SEC Loosens Rules for Crypto-Like Commodity Trust Shares Trading
Published Date: 8/3/2026
Notice
Summary
Cboe BZX Exchange is updating its rules for Commodity-Based Trust Shares to allow up to 15% of holdings to be assets that don’t meet current standards, add a clear definition for digital commodities, and permit actively-managed strategies. This change affects investors and fund managers by giving them more flexibility and could impact how these shares are managed and traded. The SEC approved this update quickly, so it’s set to take effect soon with no direct cost changes announced.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Up to 15% Buffer for Non‑Standard Assets
The Exchange will allow Commodity-Based Trust Shares to hold up to 15% of their net asset value (NAV) in certain assets that do not meet the existing eligibility criteria, while at least 85% of NAV must still meet the rule's allowed-asset requirements. Derivatives included in that 15% are measured by gross notional value. The SEC approved the rule change on an accelerated basis.
Active Management Now Permitted
The Exchange removed the passive-management requirement so Commodity-Based Trust Shares may be actively managed, subject to the rule's other requirements. The change allows issuers to list actively-managed commodity-based trusts under the generic listing standards previously only available to passive products.
New Protections: Firewalls and Trading Halts
For actively-managed Commodity-Based Trust Shares, the Exchange requires procedures to prevent misuse of material non-public portfolio information (firewalls and related controls) and will halt trading if required portfolio information is not disseminated to all market participants at the same time. The rule also defines a Reporting Authority to report portfolio and NAV information.
Formal Definition of Digital Commodity
The rule adds a definition of “digital commodity” as a digital asset whose value is tied to the programmatic operation of a functional crypto system and supply/demand dynamics rather than an expectation of profits from others. That definition limits what digital assets may be included within the new 15% buffer.
Daily Monitoring and Breach Notification Duty
A Commodity-Based Trust's sponsor must monitor compliance with the 85% qualifying-asset threshold daily and promptly notify the Exchange if the Trust breaches that requirement. The rule ties derivative calculations for the 15% limit to gross notional value when determining compliance.
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Key Dates
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