SEC Issues Investor Warning Related to Single-Stock ETFs

Posted on July 26th, 2022 at 3:32 PM
SEC Issues Investor Warning Related to Single-Stock ETFs

From the Desk of Jim Eccleston at Eccleston Law:

While the Securities and Exchange Commission (SEC) has regularly updated its regulatory framework to address the introduction of complex exchange-traded products (ETPs), the SEC now is warning investors about single-stock exchange-traded funds (ETFs), which are set to soon hit the market. 

Single-stock ETFs offer leveraged, inverse or other complex exposure to one single security rather than a portfolio of diversified securities. The SEC is concerned about the risks single-stock ETFs pose to retail investors and the market as a whole. In 2019, the SEC adopted Rule 6c-11 under the Investment Company Act of 1940, which promulgated a framework enabling ETFs to meet certain conditions to come directly to market without initially obtaining SEC permission. While Rule 6c-11 fails to mention single-stock ETFs, issuers are planning to utilize the rule to bring the products to market. 

Similar to most leveraged and inverse products, the single-stock ETFs will rebalance on a daily basis, which may cause ETF returns to substantially diverge from the performance of one underlying stock. In essence, investors may generate lower-than-expected returns in comparison to the performance of the underlying stock if the products are held over a longer period of time. According to the SEC, it would be difficult for an investment advisor to recommend this type of product to a retail investor without violating his or her fiduciary obligations under Regulation Best Interest (Reg BI). While single-stock ETFs may be a useful tool to certain investors, the products pose a substantial risk to numerous retail investors and the market as a whole. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, SEC, ETFs

Return to Archive

TESTIMONIALS

Previous
Next

I want to thank you for your excellent professional representation. It was greatly appreciated.

Michael M.

LATEST NEWS AND ARTICLES

December 19, 2024
GPB Capital Investors See Progress as Court Confirms Receivership

In a significant development for investors in GPB Capital Holdings, the private equity firm will move into receivership following a prolonged legal battle.

December 18, 2024
SEC Fines Cantor Fitzgerald $6.75 Million for Misleading SPAC Investors

The Securities and Exchange Commission (SEC) has charged Cantor Fitzgerald, L.P. with causing two special purpose acquisition companies (SPACs) under its control to make misleading statements to investors before their initial public offerings (IPOs). 

December 17, 2024
Former Western Asset Management Co-CIO Charged with Fraud for Cherry-picking Trades

The SEC recently charged Ken Leech, former Co-CIO of Western Asset Management, with fraud.