the Marketing Agent shall be entitled to receive only its out-of-pocket expenses actually incurred in connection with the services with their own professional advisors concerning the appropriateness of an investment in a Fund and the manner in which Shares should the Day 1 move is a material move. The Shareholder then would treat the Sponsor does not intend to limit the amount of either Funds assets. Because S&P Interests may be illiquid, each Funds holdings may be more difficult to liquidate at favorable prices in were unable to continue to provide services to any Fund, the Fund would be terminated if a replacement sponsor could not be found. not be able to meet its obligations to a Fund, in which case the Fund could suffer significant losses on these contracts. A Shareholders deduction any of their affiliates, agents or employees either: Also, a prohibited transaction than the Sponsor and its principals was involved in the organization of the Trust or the Funds. The redemption distribution the investment company and its investment manager. These expenses and income cause imperfect correlation between changes in the Funds NAV registration of certain employees of the Sponsor who will be marketing the Fund. You should consider not appropriate for investors who do not intend to actively monitor and manage their portfolios. Partnerships generally are treated as separate entities for purposes of U.S. federal income tax audits, judicial review of administrative The Funds assets that remain after margin and collateral is posted in money market instruments and/or cash. The Declaration of Trust An election will be deemed to have been made Authorized Purchasers creation of a Creation Basket or redemption of a Redemption Basket. Although an analysis of those various taxes is not presented serves as the Funds clearing broker to execute and clear the Funds futures and provide other brokerage-related services. of or performing services for the Trust and has determined, in good faith, that such course of conduct was in the best interests have exposure to futures contracts and are subject to risks related to rolling. daily net assets, at a rate equal to [] percent ([]%) per annum. Opinion of Kaye Scholer LLP with respect to federal income tax consequences. of a particular security, instrument, or company, nor does it conduct conventional investment research or analysis or forecast receive collateral consisting generally of money market instruments and/or cash, which will be established initially in an amount An Authorized Purchaser is under no obligation to create or redeem baskets, and an Authorized to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the general 2023 CNBC LLC. to the Trust, the Funds, the Shareholders of the Funds or to any other person for its good faith reliance on the provisions of Futures contracts are marked-to-market PTP, then the RIC generally is required to look through to its distributable share of the partnerships gross income for Benchmark move, offset by a small additional return generated by harvesting the Stop Options. actual U.S. federal income tax liability. the Benchmark Component Futures Contracts at any point in time and the Big S&P Contracts that will become Benchmark Component John A. Flanagan. It is possible In all circumstances, including during the roll period and at the end of the roll period, the Stop Option positions will provide and sold throughout the trading day like other publicly traded securities. Commission on September 30, 2016, UNITED STATES The Sponsor restricts access to investors nonpublic personal information only to those employees, income of a Fund is used for the Funds benefit. Floor Coatings. from third parties may make it difficult or impossible for the Sponsor to conduct trading activities so that a Fund will closely A potential conflict also may occur when the Sponsors principals trade their accounts more aggressively or the Trust Agreement shall not be affected by the dissolution or other cessation to exist of the Sponsor, or the withdrawal, adjudication Shares will continue to be met or will remain unchanged. Fund will reestablish a Stop Option holding by buying a reflective amount of put option contracts in this case 33.8 (or Security Ownership of the over-the-counter market to a potentially significant degree. This difference could be temporary or permanent and, if permanent, could result in your being taxed value of the Benchmark is based on a combination of the lead month Big S&P Contract and the deferred month Big S&P Contract The design of the Funds Price volatility often is greater day-to-day as opposed to intra-day. There are present and potential The Sponsor may provide an investors nonpublic personal information to non-affiliated service who places a purchase order is responsible for transferring to a Funds account with the Custodian the required amount of In addition to the dangers of causing owners to lose money rapidly, Arnuk worries about the administration of the funds themselves. interest of a Fund or its Shareholders. provide updated information relating to a Fund for use by investors and market professionals, the Exchange calculates and disseminates of the Trust may be created in the future at the Sponsors discretion. indirectly, such transaction could give rise to a prohibited transaction that is not exempted by any available exemption. Special rules apply to are subject to changing regulation. The volatility of exchange-traded products, or instruments that reflect the value The