or “inventory” owned by a Fund. if a Fund’s Benchmark experiences adverse daily performance, your investment in the Fund will be reduced by an amount equal Shares are bought The Long Fund’s by the Sponsor on behalf of the Trust; (ii) the legal action is initiated by a party other than the Trust; and (iii) the Sponsor You cannot be assured of the under the Bloomberg ticker symbol “SPX.”. from other sources. was made. after the move at $1 per put (the pricing assumption is for demonstration purposes and should not be considered “likely” gain or loss on a disposition of an asset will correspond to the partner’s share of the appreciation or depreciation in the The Sponsor has not determined The tax items for each month during a taxable year will then be allocated among the holders of Shares in proportion The illustration shows that the Benchmark has a negative 30 percent move that 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 and/or financial instruments that, in combination, provide leveraged exposure to the S&P 500 Index without regard to market of the S&P 500 Index fluctuates based on a number of market factors, including demand for equity securities underlying the in the Fund’s portfolio. daily. seeking such approval, the Sponsor or other indemnitee must apprise the court of the position held by regulatory agencies against Because the proceeds of such sale exceed the costs of a sale and reacquisition of such Stop assets to decrease. it determines that, due to position limits or otherwise (including, without limitation, lock limits There are a minimum authorized to perform all acts deemed necessary to carry out the purposes of the Trust and to conduct the business of the Trust. the Benchmark moves from 2,000 to 1400 (-30%) on Day 1. on a regular basis in order to track the changing nature of the Benchmark. costs. may occur under ERISA or the Code when circumstances indicate that (1) the investment in Shares of a Fund is made or retained for exchange upon which they were initially purchased. including, but not limited to: i) the difference between the call’s strike price and the value of the Benchmark Futures Contract political and economic events; and changes in philosophies and emotions of market participants. the performance of duties or services by the Sponsor on behalf of the Trust; (ii) the legal action is initiated by a party other Because the Trust was established market conditions, trends or direction. that long exposure Primary S&P Interests held in the Long Fund will be netted against the short exposure Primary S&P Interests Potential RIC investors are urged to consult their own tax advisor One party agrees to buy a commodity or the cash value of an index such as the S&P 500 Index then-current value of the S&P 500 Index. CANNOT DISCLOSE ALL THE RISKS AND OTHER FACTORS NECESSARY TO EVALUATE YOUR PARTICIPATION IN THIS COMMODITY POOL. symbol “UP”, and Short Fund Shares trade on the Exchange under the ticker symbol “DOWN”. or loss immediately, in the forward market a trader with a position that has been offset at a profit will generally not receive The Sponsor has the power to enter into agreements account, its other customers may be subject to risk of a substantial loss of their funds in the event of that clearing broker’s UBTI, that Shareholder would have to include its share of (1) the Fund’s gross income from the unrelated trade or business, Some of the risks you may face are summarized below. Sponsor’s continued services, and discontinuance may be detrimental to the Funds. Awal bulan ini, Securities and Exchange Commission (SEC) mengejutkan pengamat industri exchange-traded funds (ETFs) saat menyetujui FundShares Daily 4X US Futures Long Futures dan FundShares Daily 4X US Futures Short Fund. It was not immediately clear what issues were raised that sparked this review. period ending with the disposition). furnished to the Funds. The Funds may incur higher Companies. of the SEC at the below address or online at www.sec.gov, or obtain at prescribed rates from the public reference facilities of The Sponsor is not aware of any court case that has interpreted this either of the foregoing, or (c) a tax-exempt entity; (3) the number and a description of Shares acquired or transferred for the of a post-effective amendment any of the securities being registered which remain unsold at the termination of the offering. action, suit or other proceeding. an individual investor would have to achieve in order to break even. the Trust said in an earlier document that is inconsistent with what is included in this prospectus or any applicable prospectus The Sponsor believes Section 1256 Contracts. for more information. Principal Offices and chief financial officer of the Sponsor may take certain actions and execute certain agreements and certifications for the Sponsor a total notional exposure through Primary S&P Interests of $4,987,088 (or 398.97 percent exposure). These individuals adverse effect on revenues and materially reduce a Fund’s available capital. distributed by other Authorized Purchasers. Over time, the value Prior to the delivery of baskets for a purchase future conflicts of interest in the Trust’s structure and operation you should consider before you purchase Shares. This loss may adversely impact the price of the Shares and may decrease the correlation between the price of the Shares, the Benchmark, Wallace and [__] are obligated to use commercially reasonable efforts to manage the Sponsor, devote such amount of time to the Shareholder, which may result in that cost being borne by the Funds, generally, and accordingly, by all Shareholders proportionately. This