Item 1. Financial Statements
Item 1. Financial Statements.
Index
Documents
Page
Statements of Financial Condition, Schedule of Investments, Statements of Operations, Statements of Changes in Shareholders’ Equity, and Statements of Cash Flows:
-1x Short VIX Futures ETF
F-8
2x Long VIX Futures ETF
F-12
Notes to Financial Statements
F-16
- 1 -
VS Trust
Statements of Assets and Liabilities
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
June 30,
2024
June 30,
2024
December 31,
December 31,
(Unaudited)
(Unaudited)
2023
2023
ASSETS
Cash
$ 1,170,776
$ -
$ 5,032,398
$ -
Investments in securities, at value *
49,753,353
18,227,598
14,917,099
8,009,153
Interest receivable
240,994
90,842
117,866
58,172
Prepaid expenses and other assets
20,234
17,715
16,781
31,493
Deposits at Broker for Futures and Options Contracts
137,692,583
63,129,095
115,003,174
61,750,311
Variation margin receivable
-
1,361,220
-
148,593
Other receivable
750
-
2,839
-
Total Assets
188,878,690
82,826,470
135,090,157
69,997,722
LIABILITIES
Payables
Variation margin payable
$ 1,682,338
$ -
$ 204,703
$ -
Due to Other
-
921
-
-
Fund shares redeemed
-
-
9,447,400
-
Payable to Sponsor
206,855
103,871
147,790
106,270
Administrative, accounting and custodian fees payable
38,953
32,312
28,065
25,429
Professional fees payable
216,733
241,991
154,412
133,724
Licensing and registration fees payable
50,736
65,165
50,368
67,303
Total Liabilities
2,195,615
444,260
10,032,738
332,726
NET ASSETS
$ 186,683,075
$ 82,382,210
$ 125,057,419
$ 69,664,996
NET ASSETS CONSIST OF:
Paid-in capital
$ 14,643,962
$ 493,008,105
$ 4,558,124
$ 424,281,739
Total distributable earnings (accumulated deficit)
172,039,113
( 410,625,895 )
120,499,295
( 354,616,743 )
Net Assets
$ 186,683,075
$ 82,382,210
$ 125,057,419
$ 69,664,996
Net Asset Value (unlimited shares authorized):
Class I (unlimited shares authorized):
Net Assets
$ 186,683,075
$ 82,382,210
$ 125,057,419
$ 69,664,996
Shares Outstanding^
3,910,000
14,914,975
3,310,000
5,074,975
Net Asset Value, Offering and Redemption Price per Share
$ 47.75
$ 5.52
$ 37.78
$ 13.73
Market Value per Share (Note 2)
$ 47.67
$ 5.60
$ 37.73
$ 13.73
* Investments in securities, at cost
$ 49,892,350
$ 18,227,598
$ 15,728,432
$ 8,009,153
^ No Par Value
See accompanying notes to the financial statements.
F- 1
VS Trust
Statements of Operations
For the Three Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Quarter Ended
Quarter Ended
Quarter Ended
Quarter Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INVESTMENT INCOME
Income:
Interest income
$ 744,592
$ 299,459
$ 74,800
$ 301,835
Total Income
744,592
299,459
74,800
301,835
Expenses:
Management fees
562,091
306,313
225,408
521,809
Administrative, accounting and custodian fees
33,644
33,398
24,727
33,684
Professional fees
74,638
96,229
80,185
81,279
Licensing and registration fees
25,772
3,113
31,769
24,392
Other
994
994
-
-
Broker interest expense
-
-
5,462
40
Total Expenses
697,139
440,047
367,551
661,204
Net Investment Income (Loss)
47,453
( 140,588 )
( 292,751 )
( 359,369 )
REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS AND FUTURES CONTRACTS
Net realized gain (loss) on:
Options
( 3,222,295 )
-
-
-
Futures
39,231,885
( 29,512,794 )
37,164,451
( 142,872,642 )
Net change in unrealized appreciation (depreciation) of:
Options
( 116,650 )
-
-
-
Futures
( 177,708 )
3,707,269
( 811,301 )
( 4,374,661 )
Net realized and unrealized gain (loss) on investments and futures contracts
35,715,232
( 25,805,525 )
36,353,150
( 147,247,303 )
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM OPERATIONS
$ 35,762,685
$ ( 25,946,113 )
$ 36,060,399
$ ( 147,606,672 )
See accompanying notes to financial statements.
F- 2
VS Trust
Statements of Operations
For the Six Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Six Months Ended
Six Months Ended
Six Months Ended
Six Months Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INVESTMENT INCOME
Income:
Interest income
$ 1,128,372
$ 515,925
$ 121,531
$ 434,271
Total Income
1,128,372
515,925
121,531
434,271
Expenses:
Management fees
994,505
592,945
394,913
919,658
Administrative, accounting and custodian fees
65,428
66,382
46,808
62,699
Professional fees
148,492
191,982
159,092
160,949
Licensing and registration fees
33,658
7,953
50,134
44,821
Other
1,967
1,967
-
-
Broker interest expense
-
-
8,613
320
Total Expenses
1,244,050
861,229
659,560
1,188,447
Net Investment loss
( 115,678 )
( 345,304 )
( 538,029 )
( 754,176 )
REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS AND FUTURES CONTRACTS
Net realized gain (loss) on:
Options
( 6,756,441 )
-
-
-
Futures
62,272,953
( 60,257,560 )
42,451,505
( 186,102,397 )
Net change in unrealized appreciation (depreciation) of:
Options
672,336
-
-
-
Futures
( 4,533,352 )
4,593,712
5,362,473
( 10,587,514 )
Net realized and unrealized gain (loss) on investments and futures contracts
51,655,496
( 55,663,848 )
47,813,978
( 196,689,911 )
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM OPERATIONS
$ 51,539,818
$ ( 56,009,152 )
$ 47,275,949
$ ( 197,444,087 )
See accompanying notes to the financial statements.
F- 3
VS Trust
Statements of Changes in Net Assets
For the Three Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Quarter Ended
Quarter Ended
Quarter Ended
Quarter Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INCREASE (DECREASE) IN NET ASSETS:
OPERATIONS
Net investment income (loss)
$ 47,453
$ ( 140,588 )
$ ( 292,751 )
$ ( 359,369 )
Net realized gain (loss) on investments and futures contracts
36,009,590
( 29,512,794 )
37,164,451
( 142,872,642 )
Net change in unrealized appreciation (depreciation) of investments and futures contracts
( 294,358 )
3,707,269
( 811,301 )
( 4,374,661 )
Net increase (decrease) in net assets resulting from operations
35,762,685
( 25,946,113 )
36,060,399
( 147,606,672 )
CAPITAL SHARE TRANSACTIONS
Shares sold
146,784,826
100,534,349
33,849,864
174,563,374
Shares redeemed
( 87,250,271 )
( 70,175,910 )
( 72,249,312 )
( 48,655,759 )
Net increase (decrease) in net assets from capital share transactions
59,534,555
30,358,439
( 38,399,448 )
125,907,615
Total increase (decrease) in net assets
95,297,240
4,412,326
( 2,339,049 )
( 21,699,057 )
NET ASSETS
Beginning of Period
91,385,835
77,969,884
74,641,462
107,037,859
End of Period
$ 186,683,075
$ 82,382,210
$ 72,302,413
$ 85,338,802
See accompanying notes to the financial statements.
F- 4
VS Trust
Statements of Changes in Net Assets
For the Six Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Six Months Ended
Six Months Ended
Six Months Ended
Six Months Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INCREASE (DECREASE) IN NET ASSETS:
OPERATIONS
Net investment loss
$ ( 115,678 )
$ ( 345,304 )
$ ( 538,029 )
$ ( 754,176 )
Net realized gain (loss) on investments and futures contracts
55,516,512
( 60,257,560 )
42,451,505
( 186,102,397 )
Net change in unrealized appreciation (depreciation) of investments and futures contracts
( 3,861,016 )
4,593,712
5,362,473
( 10,587,514 )
Net increase (decrease) in net assets resulting from operations
51,539,818
( 56,009,152 )
47,275,949
( 197,444,087 )
CAPITAL SHARE TRANSACTIONS
Shares sold
193,932,532
159,539,336
118,500,459
278,060,557
Shares redeemed
( 183,846,694 )
( 90,812,970 )
( 139,852,598 )
( 120,766,434 )
Net increase (decrease) in net assets from capital share transactions
10,085,838
68,726,366
( 21,352,139 )
157,294,123
Total increase (decrease) in net assets
61,625,656
12,717,214
25,923,810
( 40,149,964 )
NET ASSETS
Beginning of Period
125,057,419
69,664,996
46,378,603
125,488,766
End of Period
$ 186,683,075
$ 82,382,210
$ 72,302,413
$ 85,338,802
See accompanying notes to the financial statements.
F- 5
VS Trust
Statements of Cash Flows
For the Three Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Quarter Ended
Quarter Ended
Quarter Ended
Quarter Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
CASH FLOW FROM OPERATING ACTIVITIES
Net increase (decrease) in net assets resulting from operations
$ 35,762,685
$ ( 25,946,113 )
$ 36,060,399
$ ( 147,606,672 )
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities
Purchase of investments
( 188,559,546 )
( 90,056,187 )
( 117,945,818 )
( 170,380,218 )
Proceeds from sales or maturities of investments held
160,486,393
89,967,903
123,386,374
176,796,775
Net realized gain/loss on investments in options
3,222,295
-
-
-
Net change in unrealized appreciation/depreciation on investments in options
116,650
-
-
-
Decrease (Increase) in Deposits at broker for futures and options contracts
( 73,044,072 )
( 8,610,768 )
12,091,557
( 9,303,378 )
Decrease (Increase) in Variation margin receivable
-
886,777
( 777,982 )
-
Decrease (Increase) in interest receivable
( 105,042 )
979
19,618
9,245
Decrease (Increase) in other receivables
( 750 )
-
492
1,775
Decrease (Increase) in Prepaid expenses and other assets
4,039
18,084
( 13,235 )
( 10,933 )
Decrease (Increase) in Due from Other
-
-
26
-
Increase (Decrease) in Due to Custodian
-
-
( 3,086,000 )
2,491,372
Increase (Decrease) in Due to Other
-
921
-
-
Increase (Decrease) in Variation margin payable
263,281
-
-
2,165,122
Increase (Decrease) in Payable to Sponsor
85,507
1,606
( 6,936 )
4,019
Increase (Decrease) in Administrative, accounting and custodian fees payable
16,918
5,674
6,731
1,677
Increase (Decrease) in Professional fees payable
23,432
46,454
13,987
12,757
Increase (Decrease) in Licensing and registration fees payable
( 1,658 )
( 7,168 )
8,348
15,892
Net cash provided by (used in) operating activities
( 61,729,868 )
( 33,691,838 )
49,757,561
( 145,802,567 )
CASH FLOW FROM FINANCING ACTIVITIES
Proceeds from shares sold, net of cost from shares purchased
146,784,826
100,534,349
30,240,210
192,593,274
Cost of shares redeemed
( 87,250,271 )
( 70,175,910 )
( 79,997,771 )
( 46,790,707 )
Net cash provided by (used in) financing activities
59,534,555
30,358,439
( 49,757,561 )
145,802,567
NET INCREASE IN CASH
( 2,195,313 )
( 3,333,399 )
-
-
Beginning of Period
$ 3,366,089
$ 3,333,399
$ -
$ -
End of Period
$ 1,170,776
$ -
$ -
$ -
See accompanying notes to the financial statements.
