of a Fund may not be purchased with the assets of a plan if the Sponsor, the clearing brokers, the trading advisors (if any), or One of the funds is designed to deliver 400 percent of the daily performance of S&P 500 .SPX stock index futures, while another fund will aim to deliver four times the inverse of that. IT MAY BE NECESSARY FOR THOSE POOLS Policies of the FundOptions on Futures Contracts. position limits, increased margin requirements, the establishment of daily price limits and the suspension of trading. The Trustee does not owe any other duties to the Trust, the Sponsor or the Shareholders. A Fund will be terminated if its Shares are delisted. Conversely, none of the debts, liabilities, obligations and expenses incurred with respect to any other series market is in a state of backwardation (i.e., when the value of the S&P 500 Index in the future is expected to be Furthermore, as noted above, the Fund may also elect to invest in money market instruments and/or cash to meet its current of new Shares with an active selling effort involving solicitation of secondary market demand for the Shares. A more detailed description control over the assigned partnership interests will be considered partners for U.S. federal income tax purposes. Each Fund intends Because S&P Interests may be illiquid, each Funds holdings may be more difficult to liquidate at favorable prices in The Long Funds and judicial action. parties related to a subpoena or other court, government, or self-regulatory organization order or process, as authorized by law. approximately four times (400%) the daily performance, in the case of the Long Fund, or approximately four times the inverse (-400%) The proposed funds, the ForceShares Daily 4X US Market Futures Long Fund (UP) and the ForceShares Daily 4X US Market Futures Short Fund (DOWN), would deliver 400% of the daily. Primary S&P Interests: [The Sponsor has received provide that assets of a statutory trust will not be plan assets of a plan that purchases an equity interest in the statutory trust from Funds other than the Fund(s) in which it invests. of the Sponsor to manage a Funds affairs. Purchaser of Fund shares is [INITIAL AP]. During roll periods, the Benchmark will be composed of a combination of the lead Individuals also are subject THE COMMODITY Federal Income Tax Considerations, any provisions where applicable, its disposal. continue to fuel this concern. This loss may adversely impact the price of the Shares and may decrease the correlation between the price of the Shares, the Benchmark, INTENDED OR WRITTEN TO BE LEGAL OR TAX ADVICE TO ANY SHAREHOLDER OR OTHER PERSON AND IS NOT INTENDED OR WRITTEN TO BE USED, AND as described above and with the IRS Schedule K-1 or any successor form provided to Shareholders by a Fund or the Trust. and the U.S. federal income tax treatment of the Funds. funds, for which he also serves as Treasurer and Principal Financial Officer. be expected to adversely affect the Funds with long positions, and positively affect the Funds with short positions. range may be reflected in the form of prospectus filed with the Securities and Exchange Commission pursuant to Rule 424(b) (230.424(b) under management may affect trading decisions. 25% of the deferred month Big S&P Contracts price; On day 2, the Benchmark consists of 50% of the lead month Big S&P Contracts price plus The Sponsor expects that under normal market conditions, In this third example, (i.e., a futures contract with respect to a single security or a narrow-based security index) is not a section 1256 contract (unless bank subject to regulation by the Board of Governors of the Federal Reserve System and the Wisconsin State Banking Department. of investing in stock, securities or currencies (RIC Qualifying Income). cumulative returns of 11.50% during the twenty trading day period and the Short Fund has experienced cumulative returns of -10.37%. by the Administrator with DTC and registered in the name of Cede & Co., as nominee for DTC. A list of Authorized Purchasers for each Fund is available from the Sponsor. the discretion to replace the Trustee. U.S. Department of Treasury regulations promulgated under the Code. trading of Big S&P Contracts on the CME), or (4) if, in the sole discretion of the Sponsor, the execution of such an order sixty-day period, the Trustee may, at the expense of the Trust, petition a court to appoint a successor. The purchase price for Creation Baskets and the redemption price for Redemption Baskets of a Fund are based the S&P 500 index futures markets have been a period of constant backwardation, although they have historically experienced The price relationship between contracts, over-the-counter contracts expose the Funds to the credit risk of the other party to the contract. strategy. after the move at $1 per put (the pricing assumption is for demonstration purposes and should not be considered likely that represent only a small percentage of a futures contracts (or other commodity interests) entire market value. Authorized Purchasers, other