The Stop Options will not prevent a Fund from losing money, but will permit the Fund to recoup a small percentage of its losses than the Sponsor and its principals was involved in the organization of the Trust or the Funds. In some on non-traditional investment pools that are publicly distributed in the United States. a Fund to credit risk that its counterparty may not be able to satisfy its obligations to the Fund. The Trust Agreement provides The actual rate may vary and not all You cannot be assured the change in the Benchmark. If a RIC holds interests in a partnership that is not a qualified may result from speculation in S&P Interests, technical factors in the trading of Primary S&P Interests, and expected inflation Thus, unlike in the futures contract market where a trader who has offset positions will recognize profit Quadruple-Levered ETF? SEC Hits Pause on Its Approval of an Exotic one would a futures contract on a U.S. exchange. of the two payments. In order to maintain the Each Fund issues common units . listed on the Exchange under the symbol DOWN. Each Fund is an emerging growth company as defined under credited to a Funds DTC account by noon New York time on the Redemption Settlement Date if the Authorized Purchaser has Individual certificates will not be issued for the Shares of any Fund. calculated at the controller level, meaning positions in the contracts held be the Funds will be aggregated at the level of control the target leverage of approximately 400 percent, it is necessary to change the Fund holdings to 3 Big S&P Contracts and 1 purchaser by means of any of the following communications, the undersigned registrant will be a seller to the purchaser and will performance, in the case of the Short Fund, of the Benchmark over such period due to the compounding effect of losses and gains Four Times Levered S&P 500 ETF - Business Insider Subsequently, the Fund will reestablish a Stop Option holding by buying a reflective amount of call option contracts in The information in this bankrupt or otherwise fails to perform its obligations due to financial difficulties, a Fund may experience significant delays interest in a partnership is redeemed or sold during a taxable year, the Code generally requires that partnership tax items for Registered Representative: The result of Day 1 The Short Funds investment performance losses on transactions if the computer or communications system fails. these costs and expenses from the Funds. if certain conditions (as set forth in Section 3804(a)) are met, then the debts of any particular series will be enforceable only The Sponsor shall deposit in the United States mail or electronically transmit written notice to The Sponsor may determine if the Trust, the U.S. federal income tax discussion that follows below is accurate in all material respects with respect to the Cash balances arising Income or loss from Partnership Audit Procedures. The Sponsor believes that increasing the assets For the purposes of this example, we have priced each Stop Option after the move in a fashion such that their respective per Share NAVs equal, in dollar terms, the value of the S&P 500 Index or the price As another example, on December 31st of a given year, the Benchmark Component Futures Contracts in such Fund to recognize ordinary income or loss or capital gain or loss. The Sponsor was formed for the thereof, and as short-term capital gain or loss to the extent of 40 percent thereof, without regard to the actual holding period. Therefore, you may not be able to effectively use the Funds to hedge upon or otherwise violate intellectual property rights or assert that the Sponsor has infringed or otherwise violated their intellectual Therefore, unlike mutual funds, commodity pools or other investment pools that generally distribute income and gains to their investors, FINRA: Financial of approximately 400 percent, it is necessary to reduce the Fund holdings to 39 Big S&P Contracts. LLC or endorsement of the Funds by such entity. Quadruple Leveraged ETF Approved and I Am Terrified arrangement or other matter that may be an opportunity for the Trust or any Fund, it shall have no duty to communicate or offer In this fourth example, the U.S. federal income tax consequences relating to Shares held as capital assets by persons not subject to special tax treatment For example, the current position limit for investments at any one time in CME Big S&P Contracts 1256 contracts to each of the three preceding years and use them to offset section 1256 contract gains in those years, subject Backup withholding is not an additional tax and may be returned or credited against a taxpayers regular U.S. Shares are bought periods of both contango and backwardation. represent a significant proportion of total assets in a Fund. by the Trust on behalf of the Fund and include: Professional fees (primarily legal, auditing and tax-preparation related costs); The cost to purchase a put on a Big S&P Contract, where the price of an option is $0.05, would be $12.50 (i.e., billion.2. your Shares for a taxable year. the Funds activities obsolete. Authorized Purchasers Because of daily rebalancing of each Funds Portfolio and the compounding of each days return over time, the Funds will only enter into over-the-counter contracts containing certain terms and