F- 6
VS Trust
Statements of Cash Flows
For the Six Months Ended June 30, 2024 and June
30, 2023 (Unaudited)
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
-1x Short VIX Futures ETF
2x Long VIX Futures ETF
Six Months Ended
Six Months Ended
Six Months Ended
Six Months Ended
June 30,
2024
June 30,
2024
June 30,
2023
June 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
CASH FLOW FROM OPERATING ACTIVITIES
Net increase (decrease) in net assets resulting from operations
$ 51,539,818
$ ( 56,009,152 )
$ 47,275,949
$ ( 197,444,087 )
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities
Purchase of investments
( 345,494,235 )
( 171,901,444 )
( 227,091,533 )
( 309,353,524 )
Proceeds from sales or maturities of investments held
304,573,876
161,682,999
227,091,533
308,086,262
Net realized gain/loss on investments in options
6,756,441
-
-
-
Net change in unrealized appreciation/depreciation on investments in options
( 672,336 )
-
-
-
Decrease (Increase) in Deposits at broker for futures and options contracts
( 22,689,409 )
( 1,378,784 )
( 20,559,259 )
31,518,493
Decrease (Increase) in Variation margin receivable
-
( 1,212,627 )
( 1,242,108 )
830,840
Decrease (Increase) in interest receivable
( 123,128 )
( 32,670 )
( 294 )
( 14,869 )
Decrease (Increase) in other receivables
2,089
-
318
19
Decrease (Increase) in Prepaid expenses and other assets
( 3,453 )
13,778
( 24,085 )
( 10,101 )
Increase (Decrease) in Due to Custodian
-
-
1,023,713
2,874,781
Increase (Decrease) in Due to Other
-
921
-
-
Increase (Decrease) in Variation margin payable
1,477,635
-
( 187,030 )
3,406,049
Increase (Decrease) in Payable to Sponsor
59,065
( 2,399 )
16,246
( 37,988 )
Increase (Decrease) in Administrative, accounting and custodian fees payable
10,888
6,883
( 1,163 )
( 1,860 )
Increase (Decrease) in Professional fees payable
62,321
108,267
43,758
42,621
Increase (Decrease) in Licensing and registration fees payable
368
( 2,138 )
14,166
27,868
Net cash provided by (used in) operating activities
( 4,500,060 )
( 68,726,366 )
26,360,211
( 160,075,496 )
CASH FLOW FROM FINANCING ACTIVITIES
Proceeds from shares sold, net of cost from shares purchased
193,932,532
159,539,336
114,890,805
278,976,878
Cost of shares redeemed
( 193,294,094 )
( 90,812,970 )
( 141,755,616 )
( 118,901,382 )
Net cash provided by (used in) financing activities
638,438
68,726,366
( 26,864,811 )
160,075,496
NET INCREASE IN CASH
( 3,861,622 )
-
( 504,600 )
-
Beginning of Period
$ 5,032,398
$ -
$ 504,600
$ -
End of Period
$ 1,170,776
$ -
$ -
$ -
See accompanying notes to the financial statements.
F- 7
-1x Short VIX Futures ETF
Schedule of Investments
as of June 30, 2024 (Unaudited)
PURCHASED OPTIONS - 1.2%(a)(b) Notional
Amount Contracts Value
Call Options - 1.2%
CBOE Volatility Index, Expiration: 08/21/2024 ; Exercise Price: $ 24.00 52,870,000 42,500 $ 2,125,000
TOTAL PURCHASED OPTIONS (Cost $ 2,263,997 ) 2,125,000
Shares
SHORT-TERM INVESTMENTS - 25.5%
Money Market Funds - 25.5%
First American Government Obligations Fund - 5.23 %(c)
47,628,353
47,628,353
TOTAL SHORT-TERM INVESTMENTS (Cost $ 47,628,353 )
47,628,353
TOTAL INVESTMENTS - 26.7 % (Cost $ 49,892,350 )
49,753,353
Other Assets in Excess of Liabilities - 73.3 %(d)
136,929,722
TOTAL NET ASSETS - 100.0 %
$ 186,683,075
Percentages are stated as a percent of net assets.
(a) Exchange-traded
(b) 100 shares per contract.
(c) The rate shown represents the 7-day effective yield as of June
30, 2024.
(d) $137,692,583 of cash is pledged as collateral for futures and options contracts.
See accompanying notes to financial statements.
F- 8
-1x Short VIX Futures ETF
Schedule of Open Futures Contracts
as of June 30, 2024 (Unaudited)
Description Contracts
Purchased Expiration Date Notional Value/
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index ( 7,528 ) 07/17/2024 $ 104,940,320 $ 2,405,033
CBOE Volatility Index ( 5,475 ) 08/21/2024 81,577,500 1,042,299
Total Unrealized Appreciation (Depreciation) $ 3,447,332
See accompanying notes to financial statements.
F- 9
-1x Short VIX Futures ETF
Schedule of Investments
December 31, 2023
Notional
Amount Contracts Value
PURCHASED OPTIONS - 0.29% (a)(b)
Call Options - 0.29%
CBOE Volatility Index, Expiration: 01/17/2024 ; Strike Price: $ 26 29,880,000 24,000 $ 360,000
TOTAL PURCHASED OPTIONS (Cost $ 1,171,333 ) 360,000
Shares
SHORT-TERM INVESTMENT - 11.64%
Money Market Funds - 11.64%
First American Government Obligations Fund, 5.28 % (d)
14,557,099
14,557,099
TOTAL SHORT-TERM INVESTMENT (Cost $ 14,557,099 )
14,557,099
TOTAL INVESTMENTS - 11.93 % (Cost $ 15,728,432 )
$ 14,917,099
Other Assets in Excess of Liabilities - 88.07 % (c)
110,140,320
TOTAL NET ASSETS - 100.00 %
$ 125,057,419
Percentages are stated as a percent of net assets.
(a) Exchange-traded.
(b) 100
shares per contract.
(c) $115,003,174
of cash is pledged as collateral for futures and options contracts.
(d) The
rate shown represents the 7-day effective yield as of December 31, 2023.
See accompanying notes to financial statements.
F- 10
-1x Short VIX Futures ETF
Schedule of Open Futures
Contracts
December 31, 2023
Description Contracts
Purchased Expiration
Date Notional Value/
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index ( 5,055 ) 1/17/2024 $ 70,972,200 $ 5,749,910
CBOE Volatility Index ( 3,538 ) 2/14/2024 54,096,020 2,230,774
$ 7,980,684
Total Unrealized Appreciation (Depreciation) $ 7,980,684
See accompanying notes to financial statements.
F- 11
2x Long VIX Futures ETF
Schedule of Investments
as of June 30, 2024 (Unaudited)
Shares
SHORT-TERM INVESTMENTS - 22.1%
Money Market Funds - 22.1%
First American Government Obligations Fund - 5.23 %(a)
18,227,598
$ 18,227,598
TOTAL SHORT-TERM INVESTMENTS (Cost $ 18,227,598 )
18,227,598
TOTAL INVESTMENTS - 22.1 % (Cost $ 18,227,598 )
$ 18,227,598
Other Assets in Excess of Liabilities - 77.9 %(b)
64,154,612
TOTAL NET ASSETS - 100.0 %
$ 82,382,210
Percentages are stated as a percent of net assets.
(a) The rate shown represents the 7-day effective yield as of June
30, 2024.
(b) $63,129,095 of cash is pledged as collateral for futures contracts.
See accompanying notes to financial statements.
F- 12
2x Long VIX Futures ETF
Schedule of Open Futures Contracts
as of June 30, 2024 (Unaudited)
Description Contracts
Purchased Expiration Date Notional Value/
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index 6,654 7/17/2024 $ 92,756,760 $ ( 2,308,571 )
CBOE Volatility Index 4,839 8/21/2024 72,101,100 ( 1,275,335 )
Total Unrealized Appreciation (Depreciation) $ ( 3,583,906 )
See accompanying notes to financial statements.
F- 13
2x Long VIX Futures ETF
Schedule of Investments
as of December 31, 2023
Shares
SHORT-TERM INVESTMENT - 11.50%
Money Market Funds - 11.50%
First American Government Obligations Fund, 5.28 % (a)
8,009,153
$ 8,009,153
TOTAL SHORT-TERM INVESTMENT (Cost
$8,009,153)
8,009,153
TOTAL INVESTMENTS - (Cost $ 8,009,153 ) 11.50 %
$ 8,009,153
Other Assets in Excess of Liabilities - 88.50 % (b)
61,655,843
TOTAL NET ASSETS - 100.00 %
$ 69,664,996
Percentages are stated as a percent of net assets.
(a) The
rate shown represents the 7-day effective yield as of December 31, 2023.
(b) $61,750,311
of cash is pledged as collateral for futures contracts.
See accompanying notes to financial statements.
F- 14
2x Long VIX Futures ETF
Schedule of Open Futures Contracts
as of December 31, 2023
Description Contracts
Purchased Expiration
Date Notional Value/
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index 5,633 1/17/2024 $ 79,087,320 $ ( 5,616,125 )
CBOE Volatility Index 3,943 2/14/2024 60,288,470 ( 2,561,493 )
$ ( 8,177,618 )
Total Unrealized Appreciation (Depreciation) $ ( 8,177,618 )
See accompanying notes to financial statements.
F- 15
VS Trust
NOTES TO FINANCIAL STATEMENTS
June 30, 2024 (unaudited)
NOTE 1 – ORGANIZATION
VS Trust (the “Trust”) is a Delaware
statutory trust formed on October 24, 2019, and is currently organized into separate series (each, a “Fund” and collectively,
the “Funds”). As of June 30, 2024, the following two series of the Trust have commenced investment operations: -1x Short VIX
Futures ETF (“SVIX”) and 2x Long VIX Futures ETF (“UVIX”). Each of the Funds listed above issues common units
of beneficial interest (“Shares”), which represent units of fractional undivided beneficial interest in and ownership of only
that Fund. The Shares of each Fund are listed on the Cboe BZX Exchange (“Cboe BZX”).