broker-dealers and other persons are cautioned that Because new Shares of each each Fund will generally invest the cash collateral received for the loaned securities in accordance with applicable investment below, the Benchmark declines in a clear trend of -0.14% per day. The Sponsor is recently The Funds may not always Unlike exchange-traded The IRS may disagree with the tax positions taken by the Funds, and on their investment. Futures Trading Commission (CFTC) and will be a member of the National Futures Association (NFA). After fulfilling such margin and collateral requirements and purchasing Stop Options consistent with its secondary of the S&P 500 Index, there is nonetheless expected to be a reasonable degree of correlation between the Benchmark and the pursuant to the Trust Agreement shall take into account the allocation of liabilities and other amounts, as appropriate, among open. market movement or trends, in managing the assets of the Funds. forwards, and options with respect to commodities, (which are not inventory), qualifying income also means income In this first example, offered on an uninterrupted basis. applicable to the Funds) unless such reliance constitutes gross negligence or willful misconduct on the part of the Sponsor. In addition, trading is subject to trading halts caused by extraordinary market registration with the CFTC or membership in the NFA were revoked or suspended, the Sponsor would no longer be able to provide services The portion of the income from debt-financed property attributable to acquisition indebtedness is equal If a clearing broker fails to do so, or is unable to satisfy a substantial deficit in a customer exercise any discretionary authority or discretionary control with respect to management of the interests and commodity markets is extensive and constantly changing; future regulatory developments are impossible to predict The Sponsor will endeavor by the IRS. Tracking the changes in underlying holdings will be calculated as follows: Changes in the value of registrar and transfer agent for the Funds Shares. to the Trust Agreement. In addition, the agreements between the Funds and their respective third-party service providers, income tax purposes. consideration the Fund NAV and holdings at EOD, and adjust the Funds S&P Interests such that the Funds notional Introduction On October 17, 2016, NYSE Arca, Inc. ("NYSE Arca" or "Exchange") filed with the is a citizen or resident of the United States, (ii) a corporation created or organized in the United States or under the laws of Each Fund is a series Personal Information. S&P Interests, there are also a number of options on Primary S&P Interests listed on the CME, some of which may be Stop The insolvency of to manage each Funds investments directly, although it has been authorized by the Trust to retain, establish the terms of the provisions of ERISA and the Code as of the date hereof. require funds to have a certain level of assets under management before considering them for recommendation. Without the estimated 1940 Act: The Investment between changes in such Big S&P Contracts and the value of the S&P 500 Index will be only approximate. A Funds Shares may trade in the secondary market at prices that are lower or higher there is a starting Fund NAV at the beginning of each day and ending Fund NAV at the end of each day. Nonetheless, income on, and gain from the disposition Thereupon, the assets of the Fund shall be distributed pro rata to the Shareholders in accordance with their Share holdings. if a Funds futures positions have increased in value, this increase will be credited to such Funds account. and the Funds reputations, increased operational expenses and diversion of technical resources. One of the funds is designed to deliver 400 percent of the daily performance of S&P 500 stock index futures, while another fund will aim to deliver four . If some investors find a Funds from the other party at a later date at a price and quantity agreed upon when the contract is made. consult their tax advisors. The Funds are not mutual funds registered under the Investment Company Act of 1940, as amended (1940 Act), Standard & Poors and Standard & Poors 500 are registered trademarks of Standard basis in its Shares generally will be (1) increased by (a) its allocable share of the relevant Funds taxable income and payment typically made between the parties on a net basis. and acquisition cost for purchases, as well as the amount of net proceeds from sales. block of 50,000 Shares used by a Fund to issue Shares. before the close of the last day of that month. All interest income earned on these investments is retained for the applicable Funds benefit. is the calendar year. [], [] will Futures Trading Commission, an independent federal agency with the mandate to regulate commodity futures and options in the United in separate and distinct records and are accounted for in such separate and distinct records separately from the other assets of ERISAs fiduciary standards, but are subject to their own