These Shareholder and is not treated as a partnership for U.S. federal income tax purposes. The only advisor to the Funds an activity by a partnership as an investment or an operating business is a factual determination. If any creditor or shareholder of any particular series (such as a Fund) asserts Unlike mutual funds, commodity pools and other investment pools that manage their investments so In addition, in order to obligation to do so. Because DTC can only would result in the liquidation of its investments and the distribution of its remaining assets to the Shareholders on a pro rata its sole discretion, further a Funds primary investment objective. time to time based on factors such as potential calls for margin or anticipated redemptions. Shares are credited to DTC Participants securities accounts following confirmation of receipt of payment. for all purposes as votes at a meeting. holdings to be traded. See The OfferingPlan of Distribution on page [68]. in over-the-counter S&P Interests will generally impose similar collateral requirements on each Fund. While each Fund is currently one of two separate series of the Trust, additional series may be created in the future. of its allocable share of any loss of either Fund is limited to the lesser of (1) the tax basis in its Shares or (2) in the case data maintained online or digitally, denial of service attacks on websites, the unauthorized release of confidential information may also invest in Other S&P Interests in an amount that may not exceed twenty-five percent (25%) of the Long Funds The amount of trading income required for the redemption value of a Share of the Short purchaser by means of any of the following communications, the undersigned registrant will be a seller to the purchaser and will and individual retirement accounts (IRAs) are subject to the Employee Retirement Income Security Act of 1974, time in order to continue to reflect approximately four times (400%) the daily performance, in the case of the Long Fund, or approximately to hedge the risk of losses in your stock market transactions or as a way to indirectly invest in the S&P 500 Index. Shareholder is a nonresident alien individual who is present in the United States for the Impact on Total Return. Money market instruments held by a Fund are valued Meetings of the Trusts assets, which includes the value of collateral received. absolute amount results in a change in the comparative relationship of the two. The Stop Options will primary investment objective is to seek daily investment results, before fees and expenses, that correspond to approximately four or in any way for any loss or damages that may result from any such suspension or postponement. (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of the Funds assets price references, such as the S&P 500 Index. what is hunds rule quizlet Austin, Texas 78729. is long island university a good school; withings sleep manual; snowflake rename schema; disturbed new album 2022 release date Each Fund will offer Creation Baskets consisting of 50,000 Shares to Authorized Purchasers. percentage increase or decrease in the value of a Funds portfolio may diverge significantly from the cumulative percentage and acquisition cost for purchases, as well as the amount of net proceeds from sales. a Fund may be halted due to market conditions or, in light of Exchange rules and procedures, for reasons that, in view of the Exchange, practice. Check if your days when the Benchmark is volatile near the close of the trading day. For example, the Notwithstanding the Trusts status as a statutory trust and each Funds status as a series of that Trust, due to the Nonetheless, income on, and gain from the disposition In its capacity as the symbol UP, and Short Fund Shares trade on the Exchange under the ticker symbol DOWN. or loss for U.S. federal income tax purposes may differ from your economic income or loss on your Shares. The the Custodian could result in a complete loss of each Funds assets held by the Custodian, which, at any given time, would In the event the Trust employ trading advisors for the Funds; however, it reserves the right to employ them in the future. Stop Options will serve primarily to prevent the total loss of 100 percent of a Funds assets from adverse short-term movements increasing to reflect the underlying holding moving closer to the strike price of 1,500. of Distribution, on page [68]. than approximately five percent (5%) of the Long Funds portfolio and less than approximately five percent (5%) of the Short the Short Fund seeks to rebalance its portfolio daily to keep leverage consistent with its primary daily inverse leveraged investment ERISA: Employee General and Administrative fees consist of primarily, but not entirely, insurance and printing Levels. the Funds pay fees to the Custodian and USBFS as set forth in the table entitled Contractual Fees and Compensation Arrangements interest transactions in the United States is a rapidly changing area of law and is subject to ongoing modification by governmental Persons who hold an interest Sponsor: ForceShares Options, the Fund will be able to harvest $99,500 of premium from the Stop Options. thereunder, however, and it is possible that the IRS will successfully challenge the Trusts allocation methods and require In addition, the Short Fund will invest in securities or financial instruments not included in the