The Funds’ inception of operation was March
28, 2022. Neither the Trust nor the Funds had any operations prior to March 28, 2022, other than matters relating to its organization
and the registration of each series under the Securities Act of 1933.
Each Fund’s investment exposure to VIX futures
contracts will cause each to be deemed a commodity pool, thereby subjecting each Fund to regulation under the Commodity Exchange Act of
1934 (“CEA”) and Commodity Futures Trading Commission (“CFTC”) rules. The Sponsor is registered as a Commodity
Pool Operator (“CPO”) and the Fund will be operated in accordance with applicable CFTC rules. Registration as a CPO imposes
additional compliance obligations on the Sponsor and the Funds related to additional laws, regulations, and enforcement policies, which
could increase compliance costs and may affect the operations and financial performance of the Funds.
Volatility Shares LLC (the “Sponsor”)
is the sponsor of the Trust and the Funds. The Sponsor also will serve as the Trust’s commodity pool operator. The Funds are commodity
pools, as defined under the Commodity Exchange Act (the “CEA”), and the applicable regulations of the CFTC and are operated
by the Sponsor, which is registered as a commodity pool operator with the CFTC. The Trust is not an investment company registered under
the Investment Company Act of 1940.
NOTE 2 – SIGNIFICANT ACCOUNTING POLICIES
Each Fund is an investment company, as defined
by Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 946 “Financial
Services — Investment Companies.” As such, the Funds follow the investment company accounting and reporting guidance. The
following is a summary of significant accounting policies followed by each Fund, as applicable, in preparation of its financial statements.
These policies are in conformity with accounting principles generally accepted in the United States of America (“GAAP”).
The accompanying unaudited financial statements
were prepared in accordance with GAAP for interim financial information and with the instructions for Form 10-Q and the rules and regulations
of the U.S. Securities and Exchange Commission (“SEC”). In the opinion of management, all material adjustments, consisting
only of normal recurring adjustments, considered necessary for a fair statement of the interim period financial statements have been made.
Interim period results are not necessarily indicative of results for a full-year period.
Emerging growth company
The Trust is an “emerging growth company,”
as defined in the Jumpstart Our Business Startups Act of 2012. It will remain an emerging growth company until the earlier of (1) the
beginning of the first fiscal year following the fifth anniversary of its initial public offering, (2) the beginning of the first fiscal
year after annual gross revenue is $ 1.235 billion (subject to adjustment for inflation) or more, (3) the date on which the Fund has, during
the previous three-year period, issued more than $ 1.0 billion in non-convertible debt securities and (4) as of the end of any fiscal year
in which the market value of common equity held by non-affiliates exceeded $ 700 million as of the end of the second quarter of that fiscal
year.
For as long as the Trust remains an “emerging
growth company,” it may take advantage of certain exemptions from the various reporting requirements that are applicable to public
companies that are not “emerging growth companies” including, but not limited to, not being required to comply with the auditor
attestation requirements of Section 404 of the Sarbanes-Oxley Act, reduced disclosure obligations regarding executive compensation and
financial statements in our periodic reports and proxy statements, and exemptions from the requirements of holding a nonbinding advisory
vote to approve executive compensation and shareholder approval of any golden parachute payments not previously approved. The Trust will
take advantage of these reporting exemptions until it is no longer an “emerging growth company.”
Use of Estimates & Indemnifications
The preparation of financial statements in conformity
with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures
of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during
the reporting period. Actual results could differ from those estimates.
In the normal course of business, the Trust enters
into contracts that contain a variety of representations which provide general indemnifications. The Trust’s maximum exposure under
these arrangements cannot be known; however, the Trust expects any risk of loss to be remote.
F- 16
Basis of Presentation
Pursuant to rules and regulations of the SEC, these
financial statements are presented for the Trust as a whole, as the SEC registrant, and for each Fund individually. The debts, liabilities,
obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Fund shall be enforceable only against
the assets of such Fund and not against the assets of the Trust generally or any other Fund. Accordingly, the assets of each Fund of the
Trust include only those funds and other assets that are paid to, held by or distributed to the Trust for the purchase of Shares in that
Fund.
The cash amount shown in the Statements of Cash
Flows is the amount reported as cash in the Statements of Financial Condition dated June 30, 2024, and December 31, 2023, and represents
cash, but does not include short-term investments.
Final Net Asset Value for Fiscal Period
The cut-off times and the times of the calculation
of the Funds’ final net asset value for creation and redemption of fund Shares for the three months ended June 30, 2024, were typically
as follows. All times are Eastern Standard Time:
Fund Create/Redeem
Cut-off* (EST) NAV
Calculation
Time (EST) NAV
Calculation
Date
-1x Short VIX Futures ETF and 2:00 p.m. 4:00 p.m. June 30, 2024
2x Long VIX Futures ETF 2:00 p.m. 4:00 p.m. June 30, 2024
* Although
the Funds’ shares may continue to trade on secondary markets subsequent to the calculation of the final NAV, these times represent
the final opportunity to transact in creation or redemption units for the three months ended June 30, 2024.
Market value per Share is determined at the close
of Cboe BZX and may be later than when the Funds’ NAV per Share is calculated.
For financial reporting purposes, the Funds value
transactions based upon the final closing price in their primary markets. Accordingly, the investment valuations in these financial statements
may differ from those used in the calculation of certain of the Funds’ final creation/redemption NAV for the three months ended
June 30, 2024.
Investment Valuation
Short-term investments are valued at amortized
cost which approximates fair value for daily NAV purposes. For financial reporting purposes, short- term investments are valued at their
market price using information provided by a third-party pricing service or market quotations. In each of these situations, valuations
are typically categorized as Level I in the fair value hierarchy.
VIX futures contracts are valued using the Time
Weighted Average Price (TWAP) of the futures during the last 15 minutes of NYSE’s regular trading session, rather than solely from
the VIX futures’ settlement price. The value of a Fund’s non-exchange-traded Financial Instruments typically is determined
by applying the then-current disseminated levels for the Index to the terms of the Fund’s non-exchange-traded Financial Instruments.
In certain circumstances (e.g., if the Sponsor
believes market quotations do not accurately reflect the fair value of a Fund’s investment, or a trading halt closes an exchange
or market early), the Sponsor may, in its sole discretion, choose to determine a fair value price as the basis for determining the market
value of such investment for such day. Such fair value prices would generally be determined based on available inputs about the current
value of the underlying VIX futures contract and would be based on principles that the Sponsor deems fair and equitable.
The Funds may use a variety of money market instruments.
Money market instruments generally will be valued using market prices or at amortized cost.
Fair value pricing may require subjective determinations
about the value of an investment. While the Funds’ policies are intended to result in a calculation of its respective Fund’s
NAV that fairly reflects investment values as of the time of pricing, such Fund cannot ensure that fair values determined by the Sponsor
or persons acting at their direction would accurately reflect the price that a Fund could obtain for an investment if it were to dispose
of that investment as of the time of pricing (for instance, in a forced or distressed sale). The prices used by such Fund may differ from
the value that would be realized if the investments were sold and the differences could be material to the financial statements.
Options are valued using the last traded price
as of the close of regular trading hours on the CBOE Options Exchange.
F- 17
Fair Value of Financial Instruments
The Funds disclose
the fair value of their investments in a hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The
disclosure requirements establish a fair value hierarchy that distinguishes between: (1) market participant assumptions developed based
on market data obtained from sources independent of the Funds (observable inputs); and (2) the Funds’ own assumptions about market
participant assumptions developed based on the best information available under the circumstances (unobservable inputs). The three levels
defined by the disclosure requirements hierarchy are as follows:
Level I – Quoted prices
(unadjusted) in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement
date.
Level II – Inputs
other than quoted prices included within Level I that are observable for the asset or liability, either directly or indirectly. Level
II assets include the following: quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar
assets or liabilities in markets that are not active, inputs other than quoted prices that are observable for the asset or liability,
and inputs that are derived principally from or corroborated by observable market data by correlation or other means (market-corroborated
inputs).
Level III – Unobservable
pricing input at the measurement date for the asset or liability. Unobservable inputs shall be used to measure fair value to the extent
that observable inputs are not available.
In some instances,
the inputs used to measure fair value might fall in different levels of the fair value hierarchy. The level in the fair value hierarchy
within which the fair value measurement in its entirety falls is determined based on the lowest input level that is significant to the
fair value measurement in its entirety.
Fair value measurements
also require additional disclosure when the volume and level of activity for the asset or liability have significantly decreased, as
well as when circumstances indicate that a transaction is not orderly.
The following table
summarizes the valuation of investments at June 30, 2024 (Unaudited) and December 31, 2023 using the fair value hierarchy:
June 30, 2024 (Unaudited)
December 31, 2023
-1x
Short VIX Futures ETF
Level
1
Level
2
Level
3
Total
Level
1
Level
2
Level
3
Total
Investments
Purchased Options*
$ 2,125,000
$ -
$ –
$ 2,125,000
$ 360,000
$ –
$ –
$ 360,000
Short-Term
Investment
47,628,353
-
-
$ 47,628,353
14,557,099
-
-
$ 14,557,099
Total
Investments
$ 49,753,353
$ -
$ -
$ 49,753,353
$ 14,917,099
$ -
$ -
$ 14,917,099
Other
Financial Instruments
Assets
Short
Futures Contracts*
$ –
$ 3,447,332
$ –
$ 3,447,332
$ –
$ 7,980,684
$ –
$ 7,980,684
Total
Other Financial Instruments
$ –
$ 3,447,332
$ -
$ 3,447,332
$ -
$ 7,980,684
$ -
$ 7,980,684
2x Long VIX Futures ETF
Level
1
Level
2
Level 3
Total
Level
1
Level
2
Level 3
Total
Investments
Short-Term Investments
$ 18,227,598
$ -
$ -
$ 18,227,598
$ 8,009,153
$ -
$ -
$ 8,009,153
Total
Investments
$ 18,227,598
$ -
$ -
$ 18,227,598
$ 8,009,153
$ -
$ -
$ 8,009,153
Other
Financial Instruments
Liabilities
Long
Futures Contracts*
$ -
$ ( 3,583,906 )
$ -
$ ( 3,583,906 )
$ -
$ ( 8,177,618 )
$ -
$ ( 8,177,618 )
Total
Other Financial Instruments
$ -
$ ( 3,583,906 )
$ -
$ ( 3,583,906 )
$ -
$ ( 8,177,618 )
$ -
$ ( 8,177,618 )
* The tables above are based on market values or unrealized appreciation/(depreciation) rather than the notional amounts of derivatives. The uncertainties surrounding the valuation inputs for a derivative are likely to be more significant to a Fund’s NAV than the uncertainties surrounding inputs for a non-derivative security with the same market value.