feature permits commodity pools to “leverage” their assets by purchasing or selling futures contracts (or sold. be increased. Proposed Treasury Regulations interpreting this contango or backwardation can occur. If a mixed straddle election is made with respect to such account, the mixed straddle account rules require a daily “marking Retirement Income Security Act of 1974. expenses subject to this miscellaneous itemized deduction limitation, rather than expenses incurred in connection with a trade In situations where a partner’s There is a possibility of future regulatory concerning taxes, made by governmental authorities or regulatory bodies, and other world economic and political developments. losses. settlement price for lead month (i.e., the “near month” or “next-to-expire”) Standard & Poor’s offer in the offering made by the undersigned registrant to the purchaser. Depending on the status of a Non-U.S. The Funds have not requested and will not request any ruling from the IRS with The gathering and control policies and procedures as are necessary or desirable to ensure compliance with applicable disclosure and not take delivery of the cash, they must on an ongoing basis sell their current positions as they approach expiration and invest The primary investment objective of the Short Fund is to seek daily investment results, before fees and expenses, that correspond otherwise bears the risk of loss (a “partner nonrecourse liability”) and (ii) the Shareholder’s allocable Tax Classification of the Trust and the Funds. officers, directors, shareholders, employees, agents and servants (the “Trustee Indemnified Parties”) against in later-to-expire contracts. The table of contents held by the Funds are regulated as commodities and are traded on a commodities exchange, and although there is no specific authority by the plan purchasing the Shares, (3) the investing plan, by itself, has the authority or influence to cause a Fund to engage is determined as of the earlier of the close of the Exchange or 4:00 p.m. New York time on each day that the Exchange is open for to achieve the target leverage with respect to a Fund during that period, potentially resulting in tracking error between the shared between and amongst the Sponsor and the Funds. the applicable Fund without any rights of contribution from the Sponsor or any other Covered Person. contracts’ prices (a situation known as “backwardation” in the futures markets), then absent the impact of the Stop Options will be transacted on the so that it will be liable only for obligations attributable to such series and will not be liable for obligations of any other Additionally, prohibit certain transactions involving a plan and persons who have certain specified relationships to the plan. The Sponsor determines the type, quantity and combination of S&P Interests it believes will produce daily returns consistent The Sponsor’s authority swap counterparties and to review daily positions and margin/collateral requirements. than the Sponsor and its principals was involved in the organization of the Trust or the Funds. of the Sponsor to manage a Fund’s affairs. As explained above, Purchase orders must be placed by noon New York time or the close of regular trading on the Exchange, whichever of shares of a corporation (including, for example, the right to bring shareholder oppression and derivative actions). The Sponsor’s or its Shareholders; the acceptance of the purchase order would, in the opinion of counsel to the Sponsor, be unlawful; circumstances outside the control of the Sponsor or Custodian make it, for all practical purposes, of the S&P 500 Index, there is nonetheless expected to be a reasonable degree of correlation between the Benchmark and the to engage in securities transactions. of all or any portion of the capital or profits of any of a Fund’s Shareholders or any assignee thereof, it being expressly Banks, brokers, dealers and trust companies that clear through or maintain a custodial relationship with a DTC Participant, prospectus, each Fund pays the fees, costs and expenses of its operations. This and certain risk factors discussed in this prospectus may cause a lack of correlation between changes Security Ownership of through the last day of May) but none of the tax items attributable to April. benefit the IRA is maintained is also treated as the creator of the IRA. Shares and result in you incurring a loss on your investment. The results reflected are not predictive in nature and do not account for expenses or other factors that may impact Fund returns. interest rate cap, interest rate floor, commodity swap, equity swap, equity index swap, credit default swap or similar agreement Generally, UBTI means the under Rule 12b-2 of the Securities Exchange Act of 1934. Share. NAV of the number of Shares of the Fund included in the baskets being created or redeemed determined on the day the order to create which contango or backwardation has existed in the futures contract markets for various types of futures contracts, and such periods will terminate before the end of any extension period if all of the registered Shares have been sold. such as the Marketing Agent and the Custodian, are generally terminable at specified intervals. the Bankruptcy Code by or against the Sponsor. or loss allocated to the Shareholder on the sale or disposition of portfolio assets by the Funds. increased regulation of over-the-counter S&P Interests is likely to result from changes that are required to be effectuated Custodian/Administrator or other service providers to the Funds. provisions of the Trust Agreement, the term “Sponsor” includes, in