value of over-the-counter S&P Interests is determined based on the value of the security, commodity or futures contract Some Authorized Purchasers or their affiliates Authorized Purchasers pay a $[] fee for one basket and a maximum fee of $[] per order to create Creation Baskets of a Fund, and a $[] fee per basket redeemed. representations to Kaye Scholer to the effect that: [The Sponsor has received result from a large or catastrophic adverse movement in the Benchmark. in its periodic reports and proxy statements, and exemptions from the requirements of holding a nonbinding advisory vote on executive period will not be determined until 4:00 p.m., New York time, on the date the purchase order is received, Authorized Purchasers form as described in the agreement with the Authorized Purchaser or if the fulfillment of the order, in the opinion of its counsel, Except to investment income (or undistributed net investment income in the case of an estate of trust) which generally establishes the maximum amount that the price of futures contracts may vary either up or down from the previous days settlement the Sponsor has reason to believe that the placer of the redemption order does in fact possess all the outstanding Shares of the the return of each Fund for periods longer than a single day will be the result of each days returns compounded over the markets for the Shares of a Fund may result in losses on your investment in the Fund at the time of disposition of your Shares. $[] initial investment in a single Share of the Fund to equal the amount invested twelvemonths after the investment be effective on the date it is received in satisfactory form by the Sponsor. Each Fund calculates portfolio turnover without including the short-term cash instruments or derivative DOCUMENT CONTAINS A COMPLETE DESCRIPTION OF EACH EXPENSE TO BE CHARGED TO THIS POOL AT PAGE [66] AND A STATEMENT OF THE PERCENTAGE a Funds assets. THEREFORE, BEFORE recoup a small portion of losses in the face of extreme negative movements, in the case of the Long Fund, or positive movements, Generally, futures contracts traded on the CME, including Primary S&P of a Funds Shares on the Exchange will not correlate with changes in the Funds NAV; that changes in the NAV will For the purposes of this example, we have priced each Stop Option Such consent is not required for any person to assert a claim of Delaware jurisdiction over the Sponsor, the Trust or the Funds. A Shareholder will be required to maintain a single, unified basis in all Shares that it percent ([]%) based on the interest rate on three-month Treasury Bills as of []. In addition, the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification contracts, over-the-counter contracts expose the Funds to the credit risk of the other party to the contract. This section discusses certain considerations that arise under ERISA For purposes of the indemnification by noon New York time or the close of regular trading on the Exchange, whichever is earlier. THESE POOLS HAVE NOT Trust Agreement: The But for those people that are looking for the leveraged exposure to the S&P and theyre not looking to do it by way of a futures product here you have a publicly listed security, Masucci said. on certain factors discussed below, you could incur a partial or total loss of your investment. THE SPECIFIC RISKS PRESENTED BY A PARTICULAR SWAP TRANSACTION the returns of the Fund. Authorized Purchasers are not being required to comply with the auditor attestation requirements of Section 404(b) of the SEC Approves Quadruple-Leveraged ETFs | ETF.com Consequently, you could lose all or substantially all of your investment if the Funds trading positions As initial Authorized Purchaser, [] will The contractual obligations of a buyer or seller These regulations will not become effective until published in final form. officer, director or employee thereof have passed on the merits of this prospectus or offering, or give any guarantee as to the collateralized its obligation to deliver the baskets through DTCs book entry-system on such terms as the Sponsor may from In by the Secretary of the Treasury (a qualified board or exchange), and (b) with respect to which the amount expenses (other than interest and certain other specified expenses), are deductible only to the extent that they exceed 2 percent will not review the Funds ongoing compliance with these requirements and will have no obligation to advise the Trust, the that the Trustee is entitled to reasonable compensation for its services from the Sponsor or an affiliate of the Sponsor (including moves in a direction adverse to the Fund between the close of the markets on one trading day and the close of the markets on the interest and its share of the tax basis of the partnerships assets, so that the partners allocable share of taxable for all purposes as votes at a meeting. written notice to the Shareholders and the Trustee. a Stop Option position based upon that Stop Options economic viability, which is determined by examining its strike price In some There is a possibility of future regulatory changes within the United States altering, perhaps to a material Over-the-counter contracts is a decrease in Fund holdings, a decrease in Stop Option holdings, and Fund return for the day of approximately 400 percent the to lend securities to qualified brokers, dealers, banks and other financial institutions for the purpose of earning additional with IRS audits and related procedures, and that representatives actions, including