The inputs or methodology
used for valuing investments are not necessarily an indication of the risk associated with investing in those securities.
F- 18
Investment Transactions and Related Income
Investment transactions are recorded on the trade
date. All such transactions are recorded on the identified cost basis and marked to market daily. Unrealized appreciation (depreciation)
on open contracts are reflected in the Statements of Financial Condition and changes in the unrealized appreciation (depreciation) between
periods are reflected in the Statements of Operations.
Interest income is recognized on an accrual basis
and includes, where applicable, the amortization of premium or discount, and is reflected as Interest Income in the Statement of Operations.
Brokerage Commissions and Futures Account Fees
Each Fund pays its respective brokerage commissions,
including applicable exchange fees, National Futures Association (“NFA”) fees, give-up fees, pit brokerage fees and other
transaction related fees and expenses charged in connection with trading activities for each Fund’s investment in U.S. Commodity
Futures Trading Commission (“CFTC”) regulated investments. The effects of trading spreads, financing costs/fees associated
with Financial Instruments, and costs relating to the purchase of U.S. Treasury securities or similar high credit quality short-term fixed-income
would also be borne by the Funds. Brokerage commissions on futures contracts are recognized on a half-turn basis (e.g., the first half
is recognized when the contract is purchased (opened) and the second half is recognized when the transaction is closed).
Federal Income Tax
Each Fund is registered as a series of a Delaware
statutory trust and is treated as a partnership for U.S. federal income tax purposes. Accordingly, no Fund expects to incur U.S. federal
income tax liability; rather, each beneficial owner of a Fund’s Shares is required to take into account its allocable share of its
Fund’s income, gain, loss, deductions and other items for its Fund’s taxable year ending with or within the beneficial owner’s
taxable year.
Management of the Funds has reviewed all open tax
years and major jurisdictions (i.e., the last four tax year ends and the interim tax period since then, as applicable) and concluded that
there is no tax liability resulting from unrecognized tax benefits relating to uncertain income tax positions taken or expected to be
taken in future tax returns. The Funds are also not aware of any tax positions for which it is reasonably possible that the total amounts
of unrecognized tax benefits will significantly change in the next twelve months. On an ongoing basis, management monitors its tax positions
taken under the interpretation to determine if adjustments to conclusions are necessary based on factors including, but not limited to,
on-going analysis of tax law, regulation, and interpretations thereof.
NOTE 3 – INVESTMENTS
Short-Term Investments
The Funds may purchase U.S. Treasury Bills, agency
securities, and other high-credit quality short-term fixed income or similar securities with original maturities of one year or less.
A portion of these investments may be posted as collateral in connection with swap agreements, futures, and/or forward contracts.
Accounting for Derivative Instruments
In seeking to achieve each Fund’s investment
objective, the Sponsor uses a mathematical approach to investing. Using this approach, the Sponsor determines the type, quantity and mix
of investment positions, including derivative positions, which the Sponsor believes in combination, should produce returns consistent
with a Fund’s objective.
All open derivative positions at period end are
reflected on each respective Fund’s Schedule of Investments. Certain Funds utilized a varying level of derivative instruments in
conjunction with investment securities in seeking to meet their investment objectives during the period. While the volume of open positions
may vary on a daily basis as each Fund transacts derivatives contracts in order to achieve the appropriate exposure to meet its investment
objective, the volume of these open positions relative to the net assets of each respective Fund at the date of this report is generally
representative of open positions throughout the reporting period.
Following is a description of the derivative instruments
used by the Funds during the reporting period, including the primary underlying risk exposures related to each instrument type.
Futures Contracts
The Funds may enter into futures contracts to gain
exposure to changes in the value of, or as a substitute for investing directly in (or shorting), an underlying benchmark. A futures contract
obligates the seller to deliver (and the purchaser to accept) the future delivery of a specified quantity and type of asset at a specified
time and place. The contractual obligations of a buyer or seller may generally be satisfied by taking or making physical delivery of the
underlying commodity, if applicable, or by making an offsetting sale or purchase of an identical futures contract on the same or linked
exchange before the designated date of delivery, or by cash settlement at expiration of contract.
F- 19
Upon entering into a futures contract, each Fund
is required to deposit and maintain as collateral at least such initial margin as required by the exchange on which the transaction is
affected. The initial margin is segregated as cash and/or securities balances with brokers for futures contracts, as disclosed in the
Statements of Financial Condition, and is restricted as to its use. The Funds that enter into futures contracts maintain collateral at
the broker in the form of cash and/or securities. Pursuant to the futures contract, each Fund generally agrees to receive from or pay
to the broker(s) an amount of cash equal to the daily fluctuation in value of the futures contract. Such receipts or payments are known
as variation margin and are recorded by each Fund as unrealized gains or losses. Each Fund will realize a gain or loss upon closing of
a futures transaction.
Futures contracts involve, to varying degrees,
elements of market risk (specifically exchange rate sensitivity, commodity price risk or equity market volatility risk) and exposure to
loss in excess of the amount of variation margin. The face or contract amounts reflect the extent of the total exposure each Fund has
in the particular classes of instruments. Additional risks associated with the use of futures contracts are imperfect correlation between
movements in the price of the futures contracts and the market value of the underlying Index or commodity and the possibility of an illiquid
market for a futures contract. With futures contracts, there is minimal but some counterparty risk to the Funds since futures contracts
are exchange-traded and the credit risk resides with the Funds’ clearing broker or clearinghouse itself. Many futures exchanges
and boards of trade limit the amount of fluctuation permitted in futures contract prices during a single trading day. Once the daily limit
has been reached in a particular contract, no trades may be made that day at a price beyond that limit or trading may be suspended for
specified times during the trading day. Futures contracts prices could move to the limit for several consecutive trading days with little
or no trading, thereby preventing prompt liquidation of futures positions and potentially subjecting a Fund to substantial losses. If
trading is not possible, or if a Fund determines not to close a futures position in anticipation of adverse price movements, the Fund
will be required to make daily cash payments of variation margin. The risk the Fund will be unable to close out a futures position will
be minimized by entering into such transactions on a national exchange with an active and liquid secondary market.
Option Contracts
An option is a contract that gives the buyer the
right, but not the obligation, to buy or sell a specified quantity of a commodity or other instrument at a specific (or strike) price
within a specified period of time, regardless of the market price of that instrument. There are two types of options: calls and puts.
A call option conveys to the option buyer the right to purchase a particular futures contract at a stated price at any time during the
life of the option. A put option conveys to the option buyer the right to sell a particular futures contract at a stated price at any
time during the life of the option. Options written by a Fund may be wholly or partially covered (meaning that the Fund holds an offsetting
position) or uncovered. In the case of the purchase of an option, the risk of loss of an investor’s entire investment (i.e., the
premium paid plus transaction charges) reflects the nature of an option as a wasting asset that may become worthless when the option expires.
Where an option is written or granted (i.e., sold) uncovered, the seller may be liable to pay substantial additional margin, and the risk
of loss is unlimited, as the seller will be obligated to deliver, or take delivery of, an asset at a predetermined price which may, upon
exercise of the option, be significantly different from the market value.
When a Fund writes a call or put, an amount equal
to the premium received is recorded and subsequently marked to market to reflect the current value of the option written. Premiums received
from writing options which expire are treated as realized gains. Premiums received from writing options which are exercised or closed
are added to the proceeds or offset against amounts paid on the underlying futures, swap or security transaction to determine the realized
gain (loss).
When a Fund purchases an option, the Fund pays
a premium which is included as an asset on the Statement of Financial Condition and subsequently marked to market to reflect the current
value of the option. Premiums paid for purchasing options which expire are treated as realized losses. The risk associated with purchasing
put and call options is limited to the premium paid. Premiums paid for purchasing options which are exercised or closed are added to the
amounts paid or offset against the proceeds on the underlying investment transaction to determine the realized gain (loss) when the underlying
transaction is executed.
Certain options transactions may subject the writer
(seller) to unlimited risk of loss in the event of an increase in the price of the contract to be purchased or delivered. The value of
a Fund’s options transactions, if any, will be affected by, among other things, changes in the value of a Fund’s underlying
benchmark relative to the strike price, changes in interest rates, changes in the actual and implied volatility of the Fund’s underlying
benchmark, and the remaining time until the options expire, or any combination thereof. The value of the options should not be expected
to increase or decrease at the same rate as the level of the Fund’s underlying benchmark, which may contribute to tracking error.
Options may be less liquid than certain other securities. A Fund’s ability to trade options will be dependent on the willingness
of counterparties to trade such options with the Fund. In a less liquid market for options, a Fund may have difficulty closing out certain
option positions at desired times and prices. A Fund may experience substantial downside from specific option positions and certain option
positions may expire worthless. Over-the-counter options generally are not assignable except by agreement between the parties concerned,
and no party or purchaser has any obligation to permit such assignments. The over-the-counter market for options is relatively illiquid,
particularly for relatively small transactions. The use of options transactions exposes a Fund to liquidity risk and counterparty credit
risk, and in certain circumstances may expose the Fund to unlimited risk of loss. The Funds may buy and sell options on futures contracts,
which may present even greater volatility and risk of loss.
F- 20
Swap Agreements
The Funds may enter into swap agreements for purposes
of pursuing their investment objectives or as a substitute for investing directly in (or shorting) an underlying Index or to create an
economic hedge against a position. Swap agreements are two-party contracts that have traditionally been entered into primarily with institutional
investors in over-the-counter (“OTC”) markets for a specified period, ranging from a day to more than one year. However, the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) provides for significant reforms of the OTC
derivative markets, including a requirement to execute certain swap transactions on a CFTC-regulated market and/or to clear such transactions
through a CFTC-regulated central clearing organization. In a standard swap transaction, two parties agree to exchange the returns earned
or realized on a particular predetermined investment, instrument or Index in exchange for a fixed or floating rate of return in respect
of a predetermined notional amount. Transaction or commission costs are reflected in the benchmark level at which the transaction is entered
into. The gross returns to be exchanged are calculated with respect to a notional amount and the benchmark returns to which the swap is
linked. Swap agreements do not involve the delivery of underlying instruments.
