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Crypto ETF Companies Face Setback as SEC Tightens Leverage Rules

Key Takeaways

  • ​The SEC warned exchange-traded fund (ETF) companies to halt plans for products exceeding 200% leverage on underlying assets;
  • Direxion, ProShares, and Tidal were told their proposed funds must follow limits in the 1940 Investment Company Act;
  • The decision slows approval of crypto ETFs seeking 3 to 5 times exposure, which reinforces strict leverage rules in US markets.

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Crypto ETF Companies Face Setback as SEC Tightens Leverage Rules

The US Securities and Exchange Commission (SEC) has sent warning letters to several exchange-traded fund (ETF) companies.

These letters tell the companies to stop plans for products that would give investors more than double exposure to their underlying assets.

Direxion, ProShares, and Tidal were among the firms that received the letters. The SEC cited the Investment Company Act of 1940, which limits the leverage a fund can take on.

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Under this law, an investment fund cannot exceed 200% of its value-at-risk compared to its base holdings.

This limit is measured using what the SEC calls a "reference portfolio". The portfolio represents an unleveraged version of the assets or benchmark indexes that the fund tracks. The agency explained:

The fund’s designated reference portfolio provides the unleveraged baseline against which to compare the fund’s leveraged portfolio for purposes of identifying the fund’s leverage risk under the rule.

The SEC told ETF issuers that they must lower their proposed leverage levels before their applications would be reviewed.

This step effectively slows efforts to launch highly leveraged crypto ETFs in the United States, including those seeking 3 to 5 times exposure to digital assets.

The SEC recently considered continuing to shape cryptocurrency rules even without new laws from Congress. What did SEC chair Paul Atkins say? Read the full story.

Aaron S. Editor-In-Chief
Having completed a Master’s degree in Economics, Politics, and Cultures of the East Asia region, Aaron has written scientific papers analyzing the differences between Western and Collective forms of capitalism in the post-World War II era.
With close to a decade of experience in the FinTech industry, Aaron understands all of the biggest issues and struggles that crypto enthusiasts face. He’s a passionate analyst who is concerned with data-driven and fact-based content, as well as that which speaks to both Web3 natives and industry newcomers.
Aaron is the go-to person for everything and anything related to digital currencies. With a huge passion for blockchain & Web3 education, Aaron strives to transform the space as we know it, and make it more approachable to complete beginners.
Aaron has been quoted by multiple established outlets, and is a published author himself. Even during his free time, he enjoys researching the market trends, and looking for the next supernova.

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