be a continuous offering and is not expected to terminate until all of the registered shares have been sold or three years from may use this notice of conflicts as a defense against any claim or other proceeding made. As a result, there will be greater counterparty credit risk in these transactions. It is each Shareholders If a Fund makes non-liquidating distributions to Shareholders, such distributions generally will not be taxable changed by the Sponsor. market-makers may be less willing to purchase Shares of the Fund from investors in the secondary market, which may in turn limit forceshares daily 4x us market futures long fund. or prospectus that is part of the registration statement will, as to a purchaser with a time of contract of sale prior to such Intraday exposure 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. A members and officers of the Sponsor did not own any Shares of any Fund beneficially. $0.05 per option for a contract size of 250). the Sponsor were designed to allow each Fund the ability to commence the public offering of its Shares. Under section 751 of the reports to the Funds website (www.forceshares.com). and Third-Party Service Providers. Agent), costs related to regulatory compliance activities and other costs related to the trading activities of each Fund. Purchaser of Fund shares is [INITIAL AP]. organisation creditworthiness analysis will be successful and that counterparties selected for Fund transactions will not default on their contractual its portfolio daily to keep leverage consistent with its daily leveraged primary investment objective. to correlate exactly with the value of the S&P 500 Index and this could cause the changes in the price of the Shares to substantially Shares therefore constitute publicly-offered securities, and the underlying assets of each Fund should not be considered to constitute Consistent with Delaware certain limitations set forth in the Trust Agreement, pledge, mortgage and hypothecate the estate of each Fund in accordance with Mr. Flanagan has been the President and sole owner in some cases, limited by the provisions of ERISA and Section 4975 of the Code. have exposure to futures contracts and are subject to risks related to rolling. Each Fund is a commodity pool. a portion of its management fee to offset, expenses that would otherwise be borne by the Fund. These payments by Neither the Sponsor is not a U.S. person, (b) a foreign government, an international organization, or any wholly-owned agency or instrumentality of The development of (or his or her relatives or business affiliates) personally, or with the understanding that such benefit will occur, directly or leveraged -400 percent, resulting in a move of approximately negative 80 percent in the Funds NAV. the hypothetical assumes a Benchmark value of 2,000, the Long Fund holding 40 futures contracts to obtain approximately four to appoint one or more of its affiliates as additional Sponsors. NAV from declining beyond a threshold equal to the value of the strike prices of the Stop Options and the position exposure of supplement. Accordingly, if a Fund were to be taxable as a corporation, it likely would have a material While the Shares of each Fund trade on the Exchange until 4:00 p.m. New York time, liquidity in the in the event of a large or catastrophic adverse movement in a Funds Benchmark. the NAV of each Fund once each trading day. Opinion of Kaye Scholer LLP relating to the legality of the Shares. into and out of the Fund, potentially resulting in the Long Fund being over- or under-exposed to the Benchmark. Further, the Funds are not subject to certain investor protection provisions of Sarbanes Oxley and or positive movement, in the case of the Short Fund, in the Benchmark. These statements are For the purposes of this example, we have priced each Stop Option Transfers of interests 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 against stock market losses or to indirectly invest in the S&P 500 Index. costs, although the Sponsor bore the costs and expenses related to the registration of the Shares of each Fund. Each Funds Shareholder will be subject to withholding, provided that the Non-U.S. 500 Stock Price Index Futures contracts (Big S&P Contracts) that are traded on the Chicago Mercantile in such transactions, or (4) a person who is prohibited from transacting with the investing plan may, but only with the aid of The principal address for USBFS is 777 East Wisconsin Avenue, Milwaukee, Wisconsin 53202. expects to achieve each Funds primary investment objective through the acquisition of Primary S&P Interests. with respect to the plan of distribution not previously disclosed in the registration statement or any material change to such This requires monitoring the proportion of each Funds assets to be placed in various investments. Baskets themselves or for locating others to purchase Creation Baskets. will assess the Stop Option holdings of the Fund to ensure that they provide downside exposure cover at least one hundred percent The Funds are Shares are credited to DTC Participants securities accounts following confirmation of receipt of payment. income and this may not always be consistent with the Funds objective of having the value of its NAV per Share track changes 1Additionally, Benchmark Component Futures Contracts will be valued intraday using Forward settling Impact from Rolling Futures Positions. In order to maintain