Generally, swap agreements entered into by the
Funds calculate and settle the obligations of the parties to the agreement on a “net basis” with a single payment. Consequently,
each Fund’s current obligations (or rights) under a swap agreement will generally be equal only to the net amount to be paid or
received under the agreement based on the relative values of such obligations (or rights) (the “net amount”). In a typical
swap agreement entered into by UVIX, the would be entitled to settlement payments in the event the level of the benchmark increases and
would be required to make payments to the swap counterparties in the event the level of the benchmark decreases, adjusted for any transaction
costs or trading spreads on the notional amount the Funds may pay. In a typical swap agreement entered into by SVIX, the Fund would be
required to make payments to the swap counterparties in the event the level of the benchmark increases and would be entitled to settlement
payments in the event the level of the benchmark decreases, adjusted for any transaction costs or trading spreads on the notional amount
the Funds may pay.
The net amount of the excess, if any, of each Fund’s
obligations over its entitlements with respect to each OTC swap agreement is accrued on a daily basis and an amount of cash and/or securities
having an aggregate value at least equal to such accrued excess is maintained for the benefit of the counterparty in a segregated account
by the Funds’ Custodian. The net amount of the excess, if any, of each Fund’s entitlements over its obligations with respect
to each OTC swap agreement is accrued on a daily basis and an amount of cash and/or securities having an aggregate value at least equal
to such accrued excess is maintained for the benefit of the Fund in a segregated account by a third party custodian. Until a swap agreement
is settled in cash, the gain or loss on the notional amount less any transaction costs or trading spreads payable by each Fund on the
notional amount are recorded as “unrealized appreciation or depreciation on swap agreements” and, when cash is exchanged,
the gain or loss realized is recorded as “realized gains or losses on swap agreements.” Swap agreements are generally valued
at the last settled price of the benchmark referenced asset.
Swap agreements contain various conditions, events
of default, termination events, covenants and representations. The triggering of certain events or the default on certain terms of the
agreement could allow a party to terminate a transaction under the agreement and request immediate payment in an amount equal to the net
positions owed to the party under the agreement. This could cause a Fund to have to enter into a new transaction with the same counterparty,
enter into a transaction with a different counterparty or seek to achieve its investment objective through any number of different investments
or investment techniques.
F- 21
Swap agreements involve, to varying degrees, elements
of market risk and exposure to loss in excess of the unrealized gain/loss reflected. The notional amounts reflect the extent of the total
investment exposure each Fund has under the swap agreement, which may exceed the NAV of each Fund. Additional risks associated with the
use of swap agreements are imperfect correlations between movements in the notional amount and the price of the underlying reference Index
and the inability of counterparties to perform. Each Fund bears the risk of loss of the amount expected to be received under a swap agreement
in the event of the default or bankruptcy of a swap agreement counterparty. A Fund will typically enter into swap agreements only with
major global financial institutions. The creditworthiness of each of the firms that is a party to a swap agreement is monitored by the
Sponsor. The Sponsor may use various techniques to minimize credit risk including early termination and payment, using different counterparties,
limiting the net amount due from any individual counterparty and generally requiring collateral to be posted by the counterparty in an
amount approximately equal to that owed to the Funds. Outstanding swap agreements contractually terminate within one month but may be
terminated without penalty by either party at any time. Upon termination, the Fund is obligated to pay or receive the “unrealized
appreciation or depreciation” amount.
The Funds, as applicable, collateralize swap agreements
by segregating or designating cash and/or certain securities as indicated on the Statements of Financial Condition or Schedules of Investments.
As noted above, collateral posted in connection with OTC derivative transactions is held for the benefit of the counterparty in a segregated
tri-party account at the Custodian to protect the counterparty against non-payment by the Funds. The collateral held in this account is
restricted as to its use. In the event of a default by the counterparty, the Funds will seek withdrawal of this collateral from the segregated
account and may incur certain costs in exercising its right with respect to the collateral. If a counterparty becomes bankrupt or otherwise
fails to perform its obligations due to financial difficulties, the Funds may experience significant delays in obtaining any recovery
in a bankruptcy or other reorganizational proceeding. The Funds may obtain only limited recovery or may obtain no recovery in such circumstances.
The Funds remain subject to credit risk with respect
to the amount they expect to receive from counterparties. However, the Funds have sought to mitigate these risks in connection with OTC
swaps by generally requiring that the counterparties for each Fund agree to post collateral for the benefit of the Fund, marked to market
daily, in an amount approximately equal to what the counterparty owes the Fund, subject to certain minimum thresholds. In the event of
a bankruptcy of a counterparty, such Fund will have direct access to the collateral received from the counterparty, generally as of the
day prior to the bankruptcy, because there is a one day time lag between the Fund’s request for collateral and the delivery of such
collateral. To the extent any such collateral is insufficient, the Funds will be exposed to counterparty risk as described above, including
the possible delays in recovering amounts as a result of bankruptcy proceedings.
The counterparty/credit risk for cleared derivative
transactions is generally lower than for OTC derivatives since generally a clearing organization becomes substituted for each counterparty
to a cleared derivative contract and, in effect, guarantees the parties’ performance under the contract as each party to a trade
looks only to the clearing organization for performance of financial obligations. In addition, cleared derivative transactions benefit
from daily marking- to-market and settlement, and segregation and minimum capital requirements applicable to intermediaries.
Statements of Assets and Liabilities
Fair values of derivative instruments as of June 30, 2024 (Unaudited)
and December 31, 2023:
Statements of
Assets and
Liabilities Location Fair Value Statements of
Assets and
Liabilities Location Fair Value
As of June 30, 2024 (Unaudited) As of December 31, 2023
-1x Short VIX Futures ETF Assets Liabilities Assets Liabilities
Purchased Option Contracts:
Index Investments, at value $ 2,125,000 $ -
Investments, at value $ 360,000 $ -
Short Futures Contracts:
Index Unrealized Appreciation* 3,447,332 -
Unrealized Appreciation* 7,980,684 -
Total fair values of derivative instruments $ 5,572,332 $ -
$ 8,340,684 $ -
2x Long VIX Futures ETF Assets Liabilities Assets Liabilities
Long Futures Contracts:
Index Unrealized Appreciation* $ -
$ ( 3,583,906 ) Unrealized Appreciation* $ -
$ ( 8,177,618 )
Total fair values of derivative instruments $ -
$ ( 3,583,906 ) $ -
$ ( 8,177,618 )
* Includes cumulative appreciation (depreciation) of futures contracts as reported in the Schedule of Futures Contracts. Only current day's variation margin is reported within the Statements of Financial Condition in receivable/payable on open futures.
F- 22
Statements of Operations
The effect of derivative instruments on the Statement of Operations
for the three months ended June 30, 2024 (Unaudited) and June 30, 2023 (Unaudited):
Net Realized Gain (Loss) on Derivatives
Net Realized Gain (Loss) on Derivatives
For the three months ended June 30, 2024 (Unaudited)
For the three months ended June 30, 2023 (Unaudited)
-1x Short VIX Futures ETF
Purchased
Short
Purchased
Short
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ ( 3,222,295 )
$ 39,231,885
$ 36,009,590
$ -
$ 37,164,451
$ 37,164,451
Total
$ ( 3,222,295 )
$ 39,231,885
$ 36,009,590
$ -
$ 37,164,451
$ 37,164,451
2x Long VIX Futures ETF
Purchased
Long
Purchased
Long
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ -
$ ( 29,512,794 )
$ ( 29,512,794 )
$ -
$ ( 142,872,642 )
$ ( 142,872,642 )
Total
$ -
$ ( 29,512,794 )
$ ( 29,512,794 )
$ -
$ ( 142,872,642 )
$ ( 142,872,642 )
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
For the three months ended June 30, 2024 (Unaudited)
For the three months ended June 30, 2023 (Unaudited)
-1x Short VIX Futures ETF
Purchased
Short
Purchased
Short
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ ( 116,650 )
$ ( 177,708 )
$ ( 294,358 )
$ -
$ ( 811,301 )
$ ( 811,301 )
Total
$ ( 116,650 )
$ ( 177,708 )
$ ( 294,358 )
$ -
$ ( 811,301 )
$ ( 811,301 )
2x Long VIX Futures ETF
Purchased
Long
Purchased
Long
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ -
$ 3,707,269
$ 3,707,269
$ -
$ ( 4,374,661 )
$ ( 4,374,661 )
Total
$ -
$ 3,707,269
$ 3,707,269
$ -
$ ( 4,374,661 )
$ ( 4,374,661 )
The following table indicates the average volume when in
use for the quarter ended June 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 160,428,055
Average notional value of short futures contracts
( 138,983,945 )
-
The following table indicates the average volume when in
use for the quarter ended June 30, 2023 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
192,492,175
Average notional value of short futures contracts
$ ( 72,115,655 )
-
The following table indicates the average volume when in
use for the quarter ended June 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of purchased options contracts
$ 45,827,900
$ -
There were no transactions in purchased option contracts
during the quarter ended June 30, 2023.
F- 23
The effect of derivative instruments on the Statement of Operations
for the six months ended June 30, 2024 (Unaudited) and June 30, 2023 (Unaudited):
Net Realized Gain (Loss) on Derivatives
Net Realized Gain (Loss) on Derivatives
For the six months ended June 30, 2024
(Unaudited)
For the six months ended June 30, 2023
(Unaudited)
-1x Short VIX Futures ETF
Purchased
Short
Purchased
Short
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ ( 6,756,441 )
$ 62,272,953
$ 55,516,512
$ -
$ 42,451,505
$ 42,451,505
Total
$ ( 6,756,441 )
$ 62,272,953
$ 55,516,512
$ -
$ 42,451,505
$ 42,451,505
2x Long VIX Futures ETF
Purchased
Long
Purchased
Long
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ -
$ ( 60,257,560 )
$ ( 60,257,560 )
$ -
$ ( 186,102,397 )
$ ( 186,102,397 )
Total
$ -
$ ( 60,257,560 )
$ ( 60,257,560 )
$ -
$ ( 186,102,397 )
$ ( 186,102,397 )
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
For the six months ended June 30, 2024
(Unaudited)
For the six months ended June 30, 2023
(Unaudited)
-1x Short VIX Futures ETF
Purchased
Short
Purchased
Short
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ 672,336
$ ( 4,533,352 )
$ ( 3,861,016 )
$ -
$ 5,362,473
$ 5,362,473
Total
$ 672,336
$ ( 4,533,352 )
$ ( 3,861,016 )
$ -
$ 5,362,473
$ 5,362,473
2x Long VIX Futures ETF
Purchased
Long
Purchased
Long
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ -
$ 4,593,712
$ 4,593,712
$ -
$ ( 10,587,514 )
$ ( 10,587,514 )
Total
$ -
$ 4,593,712
$ 4,593,712
$ -
$ ( 10,587,514 )
$ ( 10,587,514 )
* The amounts disclosed are included in the realized gain (loss)
on investments.
** The amounts disclosed are included in the change in unrealized
appreciation (depreciation) on investments.
