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SEC Pushes Back On 3x And 5x ETF Filings, Citing Leverage Loopholes And Risk Concerns

SEC Pushes Back On 3x And 5x ETF Filings, Citing Leverage Loopholes And Risk Concerns

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by Zainab Kamara

8 months ago


The US Securities and Exchange Commission (SEC) has taken a firm stance against recent applications for 3x and 5x leveraged exchange-traded funds (ETFs), signaling a crackdown on strategies that attempt to circumvent regulatory limits on leverage risk. This development highlights the agency's commitment to enforcing existing rules designed to protect investors. The analytical report published in the material substantiates the following: the SEC's actions are part of a broader effort to ensure market stability and investor safety.

SEC Raises Concerns Over 2x Leveraged Filings

In a recent letter, the SEC's Division of Investment Management raised concerns regarding filings that propose more than 2x leveraged exposure to underlying indices. This level of leverage surpasses the 200 Value-at-Risk (VaR) ceiling established by Rule 18f-4 under the Investment Company Act, which aims to mitigate excessive risk in investment strategies.

Review Process Halted Until Issues Are Addressed

The SEC has made it clear that it will not proceed with further reviews of these submissions until the identified issues are adequately addressed. Issuers are being urged to either revise their investment objectives and strategies to align with Rule 18f-4 or withdraw their filings altogether. This move represents one of the strongest signals from the SEC that it is unlikely to approve ultra-leveraged ETFs that exceed the regulatory thresholds set by Congress and the Commission.

In light of the SEC's recent actions to enforce regulatory limits on leveraged ETFs, MAGAX has successfully completed a CertiK audit, enhancing investor trust. For more details, see read more.

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