What law prevents someone from choosing to buy stocks from the NASDAQ 100 however they want for a fund?
Actively managed funds like that charge around 0.5% to 1% a year. E.g. [0] The most prominent Nasdaq ETF, QQQ, charges 0.2% [1]
Spacex will be around 4.5% of the index [2].
If you believe the thesis of the article that Spacex is about 30% overvalued, and if the only advantage your fund manager has over the rest of the market is that they will avoid Spacex, they will save you 1% of your money over the lifetime of your investment. Assuming you're saving for retirement in 30 years time, the fees will cost you 15% or more.
Maybe your fund manager finds a Spacex-level mispricing every two years. In that case, they're worth the fees. Some people will tell you nobody can beat the market. My employer among others believes very strongly in the idea that some people do make better investment decisions than average. What is certainly true is that not everyone does.
[0] https://helpcenter.ark-funds.com/what-is-the-fee-structure-e...
[1] https://www.invesco.com/qqq-etf/en/home.html
[2] https://www.fool.com/investing/2026/04/01/how-the-spacex-cou...
You need enough customers to make it profitable at reasonably low expense ratio.
You can make a mutual fund or ETF with any stocks you want, you just can't call it a NASDAQ 100 fund if you're not tracking the NASDAQ 100 index.