The following table indicates the average volume when in
use for the six months ended June 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 153,410,633
Average notional value of short futures contracts
( 134,345,370 )
-
The following table indicates the average volume when in
use for the six months ended June 30, 2023 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 212,021,687
Average notional value of short futures contracts
( 63,539,863 )
-
The following table indicates the average volume when in
use for the six months ended June 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of purchased options contracts
$ 41,159,514
$ -
There were no transactions in purchased option contracts during the
six months ended June 30, 2023.
F- 24
Offsetting Assets and Liabilities
Each Fund is subject to master netting agreements
or similar arrangements that allow for amounts owed between each Fund and the counterparty to be netted upon an early termination. The
party that has the larger payable pays the excess of the larger amount over the smaller amount to the other party. The master netting
agreements or similar arrangements do not apply to amounts owed to/from different counterparties. As described above, the Funds utilize
derivative instruments to achieve their investment objective during the year. The amounts shown in the Statements of Financial Condition
do not take into consideration the effects of legally enforceable master netting agreements or similar arrangements.
For financial reporting purposes, the Funds do
not offset derivative assets and derivative liabilities that are subject to netting arrangements in the Statements of Financial Condition.
The following table presents each Fund’s derivatives by investment type and by counterparty net of amounts available for offset
under a master netting agreement and the related collateral received or pledged by the Funds as of June 30, 2024 and December 31, 2023.
Fair Values of Derivative Instruments as of June 30, 2024 (Unaudited)
Assets
Liabilities
Fund
Gross
Amounts of
Recognized
Assets
presented
in the Statements of
Financial
Condition
Gross Amounts Offset
in the Statements of
Financial
Condition
Net
Amounts
of Assets presented
in the Statements of
Financial
Condition
Gross
Amounts of
Recognized
Liabilities presented
in the
Statements of
Financial
Condition
Gross
Amounts
Offset
in the Statements of
Financial
Condition
Net
Amounts of
Liabilities
presented
in the Statements of
Financial
Condition
-1x Short VIX Futures ETF
$ -
$ -
$ -
$ 1,682,338
$ -
$ 1,682,338
2x Long VIX Futures ETF
1,361,220
-
1,361,220
-
-
-
Fair Values of Derivative Instruments as of December 31, 2023
Assets
Liabilities
Fund
Gross Amounts of
Recognized
Assets
presented
in the
Statements of
Financial
Condition
Gross
Amounts
Offset in
the
Statements of
Financial
Condition
Net
Amounts
of Assets
presented
in the
Statements of
Financial
Condition
Gross
Amounts of
Recognized
Liabilities
presented
in the
Statements of
Financial
Condition
Gross
Amounts
Offset
in the Statements of
Financial
Condition
Net
Amounts of
Liabilities presented
in the
Statements of
Financial
Condition
-1x Short VIX Futures ETF
$ -
$ -
$ -
$ 204,703
$ -
$ 204,703
2x Long VIX Futures ETF
148,593
-
148,593
-
-
-
Asset (Liability) amounts shown in the table below
represent amounts owed to (by) the Funds for the derivative-related investments at June 30, 2024 and December 31, 2023. These amounts
may be collateralized by cash or financial instruments, segregated for the benefit of the Funds or the counterparties, depending on whether
the related contracts are in an appreciated or depreciated position at period end. Amounts shown in the column labeled “Net Amount”
represent the uncollateralized portions of these amounts at period end. These amounts may be un-collateralized due to timing differences
related to market movements or due to minimum thresholds for collateral movement, as further described above under the caption “Accounting
for Derivative Instruments”.
F- 25
Gross Amounts Not Offset in the Statements of Financial Condition as of June 30, 2024 (Unaudited)
Fund
Amounts of
Recognized
Assets /
(Liabilities)
presented
in the
Statements of
Financial
Condition
Financial Instruments
for the Benefit
of (the Funds)
/ the
Counterparties
Cash
Collateral for
the Benefit of
(the Funds) /
the
Counterparties
Net Amount
-1x Short VIX Futures ETF
$ ( 1,682,338 )
$ -
$ -
$ ( 1,682,338 )
2x Long VIX Futures ETF
1,361,220
-
-
1,361,220
Gross Amounts Not Offset in the Statements of Financial Condition as of December 31, 2023
Fund
Amounts of
Recognized
Assets /
(Liabilities)
presented
in the
Statements of
Financial
Condition
Financial Instruments
for the Benefit
of (the Funds)
/ the
Counterparties
Cash
Collateral for
the Benefit of
(the Funds) /
the
Counterparties
Net Amount
-1x Short VIX Futures ETF
$ ( 204,703 )
$ -
$ -
$ ( 204,703 )
2x Long VIX Futures ETF
148,593
-
-
148,593
F- 26
NOTE 4 – AGREEMENTS
SVIX pays the Sponsor a management fee (the “Management
Fee”), monthly in arrears, in an amount equal to 1.35 % per annum of its average daily net assets. UVIX pays the Sponsor
a Management Fee, monthly in arrears, in an amount equal to 1.65 % per annum of its average daily net assets. “Average daily
net assets” is calculated by dividing the month-end net assets of each Fund by the number of calendar days in such month.
No other Management Fee is paid by the Funds.
The Management Fee is paid in consideration of the Sponsor’s trading advisory services and the other services provided to the Fund
that the Sponsor pays directly.
Pursuant to the Sponsor Agreement between Sponsor
and the Trust, on behalf of the Funds, the Sponsor oversees and pays Penserra Capital Management, LLC. (“Commodity Sub-Adviser”)
for its services as Commodity Sub-Adviser. The Commodity Sub-Adviser is paid by the Sponsor an annual sub-advisory fee of 0.20 % based
on each Fund’s average daily net assets (total assets of the Fund, minus the sum of its accrued liabilities). The Funds do not
directly pay the Commodity Sub-Adviser.
Non-Recurring Fees and Expenses
Each Fund pays all its non-recurring and unusual
fees and expenses, if any, as determined by the Sponsor. Non-recurring and unusual fees and expenses are fees and expenses that are unexpected
or unusual in nature, such as legal claims and liabilities, litigation costs or indemnification or other material expenses which are
not currently anticipated obligations of the Funds.
The Administrator, Transfer Agent and Custodian
U.S. Bancorp Fund Services, LLC, doing business
as U.S. Bank Global Fund Services (“Fund Services”), an indirect subsidiary of U.S. Bancorp, serves as the Fund’s fund
accountant, administrator and transfer agent pursuant to certain fund accounting servicing, fund administration servicing and transfer
agent servicing agreements. U.S. Bank National Association, a subsidiary of U.S. Bancorp and parent company of Fund Services, intends
to serve as the Fund’s custodian pursuant to a custody agreement.
The Marketing Agent
Foreside Fund Services, LLC (the “Marketing
Agent”) serves as the Marketing Agent of the Funds. Its principal duties are: (i) to work with the Transfer Agent to review and
approve orders placed by Authorized Participants and transmitted to the Transfer Agent; (ii) maintain copies of confirmations of Creation
Unit creation and redemption order acceptances; (iii) maintain telephonic, facsimile and/or access to direct computer communications
links with the Transfer Agent; and (iv) review and approve, prior to use, all Trust marketing materials for compliance with applicable
SEC and FINRA advertising rules.
The Marketing Agent retains all marketing materials separately
for the Funds, at their offices located at Three Canal Plaza, Suite 100 Portland, Maine 04101.
As compensation for the services it provides, the Marketing
Agent receives a fee from the Funds.
F- 27
NOTE 5 – OFFERING COSTS
Offering costs will be amortized by the Funds
over a twelve month period on a straight-line basis beginning once the fund commences operations. The Sponsor will not charge its Management
Fee in the first year of operations of a Fund in an amount equal to the offering costs. Normal and expected expenses incurred in connection
with the continuous offering of Shares of a Fund after the commencement of its trading operations will be paid by the Sponsor.
NOTE 6 – CREATION AND REDEMPTION OF CREATION UNITS
Each Fund issues and redeems shares from time
to time, but only in one or more Creation Units. A Creation Unit is a block of at least 10,000 Shares of a Fund. Creation Units may be
created or redeemed only by Authorized Participants.
Except when aggregated in Creation Units, the
Shares are not redeemable securities. Retail investors, therefore, generally will not be able to purchase or redeem Shares directly from
or with a Fund. Rather, most retail investors will purchase or sell Shares in the secondary market with the assistance of a broker. Thus,
some of the information contained in these Notes to Financial Statements—such as references to the Transaction Fees imposed on
purchases and redemptions is not relevant to retail investors.
Transaction Fees on Creation and Redemption Transactions
The manner by which Creation Units are purchased
or redeemed is governed by the terms of the Authorized Participant Agreement and Authorized Participant Procedures Handbook. By placing
a purchase order, an Authorized Participant agrees to: (1) deposit cash with the Custodian; and (2) if permitted by the Sponsor in its
sole discretion, enter into or arrange for an exchange of futures contract for related position or block trade with the relevant fund
whereby the Authorized Participant would also transfer to such Fund a number and type of exchange-traded futures contracts at or near
the closing settlement price for such contracts on the purchase order date.
Authorized Participants may pay a fee up to 0.03 %
of the value of each order they place with each order to create or redeem a Creation Unit in order to compensate the Administrator, the
Custodian and the Transfer Agent of each Fund and its Shares, for services in processing the creation and redemption of Creation Units
and to offset the costs of increasing or decreasing derivative positions, unless the transaction fee is waived or otherwise adjusted
by the Sponsor.
The Sponsor provides such Authorized Participant
with prompt notice in advance of any such waiver or adjustment of the transaction fee. Authorized Participants may sell the Shares included
in the Creation Units they purchase from the Funds to other investors in the secondary market.