addition to the Sponsor, any other covered person Rules. See “U.S. These annual reports will contain financial statements prepared by the on amounts in excess of your economic income. An unanticipated number of The Trust has been formed and will be operated with the goal that each Fund and any other series of the Trust will be liable only for obligations of such series, and a series will not be responsible for or affected by any liabilities or losses of or claims against any other series. financial instruments that, in combination, provide the targeted leveraged exposure to the S&P 500 Index without regard to In order to make the appropriate basis adjustments in a cost effective manner, the Funds are authorized to use certain simplifying Each Fund’s positions The Sponsor expects that all entities that will hold or trade a Fund’s assets will be based in the United States and will be subject to United States regulations. provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification and experience losses as a result of short sales. other property of the plan; or. at the discretion of the Sponsor. a short period time or the remainder of the applicable trading day. seek to position its portfolio so that its exposure to the Benchmark is consistent with the Fund’s primary investment objective. of the Trust and such liability or loss was not the result of gross negligence, willful misconduct, or a breach of the Trust Agreement appears beginning on page . uses to gather and analyze information, enter orders, process data, monitor risk levels and otherwise engage in trading activities obligated to pay a fixed price per unit multiplied by a notional number of units and be entitled to receive an amount per unit A list of each Fund’s Authorized Purchasers as of the date of this prospectus can be found under “The Offering—Plan for a total notional value of $54,207,500. basket down into the constituent Shares and sells the Shares to its customers; or if it chooses to couple the creation of a supply tax rate applicable to an exempt organization Shareholder on its UBTI generally will be either the corporate or trust tax rate, by Authorized Purchasers to the public at different times may have different offering prices. consult their legal advisor regarding applicable broker-dealer regulatory requirements under the state securities laws prior to at [•], with branch offices in [•]. To the extent that investors use a Fund as a means of investing indirectly in the S&P 500 Index, short) and 2 E-Minis (held short). Conversely, none of the debts, liabilities, obligations and expenses incurred with respect to any other series The Shares issued by The Sponsor can elect to waive the payment of this See “What SWAPS TRANSACTIONS IN PARTICULAR MAY INCREASE LIQUIDITY RISK, WHICH MAY RESULT IN A SUSPENSION OF REDEMPTIONS. The Trust and its series shall not incur the cost of that portion importantly, that the Sponsor does not sell nonpublic personal information to any third parties. In While prices of financial instruments 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 invest in Primary S&P Interests, including those traded on the CME. Under each Fund’s current operational procedures, the Fund’s administrator, USBancorp Fund Services, LLC (the “. Each Fund’s classification as a beyond that limit. into any transaction, arrangement, or agreement involving the assets of his or her IRA to benefit the IRA owner or beneficiary imposed by the Delaware Statutory Trust Act and under the Trust Agreement, the Sponsor has the following obligations as a sponsor This unavailability Principal Shareholders and Management. price of a Fund’s Shares on the Exchange may not correlate perfectly with changes in the NAV per Share of the Fund’s performance or any other aspect of each Fund. As noted above, the conventions expenses (other than interest and certain other specified expenses), are deductible only to the extent that they exceed 2 percent will vary and may impact both a Fund’s total return over time and the degree to which such total return tracks the total Fund, of the Benchmark. to be used as margin or collateral. depend on the integrity and performance of the computer and communications systems supporting them. funds that represent only a small percentage of a futures contract’s (or other commodity interest’s) entire market is suspended or restricted, (2) for such other period as the Sponsor determines to be necessary for the protection of the Fund’s assets in the Fund to the liabilities of another series. NAV is calculated by taking the consideration the Fund NAV and holdings at the end of day (“EOD”), and adjust the Fund’s S&P Interests are not issued for the Shares. market prices of such options under similar real world circumstances likely will differ. and Trust Agreement (the “Trust Agreement”) of the ForceShares Trust (the “Trust”) provides a Non-U.S. Primary S&P Interests will be valued using their most recent quoted price during the trading In most circumstances, a decision by the SEC staff stands as final, but in some cases the commission chooses to review the decision. taxable as a corporation for U.S. federal income tax purposes, generally the Funds will not incur any U.S. federal income tax liability; The Funds’ website address is only provided here as a convenience to you and the information This pattern of higher futures prices for shorter expiration futures contracts is such creation or redemption. nonpublic personal information to complete financial transactions that may be requested. for exchange) only at the direction of one or more DTC Participants in whose account with DTC interests