Kauffman’s newest report throws ETFs under the bus. Too bad it’s INSANE.
Yesterday’s report from Harold Bradley and Robert E. Litan of the  Kauffman Foundation aimed to rock the indexing world, shatter the  foundations of the industry and give ETF investors the heebie-jeebies.  Even though it’s wrong, it could succeed.
The core argument of the report’s 84 pages, available from 
Kauffman’s site,  is that exchange-traded funds have fundamentally altered the markets  for the worse. It cites ETFs as a threat to market stability, negatively  affecting stock prices through their structure and mechanics. It says  ETFs are shrouded in a fog of mystery and in desperate need of further  transparency. And it says that the rise of index trading has destroyed  the prospect of IPOs.
All of this is wrong. It’s the ghost story investors might tell themselves around a campfire: an entertaining work of fiction. It might be helpful to take the key assertions from Bradley and Litan’s report and shine a light on them.
- ETFs pose serious threats to market stability in the future.
That’s a serious statement. Bradley and Litan’s report suggest that,  in a high-volatility situation, ETFs will have liabilities they can’t  fulfill. The worry is that investors will place huge buy orders for an  ETF, flooding it with cash, and the ETF will have to chase stocks trying  to put that cash to work.
Strangely enough, the place where this liability exists is in the  world of traditional open-ended mutual funds, where investors can drop  huge amounts of cash into the funds at the end of the trading day. The  fund has a responsibility to grant them the NAV struck just moments  later, but must go into the market and buy shares the following day.
ETFs work exactly the opposite way. When an authorized participants  create new shares of an ETF, they must typically deliver to the ETF  company the 
exact securities the ETF wants to hold. The ETF  gives them an equal value in ETF shares in exchange. You can’t create  new shares of an ETF if you can’t buy the underlying. That’s just the  way it works, and to argue otherwise is to claim that up is down.
- ETFs are radically changing the markets, to the point where they—and  not the trading of the underlying securities—are effectively setting  the prices of stocks of smaller capitalization companies, or the  potential new growth companies of the future.
There’s some truth to this, but only if you replace “ETFs” with “institutional money.”
Let’s look at the numbers: Traditional mutual funds have $11.2  trillion in assets, while ETFs have just $980 billion. The market cap of  the S&P 500 is $10 trillion. One trillion dollars of that market  cap is owned in indexes, and just $100 billion of that is in ETFs. That  means that ETFs represent 1 percent of the market.
The Kauffman point argues that this doesn’t matter, because the  constant trading in the baskets makes ETFs different, and in effect,  “price setters.” I would counter that at least ETFs represent actual  ownership of the underlying, unlike futures, which have been acting as  the big-money price setters for decades. On any given day, the futures  market trades 10 times the notional value of SPY: $100 billion a day vs.  $10 billion. Who’s driving what?
From the beginning of the report, Bradley and Litan refer to ETFs as  derivatives, throwing the label around like a scarlet letter the funds  must wear. To call ETFs derivatives—any more than any other pooled  vehicle—is simply wrong. To then paint them with a brush that should be  reserved for true derivatives is simply a scare tactic.
- Short positions in ETFs are somehow magically different than short  positions in any other security, and issuers should be forced to  “create” shares for notional long exposure.
 Issuers don’t create—APs create. The Kauffman study, like all the  other reports we’ve debunked this year, just doesn’t get how this works.  You can’t present “shorted” shares for redemption—you have to present  settled shares. And if I have lent my shares out, I can’t redeem them.  And I won’t try to, because I know they’re on loan.
Yes, that means that if there’s a panic to cover shorts, people will  have to buy up shares of the ETF on the open market, or make new shares  through creation. Yes, that means you could get a lot of buying activity  in the underlying. Yes, that means—just like in any stock that’s  heavily shorted—prices will go up when everyone runs to cover their  shorts. But this has nothing to do with the ETF structure.
The proposal that the issuer magically “create” extra shares for the  notional short exposure is frankly impossible. How would that happen?  With whose capital? With what stocks? I’m chalking this one up to a  misunderstanding of the basics.
- Intra-asset correlation is killing the capital markets, and killing IPOs.
After a recent report from Hennessee cried foul in the name of hedge funds. But the points are worth repeating. Correlations between groups of stocks—say, small-caps and  large-caps—are constantly shifting. Yes, we’re at a relative high in  some cases. Yes, as more and more 
indexed money comes in—a trend we’ve seen since the ’70s—one would expect correlations to be high.
If, however, markets were becoming hugely inefficient, you would  expect a huge upswing in private equity, where large companies would  gobble up the “undervalued” small ones. We haven’t seen that. Private  equity and M&A activity is down. We similarly haven’t seen small-cap  active funds beating the indexes, which you would expect if there were  gross misvaluations in the market.
Further, in times of crisis, all correlations go up, because  investors become “risk on/risk off” investors, not stock pickers. This  has happened in every bear market, and during every market crisis. Kauffman suggests that this can be cured by allowing small companies  to “opt in” to indexes. Leaving out the legal implications of this,  consider: You’re the CEO of a small-cap company and have to choose  between Russell adding you or having a bazillion dollars of  institutional money buy your stock.
Which answer lets you keep your job?
- ETFs have high fail rates.
The report actually hits this one square on the head. This is bad and  shouldn’t be tolerated. Reporting requirements for fails on 
all equities, including ETFs, should be improved, and there should be more substantial consequences.
I understand that firms like Kauffman are nervous about the rise of  exchange-traded funds in recent years. I get it—change is scary. But  throwing all of indexing under the bus isn’t the solution to the  problem.
The truth is there are any number of ways indexing has 
improved  the market, adding a level of transparency and control that investors  simply haven’t had before. The focus on index trading has put more  importance on macroeconomic trends than individual securities, and while  that changes the nature of investing, it’s a positive move forward.
It’s a brave new world and the less fear-mongering we have in it, the better.
Disclosure I am  long many etfs.