F- 28
Transaction Fees for the three months ended June
30, 2024 (Unaudited) and June 30, 2023 (Unaudited) were as follows:
Fund
Three Months
Ended
June 30,
2024
(Unaudited)
Three Months
Ended
June 30,
2023 (Unaudited)
-1x Short VIX Futures ETF
$ 70,190
$ 31,820
2x Long VIX Futures ETF
51,197
66,946
$ 121,387
$ 98,766
Fund
Six Months
Ended
June 30,
2024
(Unaudited)
Six Months
Ended
June 30,
2023
(Unaudited)
-1x Short VIX Futures ETF
$ 113,300
$ 77,483
2x Long VIX Futures ETF
75,083
119,613
$ 188,383
$ 197,096
NOTE 7 – FINANCIAL HIGHLIGHTS
Selected data is for a Share outstanding throughout
the three months ended June 30, 2024 (Unaudited) and June 30, 2023 (Unaudited):
VS Trust
Financial Highlights
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Quarter
Ended
Quarter
Ended
Quarter
Ended
Quarter
Ended
June 30,
2024
(Unaudited)
June 30,
2024
(Unaudited)
June 30,
2023
(Unaudited)
June 30,
2023
(Unaudited)
Net Asset Value, Beginning of Period
$ 42.51
$ 8.68
$ 16.55
$ 15.88
Net investment loss (1)
0.01
( 0.01 )
( 0.09 )
( 0.03 )
Net Realized and Unrealized Gain (Loss) on Investments and Futures Contracts (2)
5.23
( 3.15 )
11.67
( 11.41 )
Net Increase (Decrease) in Net Asset Value Resulting from Operations
5.24
( 3.16 )
11.58
( 11.44 )
Net Asset Value, End of Period
$ 47.75
$ 5.52
$ 28.13
$ 4.44
Market Value Per Share (3)
$ 47.67
$ 5.60
$ 28.07
$ 4.46
Total Return at Net Asset Value (4)
12.33 %
- 36.41 %
69.97 %
- 72.04 %
Total Return at Market Value (4)
12.54 %
- 36.00 %
70.02 %
- 72.09 %
Ratios to Average Net Assets: (5)
Expense ratio (6)
1.67 %
2.37 %
2.20 %
2.09 %
Net Investment Loss
0.11 %
- 0.76 %
- 1.75 %
- 1.14 %
(1) Net investment loss per share represents net investment loss
divided by the daily average shares of beneficial interest outstanding during the period.
(2) Due to timing of capital share transactions, per share amounts
may not compare with amounts appearing elsewhere within these Financial Statements.
(3) Market values are determined at the close of the applicable
primary listing exchange, which may be later than when the Funds' net asset value is calculated.
(4) Percentages are not annualized for the period ended June 30,
2024 and June 30, 2023.
(5) Percentages are annualized.
(6) The expense ratio would be 1.67 % and 2.37 % respectively, for
the three months ended June 30, 2024, and 2.17 % and 2.09 % for the three months ended June 30, 2023 if brokerage commissions and futures
and futures account fees were excluded.
See accompanying notes to financial statements.
F- 29
Selected data is for a Share outstanding throughout the Six Months
Ended June 30, 2024 (Unaudited) and June 30, 2023 (Unaudited)
VS Trust
Financial Highlights
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Six Months
Ended
Six Months
Ended
Six Months
Ended
Six Months
Ended
June 30,
2024 (Unaudited)
June 30,
2024
(Unaudited)
June 30,
2023 (Unaudited)
June 30,
2023
(Unaudited)
Net Asset Value, Beginning of Period
$ 37.78
$ 13.73
$ 14.63
$ 29.25
Net investment loss (1)
( 0.03 )
( 0.04 )
( 0.17 )
( 0.08 )
Net Realized and Unrealized Gain (Loss) on Investments and Futures Contracts (2)
10.00
( 8.17 )
13.67
( 24.73 )
Net Increase (Decrease) in Net Asset Value Resulting from Operations
9.97
( 8.21 )
13.50
( 24.81 )
Net Asset Value, End of Period
$ 47.75
$ 5.52
$ 28.13
$ 4.44
Market Value Per Share (3)
$ 47.67
$ 5.60
$ 28.07
$ 4.46
Total Return at Net Asset Value (4)
26.39 %
- 59.80 %
92.28 %
- 84.82 %
Total Return at Market Value (4)
26.35 %
- 59.21 %
91.47 %
- 84.67 %
Ratios to Average Net Assets: (5)
Expense ratio (6)
1.69 %
2.40 %
2.25 %
2.13 %
Net Investment Loss
- 0.16 %
- 0.96 %
- 1.84 %
- 1.35 %
(1) Net investment loss per share represents net investment loss
divided by the daily average shares of beneficial interest outstanding during the period.
(2) Due to timing of capital share transactions, per share amounts
may not compare with amounts appearing elsewhere within these Financial Statements.
(3) Market values are determined at the close of the applicable
primary listing exchange, which may be later than when the Funds' net asset value is calculated.
(4) Percentages are not annualized for the period ended June 30,
2024 and June 30, 2023.
(5) Percentages are annualized.
(6) The expense ratio would be 1.69 % and 2.40 % respectively, for
the six months ended June 30, 2024, and 2.23 % and 2.13 % for the six months ended June 30, 2023 if brokerage commissions and futures and
futures account fees were excluded.
See accompanying notes to financial statements.
F- 30
NOTE 8 – RISK
Correlation and Compounding Risk
The Funds do not seek to achieve their stated
investment objective over a period of time greater than a single day (as measured from NAV calculation time to NAV calculation time).
The return of a Fund for a period longer than a single day is the result of its return for each day compounded over the period and usually
will differ in amount and possibly even direction from the inverse (-1x) or two times (2x) the return of the Fund’s benchmark for
the period. A Fund will lose money if its benchmark performance is flat over time, and it is possible for a Fund to lose money over time
even if the performance of its benchmark increases in the case of UVIX (or decreases in the case of SVIX), as a result of daily rebalancing,
the benchmark’s volatility, compounding, and other factors. Compounding is the cumulative effect of applying investment gains and
losses and income to the principal amount invested over time. Gains or losses experienced over a given period will increase or reduce
the principal amount invested from which the subsequent period’s returns are calculated. The effects of compounding will likely
cause the performance of a Fund to differ from the Fund’s stated multiple times the return of its benchmark for the same period.
The effect of compounding becomes more pronounced as benchmark volatility and holding period increase. The impact of compounding will
impact each shareholder differently depending on the period of time an investment in a Fund is held and the volatility of the benchmark
during the holding period of an investment in the Fund. Longer holding periods, higher benchmark volatility, inverse exposure and greater
leverage each affect the impact of compounding on a Fund’s returns. Daily compounding of a Fund’s investment returns can
dramatically and adversely affect its longer-term performance during periods of high volatility. Volatility may be at least as important
to a Fund’s return for a period as the return of the Fund’s underlying benchmark.
Each Fund uses leverage and should produce daily
returns that are more volatile than that of its benchmark. For example, the daily return of UVIX should be approximately two times as
volatile on a daily basis as is the return of a fund with an objective of matching the same benchmark. The daily return of SVIX is designed
to return the inverse (-1x) of the return that would be expected of a fund with an objective of matching the same benchmark. The
Funds are not appropriate for all investors and present significant risks not applicable to other types of funds. The Funds use
leverage and are riskier than similarly benchmarked exchange-traded funds that do not use leverage. An investor should only consider
an investment in a Fund if he or she understands the consequences of seeking daily leveraged or daily inverse investment results. Shareholders
who invest in the Funds should actively manage and monitor their investments, as frequently as daily.
While the Funds seek to meet their investment
objectives, there is no guarantee they will do so. Factors that may affect a Fund’s ability to meet its investment objective include:
(1) the Sponsor’s ability to purchase and sell Financial Instruments in a manner that correlates to a Fund’s objective; (2)
an imperfect correlation between the performance of Financial Instruments held by a Fund and the performance of the applicable benchmark;
(3) bid-ask spreads on such Financial Instruments; (4) fees, expenses, transaction costs, financing costs associated with the use of
Financial Instruments and commission costs; (5) holding or trading instruments in a market that has become illiquid or disrupted; (6)
a Fund’s Share prices being rounded to the nearest cent and/or valuation methodology; (7) changes to a benchmark Index that are
not disseminated in advance; (8) the need to conform a Fund’s portfolio holdings to comply with investment restrictions or policies
or regulatory or tax law requirements; (9) early and unanticipated closings of the markets on which the holdings of a Fund trade, resulting
in the inability of the Fund to execute intended portfolio transactions; (10) accounting standards; and (11) differences caused by a
Fund obtaining exposure to only a representative sample of the components of a benchmark, over weighting or under weighting certain components
of a benchmark or obtaining exposure to assets that are not included in a benchmark.
A number of factors may affect a Fund’s
ability to achieve a high degree of correlation with its benchmark, and there can be no guarantee that a Fund will achieve a high degree
of correlation. Failure to achieve a high degree of correlation may prevent a Fund from achieving its investment objective. In order
to achieve a high degree of correlation with their underlying benchmarks, the Funds seek to rebalance their portfolios daily to keep
exposure consistent with their investment objectives. Being materially under- or over-exposed to the benchmark may prevent such Funds
from achieving a high degree of correlation with such benchmark. Market disruptions or closure, large amounts of assets into or out of
the Funds, regulatory restrictions, extreme market volatility, and other factors will adversely affect such Funds’ ability to adjust
exposure to requisite levels. The target amount of portfolio exposure is impacted dynamically by the benchmarks’ movements during
each day. Other things being equal, more significant movement in the value of its benchmark up or down will require more significant
adjustments to a Fund’s portfolio. Because of this, it is unlikely that the Funds will be perfectly exposed (i.e., --1x, -2x, as
applicable) to its benchmark at the end of each day, and the likelihood of being materially under- or over-exposed is higher on days
when the benchmark levels are volatile near the close of the trading day.
F- 31
Each Fund seeks to rebalance its portfolio on
a daily basis. The time and manner in which a Fund rebalances its portfolio may vary from day to day depending upon market conditions
and other circumstances at the discretion of the Sponsor. Unlike other funds that do not rebalance their portfolios as frequently, each
Fund may be subject to increased trading costs associated with daily portfolio rebalancing in order to maintain appropriate exposure
to the underlying benchmarks.
Counterparty Risk
Each Fund may use derivatives such as swap agreements
and forward contracts (collectively referred to herein as “derivatives”) in the manner described herein as a means to achieve
their respective investment objectives. The use of derivatives by a Fund exposes the Fund to counterparty risks.
Regulatory Treatment
Derivatives are generally traded in OTC markets
and have only recently become subject to comprehensive regulation in the United States. Cash-settled forwards are generally regulated
as “swaps”, whereas physically settled forwards are generally not subject to regulation (in the case of commodities other
than currencies) or subject to the federal securities laws (in the case of securities). Title VII of the Dodd-Frank Act (“Title
VII”) created a regulatory regime for derivatives, with the CFTC responsible for the regulation of swaps and the SEC responsible
for the regulation of “security-based swaps.” The SEC requirements have largely yet to be made effective, but the CFTC requirements
are largely in place. The CFTC requirements have included rules for some of the types of transactions in which the Funds will engage,
including mandatory clearing and exchange trading, reporting, and margin for OTC swaps. Title VII also created new categories of regulated
market participants, such as “swap dealers,” “security-based swap dealers,” “major swap participants,”
and “major security-based swap participants” who are, or will be, subject to significant new capital, registration, recordkeeping,
reporting, disclosure, business conduct and other regulatory requirements. The regulatory requirements under Title VII continue to be
developed and there may be further modifications that could materially and adversely impact the Funds, the markets in which a Fund trades
and the counterparties with which the Fund engages in transactions.
