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.
The
certifications of the Chief Executive Officer and Chief Financial Officer are applicable to the Fund as well as the Trust as a
whole.
12
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.