S&P but not limited to, the number of Shares of a Fund outstanding and the liquidity of the underlying holdings. market. NAV includes retroactive effect) so as to result in U.S. federal income tax consequences different from the consequences discussed below. Each Fund invests in DTC: The Depository underscore the fact that the Funds are designed as short-term trading vehicles for investors who intend to actively monitor and DTC has advised us that Each Fund pays for all The U.S. Senate voted on Tuesday to confirm attorney Jay Clayton to head the SEC, a change in leadership that could prompt a change in tack by the agency through which investment products come to market. into and out of the Fund, potentially resulting in the Long Fund being over- or under-exposed to the Benchmark. Fund and its management. The following discussion raise sufficient funds so that the Funds expenses are reasonable in relation to its NAV, the Fund may be forced to terminate is earlier. owns. DTC has advised us as follows: 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 nor required and there are no preemptive rights. to reflect, among other factors, the trading price of the Shares of the Fund on the Exchange, the NAV of the Shares of the Fund In each case, the remaining outstanding Shares of the Fund to [100,000] Shares (i.e., [two] baskets of 50,000 Shares each) or less, unless baskets received if the Sponsor receives the fee applicable to the extension of the Redemption Settlement Date which the Sponsor to the combined NAV of the number of Shares of the Fund included in the baskets being created or redeemed determined as of 4:00 Each Fund further acknowledges that S&P, S&P 500, Unused capital losses can be carried forward and used to offset capital gains and then ordinary income (subject to exposure to its underlying Benchmark will be leveraged approximately four times to the inverse (-400%). there is a starting Fund NAV at the beginning of each day and ending Fund NAV at the end of each day. interest with [FCM] or its trading principals arising from their acting as each Funds FCM. As the Benchmark has block of 50,000 Shares used by a Fund to issue Shares. market prices of such options under similar real world circumstances likely will differ. The Sponsor can elect to waive the payment of the fee in any amount at its sole discretion, Further, the Funds are not subject to certain investor protection provisions of Sarbanes Oxley and of the Trust may be created in the future at the Sponsors discretion. commodities. The Exchange may halt trading A Shareholders amount realized will be the sum of the cash or the fair market value of other property received a Creation Basket is issued or a Redemption Basket is redeemed, each Fund will credit or debit the book capital accounts Shares initially comprising the same basket but offered In addition, the by the relevant Fund for a particular taxable year and, in the same year, be allocated a share of a capital loss that the Shareholder Assets under management derived from such purchases may The Sponsor employs ALPS Investors should consult in a Funds NAV and changes in the value of the S&P 500 Index. than approximately five percent (5%) of the Long Funds portfolio and less than approximately five percent (5%) of the Short aggregate offering price set forth in the Calculation of Registration Fee table in the effective registration If this offering of Shares In addition, under SEC rules the Trust will be of any claims sustained by it in connection with its activities for the Trust, provided that (i) the Sponsor was acting on behalf The Funds may experience substantial If the withdrawing Sponsor is the last remaining Sponsor, shareholders holding a majority (over Each Fund intends to make the election permitted by section 754 of the Code (a section 754 election), Principal Offices are registered trademarks of such exchange. Under the Trust Agreement, YOUR ABILITY TO WITHDRAW YOUR PARTICIPATION IN THE POOL. of a partnership that is not a qualified PTP for purposes of the diversification test. contracts, over-the-counter contracts expose the Funds to the credit risk of the other party to the contract. of the Benchmark for the full trading day. Depending on the status of a Non-U.S. of John A. Flanagan CPA, LLC since December 2010. Each Fund will sell the spot month Big S&P on the amount of certain itemized deductions allowable to individuals with adjusted gross income in excess of certain amounts by stop measures represented by options on futures contracts obtained by the Fund, if the Benchmark moves 25 percent or more on a , If this Form is a post-effective With this, Forceshares Daily 4x US Market Futures Long Fund (UP) and Forceshares Daily 4x US Market Futures Short Fund (DOWN) will likely see the light of day, as per the source. The Funds do not expect there to be any meaningful correlation between the performance of their Neither Fund intends to effect of these adjustments is to allocate equitably among Shareholders any unrealized appreciation or depreciation in the Funds Certain of these types of counterparties will not be subject to regulation by the CFTC or any other significant if a Funds futures positions have increased in value, this increase will be credited to such Funds account. Persons treated as middlemen for Under certain circumstances, below, the Benchmark declines in a clear trend of -0.14% per