As noted, the CFTC rules may not apply to all
of the swap agreements and forward contracts entered into by the Funds. Investors, therefore, may not receive the protection of CFTC
regulation or the statutory scheme of the Commodity Exchange Act (the “CEA”) in connection with each Fund’s swap agreements
or forward contracts. The lack of regulation in these markets could expose investors to significant losses under certain circumstances,
including in the event of trading abuses or financial failure by participants.
Counterparty Credit Risk
The Funds will be subject to the credit risk of
the counterparties to the derivatives. In the case of cleared derivatives, the Funds will have credit risk to the clearing corporation
in a similar manner as the Funds would for futures contracts. In the case of OTC derivatives, the Funds will be subject to the credit
risk of the counterparty to the transaction – typically a single bank or financial institution. As a result, a Fund is subject
to increased credit risk with respect to the amount it expects to receive from counterparties to OTC derivatives entered into as part
of that Fund’s principal investment strategy. If a counterparty becomes bankrupt or otherwise fails to perform its obligations
due to financial difficulties, a Fund could suffer significant losses on these contracts and the value of an investor’s investment
in a Fund may decline.
The Funds have sought to mitigate these risks
by generally requiring that the counterparties for each Fund agree to post collateral for the benefit of the Fund, marked to market daily,
subject to certain minimum thresholds. However, there are no limitations on the percentage of assets each Fund may invest in swap agreements
or forward contracts with a particular counterparty. To the extent any such collateral is insufficient or there are delays in accessing
the collateral, the Funds will be exposed to counterparty risk as described above, including possible delays in recovering amounts as
a result of bankruptcy proceedings. The Funds typically enter into transactions only with major global financial institutions.
F- 32
OTC derivatives of the type that may be utilized
by the Funds are generally less liquid than futures contracts because they are not traded on an exchange, do not have uniform terms and
conditions, and are generally entered into based upon the creditworthiness of the parties and the availability of credit support, such
as collateral, and in general, are not transferable without the consent of the counterparty. These agreements contain various conditions,
events of default, termination events, covenants and representations. The triggering of certain events or the default on certain terms
of the agreement could allow a party to terminate a transaction under the agreement and request immediate payment in an amount equal
to the net positions owed to the party under the agreement. For example, if the level of the Fund’s benchmark has a dramatic intraday
move that would cause a material decline in the Fund’s NAV, the terms of the swap may permit the counterparty to immediately close
out the transaction with the Fund. In that event, it may not be possible for the Fund to enter into another swap or to invest in other
Financial Instruments necessary to achieve the desired exposure consistent with the Fund’s objective. This, in turn, may prevent
the Fund from achieving its investment objective, particularly if the level of the Fund’s benchmark reverses all or part of its
intraday move by the end of the day.
In addition, cleared derivatives benefit from
daily marking-to-market and settlement, and segregation and minimum capital requirements applicable to intermediaries. To the extent
the Fund enters into cleared swap transactions, the Fund will deposit collateral with a FCM in cleared swaps customer accounts, which
are required by CFTC regulations to be separate from its proprietary collateral posted for cleared swaps transactions. Cleared swap customer
collateral is subject to regulations that closely parallel the regulations governing customer segregated funds for futures transactions
but provide certain additional protections to cleared swaps collateral in the event of a clearing broker or clearing broker customer
default. For example, in the event of a default of both the clearing broker and a customer of the clearing broker, a clearing house is
only permitted to access the cleared swaps collateral in the legally separate (but operationally comingled) account of the defaulting
cleared swap customer of the clearing broker, as opposed to the treatment of customer segregated funds, under which the clearing house
may access all of the commingled customer segregated funds of a defaulting clearing broker. Derivatives entered into directly between
two counterparties do not necessarily benefit from such protections, particularly if entered into with an entity that is not registered
as a “swap dealer” with the CFTC. This exposes the Funds to the risk that a counterparty will not settle a transaction in
accordance with its terms and conditions because of a dispute over the terms of the contract (whether or not bona fide) or because of
a credit or liquidity problem, thus causing the Funds to suffer a loss.
The Sponsor regularly reviews the performance
of its counterparties for, among other things, creditworthiness and execution quality. In addition, the Sponsor periodically considers
the addition of new counterparties and the counterparties used by a Fund may change at any time. Each day, the Funds disclose their portfolio
holdings as of the prior Business Day. Each Fund’s portfolio holdings identifies its counterparties, as applicable. This portfolio
holdings information may be accessed through the web on the Sponsor’s website at www.volatilityshares.com.
Each counterparty and/or any of its affiliates
may be an Authorized Participant or shareholder of a Fund, subject to applicable law.
The counterparty risk for cleared derivatives
transactions is generally lower than for OTC derivatives. Once a transaction is cleared, the clearing organization is substituted and
is a Fund’s counterparty on the derivative. The clearing organization guarantees the performance of the other side of the derivative.
Nevertheless, some risk remains, as there is no assurance that the clearing organization, or its members, will satisfy its obligations
to a Fund.
Leverage Risk
The Funds may utilize leverage in seeking to achieve
their respective investment objectives and will lose more money in market environments adverse to their respective daily investment objectives
than funds that do not employ leverage. The use of leveraged and/or inverse leveraged positions increases the risk of total loss of an
investor’s investment, even over periods as short as a single day.
For example, because UVIX includes a two times
(2x) multiplier, a single-day movement in the relevant benchmark approaching 50 % at any point in the day could result in the total loss
or almost total loss of an investor’s investment if that movement is contrary to the investment objective of the Fund in which
an investor has invested, even if such Fund’s benchmark subsequently moves in an opposite direction, eliminating all or a portion
of the movement. This would be the case with downward single-day or intraday movements in the underlying benchmark of a Fund or upward
single-day or intraday movements in the benchmark of a Fund, even if the underlying benchmark maintains a level greater than zero at
all times.
F- 33
Liquidity Risk
Financial Instruments cannot always be liquidated
at the desired price. It is difficult to execute a trade at a specific price when there is a relatively small volume of buy and sell orders
in a market. A market disruption can also make it difficult to liquidate a position or find a swap or forward contract counterparty at
a reasonable cost. Market illiquidity may cause losses for the Funds. The large size of the positions which the Funds may acquire increases
the risk of illiquidity by both making their positions more difficult to liquidate and increasing the losses incurred while trying to
do so. Any type of disruption or illiquidity will potentially be exacerbated due to the fact that the Funds will typically invest in Financial
Instruments related to one benchmark, which in many cases is highly concentrated.
“Contango” and “Backwardation” Risk
The Funds typically hold futures contracts. As
the futures contracts near expiration, they are generally replaced by contracts that have a later expiration. Thus, for example, a contract
purchased and held in November 2019 may specify a January 2020 expiration. As that contract nears expiration, it may be replaced by selling
the January 2020 contract and purchasing the contract expiring in March 2020. This process is referred to as “rolling.” Rolling
may have a positive or negative impact on performance. For example, historically, the prices of certain types of futures contracts have
frequently been higher for contracts with shorter-term expirations than for contracts with longer-term expirations, which is referred
to as “backwardation.” In these circumstances, absent other factors, the sale of the January 2020 contract would take place
at a price that is higher than the price at which the March 2020 contract is purchased, thereby creating a gain in connection with rolling.
While certain types of futures contracts have historically exhibited consistent periods of backwardation, backwardation will likely not
exist in these markets at all times.
Since the introduction of VIX futures contracts,
there have frequently been periods where VIX futures prices reflect higher expected volatility levels further out in time. This can result
in a loss from “rolling” the VIX futures to maintain the constant weighted average maturity of the applicable Fund benchmark.
Losses from exchanging a lower priced VIX future for a higher priced longer-term future in the rolling process could adversely affect
the value of a Fund and, accordingly, decrease the return of a Fund.
Natural Disaster/Epidemic Risk
Natural or environmental disasters, such as earthquakes,
fires, floods, hurricanes, tsunamis and other severe weather-related phenomena generally, and widespread disease, including pandemics
and epidemics (for example, the novel coronavirus COVID-19), have been and can be highly disruptive to economies and markets and have
recently led, and may continue to lead, to increased market volatility and significant market losses. Such natural disaster and health
crises could exacerbate political, social, and economic risks previously mentioned, and result in significant breakdowns, delays, shutdowns,
social isolation, and other disruptions to important global, local and regional supply chains affected, with potential corresponding results
on the operating performance of the Funds and their investments. A climate of uncertainty and panic, including the contagion of infectious
viruses or diseases, may adversely affect global, regional, and local economies and reduce the availability of potential investment opportunities,
and increases the difficulty of performing due diligence and modeling market conditions, potentially reducing the accuracy of financial
projections. Under these circumstances, the Funds may have difficulty achieving their investment objectives which may adversely impact
performance. Further, such events can be highly disruptive to economies and markets, significantly disrupt the operations of individual
companies (including, but not limited to, the Funds’ Sponsor and third party service providers), sectors, industries, markets, securities
and commodity exchanges, currencies, interest and inflation rates, credit ratings, investor sentiment, and other factors affecting the
value of the Funds’ investments. These factors can cause substantial market volatility, exchange trading suspensions and closures
and can impact the ability of the Funds to complete redemptions and otherwise affect Fund performance and Fund trading in the secondary
market. A widespread crisis may also affect the global economy in ways that cannot necessarily be foreseen at the current time. How long
such events will last and whether they will continue or recur cannot be predicted. Impacts from these events could have significant impact
on a Fund’s performance, resulting in losses to your investment.
Risk that Current Assumptions and Expectations Could Become Outdated
As a Result of Global Economic Shocks
The onset of the novel coronavirus (COVID-19) has
caused significant shocks to global financial markets and economies, with many governments taking extreme actions to slow and contain
the spread of COVID-19. These actions have had, and likely will continue to have, a severe economic impact on global economies as economic
activity in some instances has essentially ceased. Financial markets across the globe are experiencing severe distress at least equal
to what was experienced during the global financial crisis in 2008. In March 2020, U.S. equity markets entered a bear market in the fastest
such move in the history of U.S. financial markets. Contemporaneous with the onset of the COVID-19 pandemic in the US, oil experienced
shocks to supply and demand, impacting the price and volatility of oil. The global economic shocks being experienced as of the date hereof
may cause the underlying assumptions and expectations of the Funds to become outdated quickly or inaccurate, resulting in significant
losses.
NOTE 9 – SUBSEQUENT EVENTS
In preparing these financial statements, management
has evaluated Fund related events and transactions for potential recognition or disclosure through the date the financial statements were
issued. There were no other events or translations that occurred during the year that materially impacted the amounts or disclosures in
the Funds’ financial statements.
F- 34
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.