Item 4. Controls and Procedures
Item 4. Controls and Procedures
Disclosure Controls and Procedures
The Trust and the Fund maintain disclosure controls
and procedures that are designed to ensure that information required to be disclosed in the Trust’s periodic reports filed or submitted
under the Securities Exchange Act of 1934, as amended (the “Exchange Act”) is recorded, processed, summarized and reported
within the time period specified in the SEC’s rules and forms for the Trust and the Fund thereof.
Management of the Sponsor of the Fund (“Management”),
including Guillermo Trias, the Sponsor’s Principal Executive Officer and Ronnie Riven, the Sponsor’s Principal Financial Officer,
who perform functions equivalent to those of a principal executive officer and principal financial officer of the Trust if the Trust had
any officers, have evaluated the effectiveness of the design and operation of the Trust and the Fund’s disclosure controls and procedures
(as defined in Rule 13a-15(e) or 15d- 15(e) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) as of
the end of the period covered by this report, and, based upon that evaluation, concluded that the Trust’s and the Fund’s disclosure
controls and procedures were effective as of the end of such period, to ensure that information the Trust is required to disclose in the
reports that it files or submits with the SEC under the Exchange Act is recorded, processed, summarized and reported, within the time
periods specified in the SEC’s rules and forms, and to ensure that information required to be disclosed by the Trust in the reports
that it files or submits under the Exchange Act is accumulated and communicated to management of the Sponsor, as appropriate, to allow
timely decisions regarding required disclosure. The scope of the evaluation of the effectiveness of the design and operation of its disclosure
controls and procedures covers the Trust, as well as separately for the Fund.
12
The certifications of the Chief Executive Officer and Chief Financial
Officer are applicable to the Fund as well as the Trust as a whole.
Changes in Internal Control over Financial Reporting
There has been no change in the Trust’s
or the Fund’s internal controls over the financial reporting (as defined in the Rules 13a-15(f) and 15d-15(f) of the Exchange Act)
that occurred during the Trust’s last fiscal quarter that has materially affected, or is reasonably likely to materially affect,
the Trust’s or the Fund’s internal control over financial reporting.
PART II. OTHER INFORMATION
Item 1. Legal Proceedings
Neither the Trust, Fund or Sponsor are currently
subject to any material legal proceedings, nor, to our knowledge, are any material legal proceedings threatened against Trust, Fund or
Sponsor.
Item 1A. Risk Factors applicable to Funds
There have been no material changes to the risk
factors previously disclosed in the Trust’s Annual Report on Form 10-K for the fiscal year ended December 31, 2023, filed with the
SEC on April 1, 2024.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.