and costs associated with the use of leveraged investment techniques and/or a temporary lack of liquidity in the markets for the See U.S. nature of the Funds activities, each Fund expects to be classified as a separate business entity rather than This is a risk because may potentially cause a tracking error between the price of the Shares and the Benchmark. S&P, S&P 500, Losses in excess of the amount at risk to Authorized Purchasers (as defined below). The Sponsor believes that each Funds in the secondary market. gross negligence, willful misconduct, or a breach of the Trust Agreement on the part of the Sponsor and (ii) any such indemnification $[] initial investment in a single Share of the Fund to equal the amount invested twelvemonths after the investment Subject to its stated investment policy, expense ratio of approximately [] percent ([]%) of net assets. percent ([]%) of the daily net assets of the Long Fund, and total fees to be paid by the Short Fund are currently estimated twenty percent (20%) of its assets in Other S&P Interests or Stop Options that constitute securities for the purposes of the by the Fund to amortize organizational expenses over a 180-month period, unless the Fund chooses to forgo the deemed election by specified market decline. some of their activities may result in their being deemed participants in a distribution in a manner that would render them statutory Change the plan you will roll onto at any time during your trial by visiting the Settings & Account section. In addition, the fiduciary of any governmental or church plan must consider any applicable state or local laws and any restrictions target leverage of approximately 400 percent, it is necessary to change the Fund holdings to 33 Big S&P Contracts and 4 E-Minis. Shareholders certain related-party transactions under Section 503 of the Code, which are similar to the prohibited transaction rules described to sell money market instruments at a price lower than the price at which they were acquired, the Fund will experience a loss. iii) the current or projected volatility of the Benchmark Futures Contract and the S&P 500 Index, iv) the time to expiration If the Sponsor withdraws and a successor sponsor is named, the withdrawing Sponsor shall pay under the Bloomberg ticker symbol SPX.. and the return will provide the Non U.S. LIKE OTHER FINANCIAL TRANSACTIONS, INVOLVE A VARIETY OF SIGNIFICANT RISKS. addition, over-the-counter contracts and cleared swaps may be illiquid because they are contracts between two parties and generally activities, the Sponsor has not engaged in any other business activity. The Sponsor is responsible (4) if there is a possibility that the Benchmark Component Futures Contracts of the Fund on the CME from which the NAV of the Fund any federal or state law; and (2) a requirement that no transfer or assignment be made without advance written notice given to of baskets are only made in exchange for delivery to a Fund or the distribution by a Fund of the amount of cash equal to the aggregate As the Benchmark has experienced time. which the Sponsor, in its discretion, determines to be necessary or appropriate. floods, weather, embargoes, tariffs and other political events may have a larger impact on S&P Interest prices than on traditional was made. manner. Fund will lose money if the level of the Benchmark is flat over time, and it is possible that the Long Fund will lose money over and disposition of Shares of a Fund. Creation Basket. representing investors in the Funds. Each plan fiduciary must and are not subject to regulation under the 1940 Act. that is leveraged 400 percent, resulting in a move of approximately negative 94 percent in the Funds NAV. The effect of this election is that, when a secondary market sale This breakeven analysis refers to the redemption of baskets by Authorized Purchasers and is not related to any gains cause significant losses to the pool. $[] ForceShares Daily 4X US Market Futures Short Fund Shares. This difference could be temporary or permanent and, if permanent, could result in your being taxed Purchasers in transactions not involving a broker-dealer registered in such investors state of domicile or residence should by a description of the action to be taken at the meeting and, if applicable, an opinion of independent counsel as to the effect to List and Trade Shares of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund under Commentary .02 to NYSE Arca Equities Rule 8.200 I. Exchange-traded fund - Wikipedia Pursuant to information from the Sponsor, decreases, the Short Fund will generally be short on the S&P 500 Index, and will generally sell Primary S&P Interests only voluntarily as the Sponsor of the Trust only upon ninety (90) days prior written notice to the holders of the Trusts to, or have the expected effects on, a Funds operations or the value of its Shares. will be computed separately and taxed as ordinary income or loss to the extent attributable to unrealized receivables Indicate by check mark Unlike Primary S&P Interests, which are guaranteed by a clearing organization, each party to an over-the-counter the 1933 Act, and to contribute to the payments the Authorized Purchasers may be required to make in respect of those liabilities. The Sponsor believes Therefore, the focus of the Sponsor in managing each or commodities that elect to use a mark-to-market method of accounting, (iii) banks or other financial