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SEC Questions Compliance of 3x–5x Leveraged ETF Filings as Shutdown Slows Review

Officials question whether the proposals comply with Rule 18f-4’s leverage limits.

Overview

  • Brian Daly, who leads the SEC’s investment management division, said it is uncertain the new leveraged ETF proposals meet Rule 18f-4, which is widely understood to cap leverage near 2x.
  • Asset managers rushed in a wave of 3x and 5x filings during the government shutdown, with the agency operating with reduced staffing and limited capacity to review submissions.
  • Volatility Shares filed 27 registrations, including the first proposed 5x single-stock ETF in the U.S. and products tied to bitcoin, Tesla and Strategy Inc (MSTR).
  • The registrations carry a 75-day effectiveness clock that could allow launches in late December if the SEC does not intervene, though substantive review is likely delayed.
  • Analysts warn the products carry elevated risks, noting many leveraged ETFs have closed and that 17% of those older than three years have lost more than 98% of their value.