SEC Eyes 3x Leveraged Bitcoin, Ether, Gold ETFs for Wild Rides
Published Date: 8/19/2026
Notice
Summary
The Cboe BZX Exchange wants to start trading new supercharged ETFs that triple the daily moves of gold, silver, Bitcoin, Ether, crude oil, and natural gas. These 3x ETFs, part of the VS Trust, aim to give investors a chance to boost their gains (or losses) fast. If approved, trading could begin soon, shaking up how people invest in these popular commodities and cryptocurrencies.
Analyzed Economic Effects
6 provisions identified: 3 benefits, 2 costs, 1 mixed.
Six New 3x Leveraged Commodity ETFs
The Exchange filed on August 10, 2026 to list six new funds: 3x Gold, 3x Silver, 3x Bitcoin, 3x Ether, 3x Crude Oil, and 3x Natural Gas. Each Fund seeks daily investment results equal to three times (3x) the daily performance of its reference commodity using futures and other eligible instruments.
Broker Suitability and Due Diligence Duties
BZX will inform members that BZX Rule 3.7 and Interpretation and Policy .01 impose suitability and due diligence duties: brokers must reasonably believe a customer has the knowledge, experience, and financial ability to bear the risks of trading these leveraged Shares. The Exchange will provide an Information Circular explaining these obligations before trading commences.
FINRA Margin and Sales-Practice Requirements Apply
The filing notes that FINRA has implemented increased sales-practice and customer margin requirements for inverse and leveraged securities via FINRA Regulatory Notices 09-31, 09-53, and 09-65, and members carrying customer accounts must follow that guidance for these Shares. This affects how broker-dealers handle sales and margin for the leveraged Shares.
Price Transparency and Trading Halt Protections
The NAV per Share will be calculated daily and an intraday indicative value (IIV) will be disseminated every 15 seconds during Regular Trading Hours. The Exchange will halt trading if NAV or required information is not disseminated simultaneously or if trading in underlying instruments ceases, providing transparency and pause protections.
Creation Units: 10,000-Share Redemption Rule
Each Fund will create and redeem Shares only in Creation Units, which are a block of 10,000 Shares (or as otherwise determined by the Sponsor); Shares are not individually redeemable. Authorized participants may create or redeem Creation Units for cash on any Business Day at the Fund's NAV plus or minus transaction fees.
Funds Operate as CFTC-Registered Commodity Pools
The Trust and each Fund will operate as, and be registered as, commodity pools with the Commodity Futures Trading Commission (CFTC); they will not be registered as investment companies under the Investment Company Act. The Sponsor is a registered commodity pool operator (CPO).
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-19260, Rescission of Rule 14a-8's Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4
The SEC wants to stop its federal rule that controls how shareholders can make proposals at company meetings, letting state laws and company rules take over instead. They’re also changing rules so companies can sometimes vote on proposals not in their official materials—but shareholders can opt out if they want. This affects investors and companies, with comments open until November 20, 2026, and could shake up how shareholder voices are heard and counted.
2026-18424, Political Contributions by Certain Investment Advisers
The Securities and Exchange Commission (the "Commission" or the "SEC") is proposing to rescind the political contribution rule under the Investment Advisers Act of 1940 (the "Advisers Act"), which prohibits investment advisers from providing investment advisory services for compensation to a government client for two years after an adviser or any covered associate of the adviser makes a contribution to certain categories of elected officials or candidates, among other prohibitions. In the more than fifteen years since the rule was adopted, implementation challenges associated with the political contribution rule have resulted in a range of significant unintended consequences, including compliance practices among some investment advisers that may have had the effect of restricting all political contributions by the investment advisers and their employees. Market participants also have stated that the political contribution rule is burdensome, complex, and both lacks clarity and creates a de facto strict liability standard. The Commission is of the view that other existing requirements of the Advisers Act and its associated rules, including prohibitions on fraud, fiduciary duty requirements, the compliance rule, and the code of ethics rule (defined below), are likely sufficient to address pay-to-play practices while allowing an adviser the flexibility to implement an approach that is more appropriately tailored to its particular risks, rendering the political contribution rule unnecessary. The Commission also is proposing to amend the rule under the Advisers Act pertaining to books and records consistent with the proposed rescission.
2026-18190, Transfer Agent Rules
The U.S. Securities and Exchange Commission ("SEC" or "Commission") is proposing to adopt new rules, amend existing rules, amend the existing form for registration with the Commission as a transfer agent (Form TA-1) and the existing form for reporting activities of transfer agents (Form TA-2), and rescind an existing rule governing registered transfer agents. The proposals are designed to modernize the rules governing registered transfer agents.
2026-17183, Regulation Crypto Assets
The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."
2026-12163, The Trade-Through Rule and Locked and Crossed Markets Provisions of Regulation NMS
The SEC wants to scrap some old rules that stop stocks from being traded at worse prices and prevent confusing market quotes. This change affects stock traders and exchanges, aiming to simplify trading and possibly speed things up. If you want to share your thoughts, you’ve got until August 17, 2026, so don’t miss out!
2026-10373, Registered Offering Reform
The SEC wants to make it easier and cheaper for more companies to sell their stocks and bonds to the public. They’re opening up special forms and benefits to more businesses, updating rules to be more modern, and cutting red tape by overriding some state rules. If you’re a company planning to raise money, these changes could speed things up and save you money, with feedback due by July 27, 2026.
Previous / Next Documents
Previous: 2026-16853, Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List
The New York Stock Exchange is changing its price rules starting August 11, 2026. They’re tweaking the share amount needed to get free late D Orders at the market close and cleaning up some wording. This affects traders using these order types and could save or cost them money depending on their order size.
Next: 2026-16855, Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Equity 4, Rule 3100 Regarding Trading Halts
Nasdaq PHLX is updating its trading halt rules to fix and align the language with recent changes already in use. This update affects traders and market participants by making the rules clearer and more consistent, with no new fees or delays. The changes take effect right away, keeping the market smooth and fair.