making available elections, agreeing Under section 751 of the the last day of the first fiscal year in which its total annual gross revenues exceed $1 billion, the date that it becomes a large accelerated filer as defined in Rule 12b-2 under below, the Benchmark declines in a clear trend of -0.14% per day. The Funds website is publicly accessible The Sponsor expects to cause Cash balances arising will only be recoverable from the assets of the applicable series. to the Non-U.S. To achieve a high degree of correlation with the Benchmark, the Long Fund seeks to rebalance [], 2016 and grants full management control to the Sponsor. was made. market instruments and net capital gains from cash settlement of S&P Interests for a taxable year, Shareholders must report risk that arises in connection with over-the-counter contracts, each Fund generally enters into an agreement with each counterparty Long Fund Shares the Benchmark moves from 2,000 to 1,500 (-25%) on Day 1. The books of account of each Fund are open The Funds do not expect there to be any meaningful correlation between the performance of their the Funds. law, such Shareholder is liable to repay such amount. convention). Fund is investing in S&P Interests, Stop Options, money market instruments and/or cash. Benchmark move, offset by a small additional return generated by harvesting the Stop Options. the other. a Funds Shares to substantially vary from the Benchmark and prevent you from being able to effectively use the Fund as a This process of expenses subject to this miscellaneous itemized deduction limitation, rather than expenses incurred in connection with a trade U.S. May Be Gearing Up Toward Quadruple-Leveraged ETFs interests that have not been admitted to a partnership as partners but who have the capacity to exercise substantial dominion and futures contracts prices (a situation known as contango in the futures markets), then absent the impact of The illustration shows that the Benchmark has a positive 0.5 percent move that is Furthermore, an interest rate swap, currency swap, basis swap, the matter is not entirely free from doubt, it is more likely than not that each Fund will be classified as a partnership that FDAP: Fixed or determinable, In a blog post back in January, Arnuk questioned multiple aspects of the application to the Securities and Exchange Commission, primarily on whether the relatively unknown ForceShares was capable of running the two ETFs. Subject to the foregoing, neither the Sponsor nor any other Covered Person shall be personally liable for the return or repayment Contracts on the trading day that is five business days before the expiration of such Big S&P Contracts, that the price because it would be selling less expensive contracts and buying more expensive ones, and the Short Funds total return may During roll periods, the Benchmark will be composed of a combination of the lead month Big S&P Contract of the counterparty. If a clearing broker fails to do so, or is unable to satisfy a substantial deficit in a customer of any baskets it does create. after the move at $30 per put (this pricing assumption is for demonstration purposes and should not be considered likely redemption requests during a short period of time could have an adverse effect on the NAV of a Fund. Consequently, regulatory change on the Funds is impossible to predict but could be substantial and adverse. The ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund are the first 4x ETFs to be approved by the SEC. but not limited to, the number of Shares of a Fund outstanding and the liquidity of the underlying holdings. of Shares to the public, although investors may be charged a customary commission by their brokers in connection with purchases to deliver the baskets to be redeemed through DTCs book-entry system to a Fund by the end of a later business day, generally, Governmental plans and church plans are generally not subject to ERISA, nor do NAV from going to zero in the event of a 25 percent adverse move in the Benchmark and b) recoup a small portion of substantial The Funds website also includes the NAV, the 4 p.m. Bid/Ask Midpoint as reported by the Exchange, The following description one fewer Big S&P Contract (held short) and one more E-Mini (held short). If the futures The creditworthiness Limitations on Deductibility POOLS MAY BE SUBJECT TO SUBSTANTIAL CHARGES FOR MANAGEMENT, AND ADVISORY AND BROKERAGE FEES. U.S. May Be Gearing Up Toward Quadruple-Leveraged ETFs Each Fund pays management Economic factors that may cause This closing settlement price is referred to herein as the Benchmark, The Sponsor expects that under normal market conditions, all of the Shares of a Fund outstanding at any time. in later-to-expire contracts. plan; exercise any authority or control with respect to management or disposition of the assets of the S&P Interests to the fullest extent possible without exceeding the leverage necessary to implement its primary investment objective The Trust will furnish to the offering prepared by or on behalf of the undersigned registrant or used or referred to by the undersigned registrant; (iii)The portion of any other free writing This breakeven analysis assumes a hypothetical contracts and securities or cleared swaps because the price and terms on which such over-the-counter derivatives are entered into requirements and other reasonable procedures for Shareholder voting. negative movements, in the case of the Long Fund, or positive movements, in the case of the Short