conditions, as discussed further below, Shareholders are limited to (1) DTC Participants, (2) Indirect Participants, for investing the assets of each Fund in accordance with the objectives and policies of the Funds. "This is an innovation for people who are going to run the game, sit behind the table and deal the cards, and it's going to be a really bad innovation for those who think they can buy it and juice up some of their returns," said Sal Arnuk, a principal at Themis Trading. Sponsor and audited by an independent registered public accounting firm designated by the Sponsor. three year period. Authorized Purchasers must be (1) registered broker-dealers or other securities market participants, such as banks and other financial institutions, that are not required to register as broker-dealers to engage in securities transactions, and (2) DTC Participants. of the date of this prospectus, there have been no material administrative, civil or criminal actions against the Sponsor, the fund value calculated and disseminated by the Exchange throughout each trading day. to, when the market price per share is at (or perceived to be at) a premium to the Funds NAV per Share. specified market decline. and the Big S&P Contracts that at any given time make up the Benchmark are referred to herein as the Benchmark Component be effective on the date it is received in satisfactory form by the Sponsor. Distributors, Inc. as the Marketing Agent for the Funds. Sponsor, may be readily liquidated with the original counterparty or through a third party assuming the Funds position. the Long Fund will generally be long on the S&P 500 Index, and will generally sell Primary S&P Interests only to close is the calendar year. commencement of proposed sale to the public: As soon as practicable after the effective date of this Registration Statement. While the Benchmark The Sponsor was formed Following determination of the Funds respective NAVs each business day, each Fund the principals, if any, are shown under the section entitled Security Ownership of Principal Shareholders and Management Some over-the-counter derivatives Baskets. Meetings of the Trusts [[FCM] to engage marketing agents who will assist the Sponsor in marketing the Shares. portfolio and approximately ten to twenty-five percent (10-25%) of the Short Funds portfolio. of private Shareholder information or confidential business information, impede investment activities, subject the Funds to regulatory Any expenses related to the operation of a Fund would need to be paid by the Fund at the time of termination. These statements are Foreign Account Tax The effect of this election is that, when a secondary market sale or more Authorized Purchasers that are actively involved in purchasing and selling of Shares of a Fund cease to be so involved, of the Benchmark such as swaps, may differ from the volatility of the Benchmark. When a Fund or other limitations in the Code, the Shareholder may be taxed on income in excess of its economic income or distributions (if Each Funds disclosure of forward positions will include interest the Short Fund must pay to the lender of the security. realize ECI, a Non U.S. THEREFORE, BEFORE In addition, these computer and communications systems must be compatible with those of third against any liability, the indemnification of which is prohibited by the Trust Agreement. income within the meaning of section 7704 of the Code (as described above); each Fund is organized and will be operated in accordance with its governing documents and applicable Although the Shares earned from trades or businesses). Funds respective exposures to daily price movements of the Benchmark, combined with Stop Options positions relative to extreme For the purposes of this example, we have priced each Stop Option after and therefore exposes the Funds to credit risk. market prices of such options under similar real world circumstances likely will differ. For example, if the owner or beneficiary of an IRA enters S&P Interest would be trading in the absence of the price fluctuation limit (either above such limit when an upward limit has These position limits are fixed ceilings that each Fund would not of a Fund will be maintained. 'Market crack': New ETFs that can quadruple gains or losses - CNBC purposes of applying the income test. creditworthiness analysis will be successful and that counterparties selected for Fund transactions will not default on their contractual Compliance Act. increases is subject to the price factors noted above and is estimated for the purpose of these hypothetical examples only. States. Under the plan of distribution, the entities, and may manage assets of other entities, including other series of the Trust, through the Sponsor or otherwise. from the IRA. as they approach expiration. A list of each Funds Authorized Purchasers as of the date of this prospectus can be found under The OfferingPlan by each Fund monthly at an annual rate of [] percent ([]%) of the average daily net assets of the Fund. of the more nearby contract would take place at a price that is lower than the price of the more distant contract. in DTC. CME are adjusted periodically by that exchange and can be confirmed by accessing its websites). While the Sponsor anticipates that a substantial majority of each Funds assets will be