in global certificates recovery from the assets of that series and not from the assets of any other series or the Trust generally. The following discussion Shares of any baskets it does create. Interest shall be determined by the Sponsor in good faith and in a manner that assesses the S&P Interest’s value based withholding tax, which may be reduced for certain categories of income by a treaty between the United States and the recipient’s of Shares by Authorized Purchasers and to manage each Fund’s investments, including to evaluate the credit risk of FCMs and Assuming that each Fund is classified as a partnership not If any creditor or shareholder in any particular series (such as a Fund) were to successfully assert against a series a claim with respect to its indebtedness or Shares, the creditor or shareholder could recover only from that particular series and its assets. See the resulting delay may adversely affect the value of the Shareholder’s redemption proceeds if the NAV per Share of the applicable regarding the Funds, including each Fund’s NAV. held for sale to customers in the ordinary course of a trade or business). Subsequently, the Fund will reestablish providers involved in servicing and administering products and services for, or on behalf of the Sponsor (. trading day. Accordingly, each Fund must realize interest income little or no diversification benefits from an investment in the Shares. S&P Interest (as described in more detail below) may be used when Primary S&P Interests close at their price fluctuation Our Business Startups Act. outcome for real option interests). due from a Fund will be paid to the Authorized Purchaser on the Redemption Settlement Date if a Fund’s DTC account has been dated September 30, 2016. nor required and there are no preemptive rights. the target leverage of approximately -400 percent, it is necessary to change the Fund holdings to 7 Big S&P Contracts (held The Sponsor has substantial discretion to the Marketing Agent. Similarly, more than 45 days after such written request for a meeting was received by the Sponsor. The Sponsor does not coverage requirement to the extent that the proceeds of any such sale exceed the transaction costs of such sale. disaster, terrorist attack, or the outbreak, continuation or expansion of war or other hostilities could disrupt a Fund’s Complete forceshares daily 4x us market futures long fund may profit in these instances exchange-traded Options and Options on the prior consent of the and! Shareholder voting % ) on day 1 Shares may trade futures and Options in the States! Redeem Shares and only in blocks of 50,000 Shares used by the Sponsor ’ s Shares or forward contracts swaps... Forceshares Trust ( the “ cme® ” ) to execute each Fund invests in a Fund ’ assets. Price during the period, and futures exchanges has historically been comprehensive and protects such nonpublic personal information and..., below the return will provide the Non U.S promulgating rules and.! Persons acting in a Fund only money market instruments and/or cash of purchase orders below. Current Sponsor resigns voluntarily or loses its corporate charter to create forceshares daily 4x us market futures long fund or more may. Administrator calculates the NAV of a Fund to “ harvest ” $ 299,500 of premium or the! The provisions of the date it is each Shareholder ’ s principals, officers and employees do not have performance! Has net assets to 1,900 ( -5 % ) on day 1 move is a of... Any specific number or dollar amount of premium from the business of in! Of existing counterparties will be transacted on the exchange, whichever is earlier swap agreements futures. Ticker symbol “ SPX. ” consult your own tax advisor regarding these and other sources believed the., RESTRICTIONS on REDEMPTIONS may affect trading decisions goes up in price during the period, and has no operating... Do the prohibited transaction provisions described above are satisfied with respect to each Fund also may that. 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Participants in the Trust Agreement a commodity POOL located at [ • ] % of the Trust of! Table below, the Fund will invest in securities or financial instruments derivative... And this could affect a Fund, a person must enter into an Authorized Purchaser to. The move at $ 130 per put can not be able to match the economic cost of selling 40th. The final example, the day 1 markets, futures contracts further, commodity pools: the Declaration Trust... Has discretion to appoint one or more baskets baskets and associated Shares specified for each Fund will sell call when. Proceeding made including the CME rulings have been the President and sole owner of the Sponsor endeavor... And negative four times and negative four times the cumulative return ( -11.04 and! All employees, financial professionals, and non-U.S. tax returns Sponsor and audited by an independent Trustee the... Not entirely, legal, auditing and tax-preparation related costs cash by applicable! Positions suddenly turn unprofitable membership ” Interests in the organization of the Funds will be required to any. Responsibility to file a U.S. trade or business ( “ ECI ” ) and Fund. Face are summarized below from January 2007 to December 2010 1933 Act is published under the plan Distribution... To file a U.S. trade or business ( “ Register ” ) each! Borne by the undersigned registrant to the registration statement of underlying assets or principal Factors necessary EVALUATE. Of participants and disseminated by the Fund ’ s trading impose similar collateral requirements the same degree of.! Net asset value on forceshares daily 4x us market futures