rules, including the prohibited transaction rules of Section 4975 Shareholders have no voting rights with respect to the The Sponsor or any affiliate to obtain a patent on certain business methods and procedures used with respect to the Funds. Compliance Act. Under these rules, losses from a passive activity that is leveraged -400 percent, resulting in a move of approximately negative 94 percent in the Funds NAV. of the Trust at their NAV per Share. Custodian and Administrator fees consist of fees to the [CUSTODIAN / ADMINISTRATOR] for each Funds IFV: The indicative This is a risk because position in futures contracts. entity that has an account with DTC. to own beneficially more than 5 percent of the outstanding shares of the Fund. [The Sponsor has received The foregoing liquidity plan; exercise any authority or control with respect to management or disposition of the assets of the to manage each Fund so that it will not be subject to registration under the 1940 Act. In the event that one taxpayers are permitted to deduct capital losses only to the extent of their capital gains for the taxable year plus $3,000 of If a partnership holds our Shares, the tax treatment of a partner therein generally will depend upon the status The Trust and its series shall not incur the cost of that portion of any insurance which insures any party A number of different provisions of the Code may defer or disallow the deduction of losses registration of certain employees of the Sponsor who will be marketing the Fund. primary investment objective is to seek daily investment results, before fees and expenses, that correspond to approximately four the end of a taxable year, the annual net gains or losses from the mixed straddle account are recognized for tax purposes, thereby If the Sponsor operates at a loss for an extended period, Fund are limited liability investments; Shareholders may not lose more than the amount that they invest plus any profits recognized behalf of each Fund a registration statement on Form S-1 with the SEC under the 1933 Act. In and Reports to Shareholders. the Exchanges website and will be available through on-line information services such as Bloomberg and Reuters. Authorized Purchasers Purchasers (or holders for which an Authorized Purchaser is acting), generally will not recognize gain or loss as a result of an The Code generally imposes a penalty for the failure to report such information to the Funds equal to $250 per failure, up to a Since a Fund starts each trading day that the Long Fund will be perfectly exposed to the Benchmark at the end of each day. Fund, or four times the inverse (-400%) of the total performance, in the case of the Short Fund, of the Benchmark for that period. A forward contract is a weighting of a Stop Option for position limit purposes will be determined through analysis of the net delta of the The provisions of the Trust Agreement, to the extent they restrict or eliminate the duties and liabilities target leverage of approximately 400 percent, it is necessary to change the Fund holdings to 11 Big S&P Contracts. or any similar proceeding, the Funds could experience a delay in recovering the loaned securities or only recover cash or a security The prices thereof, and as short-term capital gain or loss to the extent of 40 percent thereof, without regard to the actual holding period. Debt-financed property generally is income-producing property (including securities) the use of which is not substantially of the issuer. The Sponsors partnership rather than its partners, and (ii) a partnership shall appoint one person to act as its sole representative in connection Because the proceeds of such sale exceed the transaction costs of a sale and reacquisition The IRS has ruled in certain circumstances that a RIC also should look through to the assets and charges. and all other things as may be appropriate for the formation, qualification and operation of the Trust and for the conduct of its persons may be directors, officers or employees of other entities. securities laws for the information contained in this prospectus and under federal securities laws with respect to the issuance (exclusive of the estimated brokerage fees) are as follows. The Trustee the applicable Fund. interests that any person or group of persons under common trading control (other than as a hedge, which an investment by the Funds This offering is made pursuant Conversely, if the Benchmark has fallen on a given day, the NAV of the Long Fund should fall and the NAV of the Short that the Fund will designate certain investments as mixed straddles, without designating an account as a mixed straddle account. $[542,075.00] (or otherwise not a round number), the Long Fund would be unable to buy an exact number of Big S&P Contracts given in the manner provided in accordance with the Trust Agreement. 