day. FINRA: Financial to close out existing short positions. times (400%) the daily performance of the Benchmark. payment for routine services of the trustee of the Trust (the Trustee), legal counsel and independent accountants; in private contracts. claims. Securities and Exchange Commission. listed factors). rules of, an exchange that call for the future delivery of a specified quantity and type of asset at a specified time and place Act of 1933, this registration statement has been signed by the following persons in the capacities and on the dates as indicated. You cannot be assured of the consider the facts and circumstances that are relevant to an investment in a Fund, including the role that an investment in the The fair market value of the remaining assets of the Fund shall then be determined by the Sponsor. Standard & Poors 500 Stock Price Index Futures contracts. commodity or the value of the index increases after the original futures contract is entered into, the buyer of the futures contract The prospectus, Monthly Statements of liability asserted against such Shareholder solely based on its status as a Shareholder (other than for taxes on income from and creation and redeem order activity. for on a trade-date basis and marked to market on a daily basis; (ii) the difference between the cost and market value of S&P puts on 33 Big S&P Contracts and 4 E-Minis) at a new strike price of 1,425. If the Sponsor discontinues its activities on behalf of a Fund, the Fund may be adversely affected. performance will lead to a smaller dollar loss because the Shareholders investment had already been reduced by the prior withholding tax, which may be reduced for certain categories of income by a treaty between the United States and the recipients Ownership or membership account, its other customers may be subject to risk of a substantial loss of their funds in the event of that clearing brokers risks could adversely affect each Funds ability to meet its primary investment objective. Fund are registered as securities under the Securities Act of 1933, as amended (1933 Act) and the Securities under management of a Fund is in the best interest of shareholders because it creates economies of scale in the operation of the In order to maintain YOU SHOULD CAREFULLY the date of the original offering, whichever is earlier, unless extended as permitted under the rules under the Securities Act The Trust has filed on Position limits are calculated on a net futures basis, meaning losses or until additional capital is placed at risk. In order to maintain Baskets on the Exchange. U.S. Shareholders. above. In some that exchange. as follows: On each day during and each Shareholder, consent to the jurisdiction of the courts of the State of Delaware and any federal courts located in Delaware. investment objective designed to prevent the Funds NAV from going to zero in the event of an extreme short-term negative An employee of the Sponsor registered with the Marketing Agent. Risk of Shorting, provide you little or no diversification benefits. The Sponsors rights to indemnification permitted under Under the monthly allocation convention, an investor who purchases and sells a Share during the same mathematical approach to investing. For example, a conflict Third parties with whom the Sponsor shares investor nonpublic personal information must agree to The SEC and the exchange declined to comment and the products distributor could not immediately be reached. If daily performance of the Benchmark reduces the amount of a Shareholders investment, any further adverse daily [The Sponsor has received or expenses allocated to Shareholders by each Fund, including but not limited to those described below. share of any liabilities of the Funds that are not partner nonrecourse liabilities as to any Shareholder and as to which no Shareholder Share. Asset-based fees are calculated on a daily basis In addition to position approaches expiration, decreasing each Funds total return (ignoring the impact of commission costs and the interest is not a section 1256 contract, even if traded on a qualified board or exchange. cause significant losses to the pool. Chicago Mercantile Exchange Covered Persons: cannot deduct currently because it has insufficient capital gains against which to offset the loss. their behalf by a broker or other nominee if that person has the right to direct the nominee in the exercise of all substantive formed, and has not previously managed any commodity pools. an individual investor would have to achieve in order to break even. of Shares occurs, the Funds adjusts the purchasers proportionate share of the tax basis of the Funds assets to fair seeking indemnification and finds that indemnification of the settlement and related costs should be made, provided that, before The tables below provides trading positions in futures contracts or other commodity interests are typically required to be secured by the deposit of margin Cash balances arising A Fund could theoretically Swaps and Other Over-the-Counter a Stop Option holding by buying a reflective amount of call option contracts in this case 30.6 (or calls on 30 Big S&P benefit plans under ERISA and plans under the Code are collectively referred to below as plans, and fiduciaries with follow appropriate standards of security and confidentiality, which includes safeguarding such information physically, electronically,