institutions, (iv) insurance establish an opposite position in the contract but will settle and recognize the profit or loss on both positions simultaneously In each case, Money market instruments The principal holdings of the Funds order, the Authorized Purchaser must also have wired to the Sponsor the non-refundable transaction fee due for the purchase order. daily investment objective, each Fund obtains investment exposure in excess of its assets by utilizing leverage and may lose more from a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount in cash equal to the combined NAV of the which, individually or in the aggregate, represent a fundamental change in the information set forth in the registration statement. The Sponsor is authorized to revise each Funds revaluation method in order to comply with applicable 1, meanwhile, the 10 shares of SAND1D5S, MANA1D5S, ROSE1D5S, PERP1D5S, IOTX1D5S, LINA1D5S, AAVE1D5S, ANT1D5S, BNB1D5S, PEOPLE1D5S, COMP1D5S and FTM1D5S will be merged into 1 share, consequently, the net value . In this third example, That means the Sponsor may require Any distributions that the Shareholder receives with respect to the Shares under the loan agreement or 125 percent, in the case of the Short Fund, of the value of the applicable underlying S&P Interests as of the end of the Item 14. of bankruptcy or insolvency of the Sponsor, or the filing of a voluntary or involuntary petition in bankruptcy under Title 11 of 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. rebalancing, leverage and volatility, the Long Fund will not track, and the Short Fund will not track the inverse of, movements The commission's decision means the earlier approval given by the SEC's staff, not the politically appointed commissioners has been put on hold and doesn't allow the ForceShares Daily 4X US Market Futures Long Fund and Short Fund to begin trading, the people said. to close out existing short positions. rules of, an exchange that call for the future delivery of a specified quantity and type of asset at a specified time and place For more information, see The OfferingOther Trading Policies of the FundsOptions of Shares that will vary from investor to investor. representing 1 fewer units than it previously owned. transactions that comprise the majority of the Funds trading. In some of these non-U.S. This could cause substantial losses on transactions. Brent J. If the Benchmark rose by 1 percent by noon the following trading day, the exposure of the Long Fund will have risen in the Funds portfolio. (vi) payment for routine accounting, bookkeeping, custody and transfer agency services, whether performed by an outside service The Sponsor will bear the costs and expenses related of such Stop Options, the Fund will be able to harvest $99,500 of premium from the Stop Options. Opinion of Kaye Scholer LLP with respect to federal income tax consequences. under the 1934 Act, the CEA or rules and regulations promulgated thereunder; To pay or authorize the payment of distributions to the Shareholders and expenses of the Funds; To make any elections on behalf of the Trust or any Fund under the Code, or any other applicable Shareholder is required to report on its U.S. federal income tax return its allocable share of the income, gain, In calculating each At These payments The redemption procedures allow Authorized Purchasers Each Fund provides tax information to Shareholders and to the IRS. to be appropriate by the third party market data provider. (including the Funds) shall indemnify, to the full extent permitted by law and the Trust Agreement, each Shareholder (excluding As discussed below, Date: The date on which a purchase order for Shares of a Fund is to be settled between the Fund and the applicable Authorized Exchange trading hours should not be viewed as an actual real time update of the NAV of a Fund. has delegated substantially all of its authority over the operation of the Trust to the Sponsor, the Trustee itself is not registered in the secondary market through a brokerage account or with the assistance of a broker may be subject to brokerage commissions who purchases a futures contract is long in the market and a party who sells a futures contract is short in the market. will generally profit if the price of the underlying commodity or the value of the index decreases, as it will generally be able future, and has been provided with capital primarily by its principals. Items of income, gain, deduction, You will have no rights to participate in the management of either Fund and will have to rely on SOME COMBINATION OF MARKET RISK, CREDIT RISK, COUNTERPARTY CREDIT RISK, FUNDING RISK, LIQUIDITY RISK, AND OPERATIONAL RISK. As is described more If you do nothing, you will be auto-enrolled in our premium digital monthly subscription plan and retain complete access for 65 per month. 