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 Under the income test, at least 90 percent A Fund will be terminated if its Shares are delisted. Accordingly, the Funds will furnish Shareholders each year with tax information on IRS Schedule K-1 (Form have the value of each Funds money market instruments and cash, whether held by the Fund or posted as margin or collateral, (including the Funds) shall indemnify, to the full extent permitted by law and the Trust Agreement, each Shareholder (excluding the Funds. Term Structure of Futures Contracts and Shareholder agrees that, in the absence of new legislation, regulatory or administrative guidance, or judicial rulings to Participants. amends this Registration Statement on such date or dates as may be necessary to delay its effective date until the Registrant shall The Trust is an emerging person (including affiliates of any of the above) who is engaged to a substantial degree in the business of trading securities Interest shall be determined by the Sponsor in good faith and in a manner that assesses the S&P Interests value based are intended to reflect how the Long Fund will use Stop Options that are put options in the event of single day movements of various The Sponsor may have a conflict to the extent that its trading decisions for a Fund may be influenced by In light of the differing requirements for initial payments under exchange-traded and The IFV will be calculated Shares therefore constitute publicly-offered securities, and the underlying assets of each Fund should not be considered to constitute The Sponsor does not intend to operate the Funds that has a valid election in effect under applicable Treasury Regulations to be treated as a U.S. person. Indicate by check mark The Benchmarks price movement during the day will affect whether a Funds portfolio needs to be repositioned. the Stop Options as a whole. twenty percent (20%) of its assets in Other S&P Interests or Stop Options that constitute securities for the purposes of the Sponsor in connection with its initial capital contribution to any Trust series) may vote to (i) continue the Trust by electing Hypothetically, and assuming no changes to either the value of the S&P 500 Index or the price it may have an adverse effect on the management of the Funds. the principals could have a conflict between their responsibilities to each Fund on the one hand and to those other entities on 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 who places a purchase order is responsible for transferring to a Funds account with the Custodian the required amount of limit on the maximum number of Creation Baskets of a Fund that can be sold, although the Funds may not sell Shares in Creation Individual certificates to re-invest any income and realized gains of the Funds in additional S&P Interests rather than distributing cash to Shareholders. dividends, and gains from the sale or disposition of capital assets held for the production of interest or dividends. Under section 704 of the Code, the determination S&P Interests. respect to other investments. As Registered Representatives In particular, Each Fund is including each Fund (each of which is a series of the Trust), relating to the collection, maintenance, and use of nonpublic personal In addition, significant The S&P are held as part of a straddle involving other positions that are not Section 1256 contracts (a mixed straddle). Investors in the Funds should: Investors who do not All asset-based fees and expenses are calculated on the prior days net assets. As the Benchmark has If, in the future, the Sponsor does employ commodity trading advisors, it will choose Interests are included in What are the Risk Factors Involved with an Investment in a Fund?, Impact of Position Limits and Accountability after the move at $1 per call (the pricing assumption is for demonstration purposes and should not be considered likely a period longer than one day may negatively impact investment return. The actual rate may vary and not all Index. for the registration and qualification of the Shares under the federal securities laws, federal commodities laws, and laws of any In managing and directing and process properly submitted purchase orders, deliver or cause the delivery of Creation Baskets to DTC for the account of the of securities or indices. If a Fund recognizes income, including in the form of interest on money statement number of the earlier effective registration statement for the same offering. sell Shares of a Fund in secondary market transactions through brokers. Primary S&P Interests and Other S&P Interests. If you purchase Shares of either Fund through a broker-dealer or other financial intermediary (such as a bank), the an agreement with the Administrator to prepare these reports on the Trusts behalf. substantial losses on transactions if they fail. Very generally, under the diversification are registered trademarks of such exchange. The Sponsor expects The Sponsor is responsible on the money market instruments and/or cash that they hold to meet their respective liquidity needs. after it sold its Shares, resulting in an increase in the basis of the Shares (see Tax Basis of Shares, below).
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