Why does it block high-end ETFs?


First, the skies invented stocks (well, business people did). Then, they created mutual funds, and later, beginning in 1993, exchange-traded funds (ETFs). Fast forward to 2026, and it got a lot more interesting. And complex. And in particular, leverage.

So much so that the U.S. Securities and Exchange Commission (SEC) has left much to slide in terms of permitting. It has turned stock investing into, as some have said, “a casino with better lighting.”

But as organizers were asked to add another, even more exciting and risky gaming table to the “Hardstock” casino and entertainment center, they put up a stop sign. Don’t go, buy the S&P 500 Index ($SPX) and leverage it 5x. There are probably many reasons to like this decision, but let’s look at both sides.

On March 2, a rare and brief group call was held between SEC members and ETF companies that tried to push the proverbial envelope a little further. We’re inundated with 2x and 3x ETFs on both sides (long and short), as well as single-stock ETFs, long and short leveraged. So, what are the other hundred percent “juice” among market participants? Maybe we finally know where the line is.

During the call, which lasted only a few minutes and included no opportunity for questions, the SEC’s Division of Investment Management instructed independent trustees and fund counsel to deliver a strong message to issuers that they should not proceed with the activation of these products. The move effectively shuts down the registration process for funds designed to deliver 5x the daily return of underlying assets, including single stocks and cryptocurrencies.

A central issue for the regulator is whether these ultra-leveraged structures comply with Rule 18f-4, which governs the use of derivatives and risk management for investment firms. This rule generally requires that the fund’s value at risk remain below 200% of the value of the specified reference portfolio, effectively leveraging at 2x for most new products.

Issuers have recently attempted to launch 3x and 5x leveraged funds using alternative benchmarks or selected reference assets that would mathematically reduce their apparent risk profile. The SEC has now indicated that it is not comfortable with these workarounds, insisting that the risk exposure in such products is likely to exceed legal limits relative to their assets.

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