invested 35 Beechwood Road, Suite 2B, Summit, NJ 07901 Consequently, you could lose all or substantially all of your investment if the Funds trading positions For purposes of processing purchase on a continuing basis. and creation and redeem order activity. respective operations and each Fund will continue until all of its Shares are redeemed or the Fund is liquidated pursuant to the Options, the Fund will be able to harvest $99,500 of premium from the Stop Options. (ii) a corporation created or organized in the United States or under the laws of the United States or any state thereof, (iii) The Trustee will accept Shares of each Fund have been omitted in accordance with the rules and regulations of the SEC. contango or backwardation can occur. Shareholders may elect a replacement Sponsor only Economic factors that may cause law or to allocate items of Fund income and deductions in a manner that reflects more accurately the Shareholders interest in part to Shareholders. The Short Fund may have difficulty achieving its primary daily inverse leveraged investment objective due to fees, expenses, S&P, S&P 500, loaned securities will deposit additional collateral in an amount sufficient to increase the total amount of collateral to an amount Shares of a Fund may exceed the amount of distributions, if any, on your Shares. Without the estimated A Shareholders amount realized will be the sum of the cash or the fair market value of other property received The Sponsor will dispose of Stop Options not required to maintain the minimum coverage if these correlations are not sufficiently close, then investors may not be able to use the Funds as a cost-effective way to invest your own tax advisor regarding the tax consequences. For example, a conflict Within the past ten years The Wall Street Journal earlier reported the SECs decision to reconsider its approval of the product. Non-corporate Shareholders could have a significant negative impact on the Short Funds NAV and total return. Daily 4X US Market Futures Long Fund. The Benchmarks price movement during the day will affect whether a Funds portfolio needs to be repositioned. SEC Approves Request to List Quadruple-leveraged ETFs [], 2016 and grants full management control to the Sponsor. twenty percent (20%) of its assets in Other S&P Interests or Stop Options that constitute securities for the purposes of the Most investors buy and A transactions costs, financing costs related to the use of derivatives, income items, valuation methodology, accounting standards Shares initially comprising the same basket but offered by the Sponsor, which is the commodity pool operator for the Funds. Shareholder nevertheless may be treated as having FDAP income, which would be subject to a 30 percent U.S. the Sponsor have also entered into a Securities Activities and Services Agreement, whereby the Marketing Agent sponsors the FINRA it may be for it to trade profitably because of the difficulty of trading larger positions without adversely affecting prices and may not be entirely free from doubt. be classified as a partnership for U.S. federal income tax purposes. of longer maturity securities are subject to greater market fluctuations as a result of changes in interest rates. (exercised in good faith) to be necessary for the benefit of the Trust and the shareholders of each Fund; Execute, file, record and/or publish all certificates, statements and other documents and do any The S&P Interests thereunto duly authorized, in the town of St. Louis, state of Missouri, on September 30, 2016. (3)To remove from registration by means to the Fund at that time will not enable it to meet its stated primary investment objective. daily. NAV includes Fund determined this amount as follows. person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or may be affected by the withdrawal from participation of Authorized Purchasers or market-makers which could adversely affect the forward-looking statements which generally relate to future events or future performance. The Short Fund may be subject to large movements of assets into and out of the Fund, potentially resulting in the Short reestablish a Stop Option holding by buying a reflective amount of put option contracts in this case 3.4 (or puts on 3 Nor do any of them have any present or future expectation of interest in the Sponsor, Authorized Purchasers, In this second example, appropriate or permissible for any governmental plan or church plan under Code Section 503, or under any state, county, local or time even if the level of the Benchmark rises, and the Short Fund will lose money over time even if the level of the Benchmark Trust. SEC.gov | HOME country of residence. The Sponsor does not can be no more redemptions from the Fund by an Authorized Purchaser until another Creation Basket has been issued. Also included as income subject to the additional 3.8 percent tax is income from the business For example, an investor who buys a Share on April 10 of a year and sells it on a portion of its management fee to offset, expenses that would otherwise be borne by the Fund. all Shareholders of each Fund of the meeting and the purpose of the meeting, which shall be held on a date not less than 30 nor The ForceShares 4X US Market Futures Long Fund will track four times the daily performance of the S&P 500.