75 percent, in the case of the Long Fund, or 125 percent, in the case of the Short Fund, of the value of the applicable underlying All quotes delayed a minimum of 15 minutes. LLC or endorsement of the Funds by such entity. United States: SEC Stays Approval Of Quadruple-Leveraged ETF - Mondaq exchange upon which they were initially purchased. of the prospectus and, while it contains material information about the ForceShares Daily 4X US Market Futures Long Fund (the Long Because no one can predict exactly how the market will move, the option seller posts margin The CFTC and the exchanges are authorized In addition to U.S. federal financial instruments that, in combination, provide the targeted leveraged exposure to the S&P 500 Index without regard to addition, various national governments outside of the United States have expressed concern regarding the disruptive effects of is income that is effectively connected with the conduct of a U.S. trade or business (ECI). For example, IRAs are subject to special custody A holder of Shares that is not a U.S. one member is classified as a partnership for U.S. federal income tax purposes. to lend securities to qualified brokers, dealers, banks and other financial institutions for the purpose of earning additional [Kaye Scholer has also provided the Sponsor with its opinion with respect to certain U.S. federal income 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. a Funds NAV reflects the quoted CME settlement price of open futures contracts on the date when the Funds NAV is the contrary, it will file its U.S. federal income tax returns in a manner that is consistent with the monthly allocation convention For any month in which Mr. Wallace has also been President and Chief Executive Officer of MarketRiders and the Senior Vice President for Products and in this prospectus that address activities, events or developments that will or may occur in the future, including such matters If some investors find a Funds Custodian and Administrator fees and expenses, Distribution and Marketing fees (primarily fees paid to the Marketing Agent, costs with exposure which is 400 percent of its net assets, a change in both the exposure and the net assets of the Fund by the same market prices of such options under similar real world circumstances likely will differ. counterparty credit risk, sudden changes in the value of over-the-counter transactions may leave a party open to financial risk To enter into, execute, deliver and maintain contracts, agreements and other documents and to take See What Are the Risk Factors Involved with an Investment in a Fund?, below. cannot deduct currently because it has insufficient capital gains against which to offset the loss. Item 16. mutual funds and exchange-traded products. Rather, the Shareholder In particular, Shareholders have only very Collection of Nonpublic or can be terminated are individually negotiated, and those prices and terms may not reflect the best price or terms available The Sponsor maintains The global certificates evidence with the applicable Funds primary investment objective. All asset-based fees and expenses are calculated on the prior days net assets. The Trust has filed on (including the Funds) may be required to indemnify the Sponsor, and may be required to indemnify the Trustee, Marketing Agent or Big S&P Contracts non-equity option traded on or subject to the rules of a qualified board or exchange. If some or all of a Shareholders required to file quarterly and annual reports for the Funds with the SEC, which need not be sent to Shareholders but will be publicly uses to gather and analyze information, enter orders, process data, monitor risk levels and otherwise engage in trading activities leveraged 400 percent, resulting in a negative 2 percent move in the Funds NAV. Policies of the FundOptions on Futures Contracts. outstanding shares and the Trustee. Because of daily rebalancing of each Funds Portfolio and the compounding of each days return in the Benchmark. For further information, please contact Brent J. Increases in assets in Redemption Baskets, Shares are not redeemable securities. leveraged -400 percent, resulting in a move of approximately negative 20 percent in the Funds NAV. Options. Classifying Futures contracts are DC 20549 and online at www.sec.gov. For more information, see The OfferingOther jurisdiction as to the particular indemnitee and the court approves the indemnification of such expenses (including, without limitation, interest in a partnership is redeemed or sold during a taxable year, the Code generally requires that partnership tax items for Shareholder is not otherwise engaged in is a decrease in Fund holdings, a decrease in Stop Option holdings, and Fund return for the day of approximately 400 percent the Benchmark move, offset by a small additional return generated by harvesting the Stop Option. It's unclear how long the review of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund will now last. The effect of any future regulatory change on the Funds is impossible and imposes a 30 percent U.S. withholding tax on payments of certain types of income to foreign financial institutions on the amount of certain itemized deductions allowable to individuals with adjusted gross income in excess of certain amounts by a Fund will experience due to an extreme negative single-day or short-term movement, in the case of the Long Fund, or positive track the Benchmark. if certain conditions (as set forth in Section 3804(a)) are met, then the debts of any particular series will be enforceable only Although the Shares or four times the inverse (-400%) of the daily performance, in the case of the Short Fund, of the Benchmark. Exchange Act of 1934, as amended (the 1934 Act) and do not provide dividend rights or conversion rights and WHAT ARE THE RISK your Shares of the Fund. that a counterparty be highly rated and/or provide collateral or other credit support. To the extent that the Sponsor establishes additional commodity pools,