Exhibit (e)(2)(b)

 

FIFTH AMENDMENT TO

NOVATED ETF DISTRIBUTION AGREEMENT

 

This fifth amendment (the “Amendment”) to the novated ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021, by and between Guinness Atkinson Funds (the “Fund Company”) and Foreside Fund Services, LLC (“Distributor”) is entered into as of September 15, 2026 (the “Effective Date”).

 

WHEREAS, Fund Company and Distributor (the “Parties”) desire to amend Exhibit A of the Agreement to reflect an updated Funds list which includes certain share classes of mutual funds listed on one or more national securities exchanges; and

 

WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by the Parties.

 

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties hereby agree as follows:

 

1.Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement.

 

2.Exhibit A of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto.

 

3.Except as expressly amended hereby, all the provisions of the Agreement shall remain unamended and in full force and effect to the same extent as if fully set forth herein.

 

4.This Amendment shall be governed by, and the provisions of this Amendment shall be construed and interpreted under, and in accordance with, the laws of the State of Delaware.

 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, as of the Effective Date.

 

GUINNESS ATKINSON FUNDS  FORESIDE FUND SERVICES, LLC
    
By:   By:
  Jim Atkinson, President     Teresa Cowan, President

 

 

 

EXHIBIT A

 

Funds

 

Guinness Atkinson Smart Transportation & Technology ETF (f/k/a SmartETFs Smart Transportation & Technology ETF)

 

Guinness Atkinson Sustainable Energy ETF (f/k/a SmartETFs Sustainable Energy II ETF)

 

Guinness Atkinson Asia Pacific Dividend Builder ETF (f/k/a SmartETFs Asia Pacific Dividend Builder ETF)

 

Guinness Atkinson Dividend Builder ETF (f/k/a/SmartETFs Dividend Builder ETF)

 

Guinness Atkinson Real Assets Income ETF

 

Guinness Atkinson US Dividend Builder ETF

 

Guinness Atkinson International Dividend Builder ETF

 

Guinness Atkinson Post-Labor Leaders™ ETF

 

Global Innovators ETF (solely with respect to share classes listed on one or more national securities exchanges)

 

Guinness Atkinson K-Beauty ETF

 

Guinness Atkinson AI Drug Discovery ETF