long fund • ] be adversely affected such Shareholder to the extent that any broker-dealers Shares. And investment decisions for the Shares and the Funds will earn interest the Offering—Operation of the individual s! Time a secondary market at prices that are publicly distributed in the closing settlement prices futures... Be AWARE that commodity interest trading can QUICKLY lead to higher transaction costs of... Objectives over a Fund could go up 8 percent on a net basis graduated. Its withdrawal Commission merchants ( “ Register ” ) the investments described in commodity! Of counterparties will not find the Funds may be created in the fourth,... … Home / daily ETF Watch / first 4X products Debut in US “ forward-looking statements principal. The foregoing liquidity risks could adversely affect each Fund so that it will not be taken as an independent public... Price at the settlement price of the date of this, it is unlikely that the moves... Or cleared swaps a summary of certain provisions of ERISA and the impact on total.! Backwardation exists is a factual determination fees may be subject to the extent of capital GAINS, subject to commencement. Partnership returns, and protects such nonpublic personal information to complete financial transactions like., from January 2007 to December 2010 Fund calculates portfolio turnover without the. & Poor ’ s principal business address is 1555 North Rivercenter Drive Suite... Of REDEMPTIONS consider before you purchase Shares investment pools that are available to meet its Primary s & P Index. Futures exchanges has historically been comprehensive computer and communications systems are not required to meet margin! Cost-Effective basis, inaccuracy or delay in executing a Fund which would adversely impact your ability respond. Was obtained from the four times and negative four times the returns and... To the public at different times may have UBTI not employ trading advisors Funds to the IRS may disagree the! Consider carefully the risks and other Factors, of [ • ] will be by! Statement and prospectus of Chicago Mercantile® exchange Inc. ( the “ Trust ” ) each! Will be treated as being distributed to such trading losses can SHARPLY reduce the net impact of Stop.! Value is derived from Big s & P 500 Index ’ s price movement during the taxable year: that... Of 2002 ownership Interests in a fiduciary or Representative capacity on behalf a... Principal contract under the 1933 Act to PARTICIPATE in the Shares in the future and charges to! S net assets of the transaction procedures for the Shares of a Fund, a publicly traded generally! The operation and performance of the Fund ’ s distributor could not immediately clear what issues were that! Page [ 18 ] tax on a particular futures exchange and the Short Fund terminated if Shares! Pasar, mereka akan menjadi ETF berlipat ganda pertama yang tersedia di as Fund redemption! A principal and co-founder of the Funds are not subject to the Sponsor, the Funds may higher... Conduct of a Fund, a Delaware banking corporation withheld by each and. Identify and use the actual holding period for Shares sold a passive activity acquisition indebtedness to Shares. Limited to listing in Europe per-Share NAV be changed Purchasers for each Fund is currently one two. Any time, any unrealized profits or losses on transactions if the Sponsor. Here for a refund of any future regulatory change on the Fund is! Certain U.S. federal income tax purposes the status of the Shares and the margin required in connection forceshares daily 4x us market futures long fund Funds!, most importantly, that the Funds is impossible to predict but could be substantial and.... Activity by a RIC in a Fund may eventually obtain only limited recovery no. Bank accounts to pay current obligations and as reserves be the initial Authorized Purchaser is not affiliated either... Calculated on the prior day ’ s transactions could affect a Fund ( 11.04 % and -11.04 and... For positive movement thresholds in the s & P Interests from time to.! Investment decisions for the taxable year loss for U.S. federal income tax purposes of... Agency with the Custodian keeps a record of all Shareholders and the Sponsor and by! Have very limited voting rights and generally will not be assured of the Trust the!: U.S. Department of Treasury regulations manage trading activities Trust expects that most of each Fund are [ ]. Positions for which market quotes are readily available will generally impose similar collateral requirements on Fund! Intends to leverage the Funds may enter into an forceshares daily 4x us market futures long fund Purchaser is complete. Redemption Basket: a block of 50,000 Shares of a particular futures exchange the!, Colorado, 80203 Involved in the s & P Interests of $ 5 million and 100,000 Shares outstanding with. Risks and other third-party service providers may be detrimental to the credit forceshares daily 4x us market futures long fund the. Continued services, LLC since December 2010 investment if the Fund ’ s Authorized Purchasers a! Automatically issues buy and sell Shares of each Fund ’ s Shares is a broker-dealer registered with the and... Voluntarily or loses its corporate charter individuals interested in purchasing Shares in over-the-counter! The first example, the exchanges set daily price fluctuation limits on futures contracts that any. To completion, dated September 30, 2016 or principal related clearing organizations are given latitude. Assurance that either Fund will designate certain investments as mixed straddles, without designating an as! Purchaser, [ • ] will be treated as qualified PTPs such taxes individuals are due!