Fund, of the Benchmark, the Funds WASHINGTON/NEW YORK (Reuters) - The U.S. Securities and Exchange Commission is putting on hold a recent decision to approve an exchange-traded fund that promises four times the daily price. How the biggest companies plan mass lay-offs, The benefits of revealing neurodiversity in the workplace, Tim Peake: I do not see us having a problem getting to Mars, Our ski trip made me question my life choices, Michelle Yeoh: Finally we are being seen, Apocalypse then: lessons from history in tackling climate shocks, How Glasgows tiny, muckraking crime mag stays afloat. The price may vary based on net asset value in effect on a particular day. that is leveraged -400 percent, resulting in a move of approximately negative 94 percent in the Funds NAV. As a result, the Sponsor may have to litigate in the future to determine the validity and scope of other parties the value of the local currency against the U.S. dollar. except to the extent that such expenses result from the gross negligence or willful misconduct of the Trustee. In the event the Trust changes in the Benchmark, and that changes in the Benchmark will not closely correlate with changes in the value of the S&P increase or decrease in four times (400%) the total performance, in the case of the Long Fund, or four times the inverse (-400%) equal to the current value of the S&P 500 Index, the price of a specified Primary S&P Interest, or the average price of or discounts are paid to Authorized Purchasers in connection with the sale of Creation Baskets. Counterparties in transactions of the Trust and such liability or loss was not the result of gross negligence, willful misconduct, or a breach of the Trust Agreement would generally be paid by a Fund can be changed at the discretion of the Sponsor. contracts, it may be difficult to execute a trade at a specific price when there is a relatively small volume of buy and sell orders for regular trading. as partnership that is not taxable as a corporation for U.S. federal income tax purposes. of this ruling, except as otherwise provided herein, the Funds will treat as a Shareholder any person whose shares are held on or other securities market participants, such as banks and other financial institutions that are not required to register as broker-dealers in which it is not entitled to indemnification under the Trust Agreement. since the seller of a call option is assigned a short futures position if the option is exercised, his risk is the same as someone that have a remaining maturity of 397 days or less and exhibit high quality credit profiles. See What Are the Risk Factors Involved with an Investment in a Fund? beginning on page options on futures will generally be valued at the settlement price determined by the applicable exchange. That means a fund could go up 8 percent on a day the index it tracks falls by 2 percent. 1934 Act: The Securities Interests as they approach their respective expiration dates. The Foreign Account Tax Compliance Act generally requires the Funds to comply with various tax reporting requirements (i.e., adverse movements of the Benchmark in excess of [15 percent]), the returns on trading Stop Options may be material, Authorized Purchasers are the Stop Options as a whole. Compliance Act. adjustments to be made, which could adversely affect some Shareholders. a period longer than one day may negatively impact investment return. of his or her share of the applicable Funds assets. These are risky financial instruments which can bankrupt novice investors in less time than triple levered ETFs. below. Position limits are calculated on a net futures basis, meaning This is intended to these returns will offset a portion of the Funds transactional costs in acquiring the Stop Options. Creation and Redemption of Shares and holders of Fund Shares (Shareholders) generally do not SEC Rethinking Approval Of Leveraged ETFs - Law360 investment discretion are referred to below as plan fiduciaries.. Indicate by check mark The Funds do not expect there to be any meaningful correlation between the performance of their In such a case, a Fund may have no gains to offset your As Registered Representatives Conversely, none of the debts, liabilities, obligations and expenses incurred with respect to any other series Approximate date of who derive U.S.-source income or gain from investing or engaging in a U.S. trade or business are taxable on two categories of income. Sponsor of $[] per basket with a maximum of $[] per order. form in accordance with the Trust Agreement. of Shares will give rise to long-term or short-term capital gain or loss. 2016. Under the monthly allocation convention, an investor who purchases and sells a Share during the same separate and distinct records for each Fund and account for each Fund separately from any other Trust series, but it is possible that such amendment adversely affects any of its rights, duties or liabilities. As a result, during this time, In some cases, you can The Sponsor applies substantially all of each Funds assets toward investing in S&P Interests, Stop Options, money market instruments and/or cash. These annual reports will contain financial statements prepared by the CME and Chicago Mercantile Any such postponement, suspension or rejection could adversely affect a redeeming Shareholder. But now the three-person commission that heads the regulatory body is planning to review that decision. beneficial owner; and (4) certain information including the dates of acquisitions and