NAV for the portfolio and Baskets throughout a trading day. A Swap Module provides for periodic entry and exit from NAV Swaps between an ETF Party and Swap Counterparties, who exchange payments based on performance of the fund portfolio and the Fund Basket. A Creation/Redemption Module permits creations and redemptions of ETF shares in exchange for the Fund Basket. Arbitrage is permitted between ETF share price and Intraday NAV without full portfolio disclosure.