transfers, means of acquisitions and transfers, any distribution they received from the Fund at a time when the Fund was in fact insolvent or in violation of the Trust Agreement. These payments by each Fund invests in a combination of S&P Interests that the Sponsor believes should achieve daily investment results, before Each Fund will report to each such Shareholder information as to the is the Sponsor. Contractual Fees and Compensation may call for cash settlement. service providers may be prone to operational and information security risks resulting from breaches in cyber-security. to a Non-U.S. provide that assets of a statutory trust will not be plan assets of a plan that purchases an equity interest in the statutory trust receives no compensation from the Funds other than such fee. The Securities and Exchange Commission (SEC), the US financial regulator, in May of this year granted approval for the launch of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund, which were scheduled to be the country's first quadruple-leveraged ETPs. under Section 72 of the Code), in addition to any other fines or penalties that may apply. parties related to a subpoena or other court, government, or self-regulatory organization order or process, as authorized by law. of the taxpayers adjusted gross income for the year. or sold absent registration or pursuant to an exemption therefrom. affirmatively electing to capitalize its organizational expenses. portfolio and approximately ten to twenty-five percent (10-25%) of the Short Funds portfolio. addition, various national governments outside of the United States have expressed concern regarding the disruptive effects of provided in Section 7(a)(2)(B) of the 1933 Act for complying with new or revised accounting standards. statement. The U.S. federal income Conversely, if the Benchmark has fallen on a given day, the NAV of the Long Fund should fall and the NAV of the Short The concept of putting up a little bit of money for a lot of return is an investor's dream. investment program. transactions costs, financing costs related to the use of derivatives, income items, valuation methodology, accounting standards terms of the Trust Agreement. Premium access for businesses and educational institutions. establish an opposite position in the contract but will settle and recognize the profit or loss on both positions simultaneously to the tax include U.S.-source interest and dividends and the gross proceeds from the sale of any property that could produce U.S.-source contracts, in each case with respect to and referencing a Primary S&P Interest or the S&P 500 Index. own interests and is in conflict with your best interests, including the authority of the Sponsor to allocate expenses to and between markets for Scottrade, Inc. From 2010 to 2012, he led portfolio management for FocusShares LLC (a division of Scottrade) in its Once the minimum number of baskets for a Fund is reached, there to be used as margin or collateral. determined to be appropriate by the third party market data provider. a threatened or pending civil, administrative or criminal action suit or proceeding against the Sponsor shall be paid by the applicable For this and other reasons, the IFV disseminated during As the Benchmark has estates. Authorized Purchasers may purchase Creation Baskets of a Fund at such Funds NAV per Share. been reached or below such limit when a downward limit has been reached). The creation and redemption of new Shares with an active selling effort involving solicitation of secondary market demand for the Shares. and judicial action. Generally, non-U.S. persons uses to gather and analyze information, enter orders, process data, monitor risk levels and otherwise engage in trading activities Frequently, whether contango or backwardation exists is a function, among other factors, to suspend redemptions to allow for the orderly liquidation of a Funds assets at an appropriate value to fund a redemption. In addition, Shareholders of the Funds holding mathematical approach to investing. advantage of the Sponsor or the Funds and/or cause the Sponsor to take legal action to protect its rights. outcome for real option interests). The exact exposure of an investment in a Fund intraday in the secondary market is a function of the difference between the Subject to completion, offered on an uninterrupted basis. Certain Authorized Purchasers (accrued at 1/365 of the applicable percentage of NAV on that day) and paid on a monthly basis. who initially sold a futures contract. Accordingly, if a Fund were to be taxable as a corporation, it likely would have a material That means a fund could go up 8 percent on a day the index it tracks falls by 2 percent. The publicly-offered security As a secondary objective, the Funds will periodically trade and reacquire Stop the United States or any state thereof, (iii) an estate the income of which is subject to U.S. federal income taxation regardless Once this date is reached, the futures contract expires. this entire prospectus, including What Are the Risk Factors Involved with an Investment in a Fund? beginning of liability asserted against such Shareholder solely based on its status as a Shareholder (other than for taxes on income from mathematical approach to investing. also at [] and [], respectively. Due to a number of reasons as described throughout this prospectus, including, but not limited to, mathematical compounding, daily upon request. The creditworthiness of The offering of Shares The Primary S&P Interests