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
September 30,
2024
(Unaudited)
September
30,
2024
(Unaudited)
December
31,
2023
December
31,
2023
ASSETS
Cash
$ -
$ -
$ 5,032,398
$ -
Investments
in securities, at value *
141,574,165
61,137,595
14,917,099
8,009,153
Interest
receivable
734,901
181,297
117,866
58,172
Prepaid
expenses and other assets
18,566
47,299
16,781
31,493
Deposits
at Broker for Futures and Options Contracts
175,083,863
112,415,389
115,003,174
61,750,311
Variation
margin receivable
5,608,945
-
-
148,593
Other
receivable
1,380
-
2,839
-
Total
Assets
323,021,820
173,781,580
135,090,157
69,997,722
LIABILITIES
Payables
Variation
margin payable
$ -
$ 6,246,194
$ 204,703
$ -
Due
to Other
-
955
Fund
shares redeemed
4,600,608
-
9,447,400
-
Payable
to Sponsor
398,712
184,564
147,790
106,270
Administrative,
accounting and custodian fees payable
61,073
44,611
28,065
25,429
Professional
fees payable
244,274
238,353
154,412
133,724
Licensing
and registration fees payable
52,394
69,049
50,368
67,303
Total
Liabilities
5,357,061
6,783,726
10,032,738
332,726
NET
ASSETS
$ 317,664,759
$ 166,997,854
$ 125,057,419
$ 69,664,996
NET
ASSETS CONSIST OF:
Paid-in
capital
$ 176,375,307
$ 583,715,784
$ 4,558,124
$ 424,281,739
Total
distributable earnings (accumulated deficit)
141,289,452
( 416,717,930 )
120,499,295
( 354,616,743 )
Net
Assets
$ 317,664,759
$ 166,997,854
$ 125,057,419
$ 69,664,996
Net
Asset Value (unlimited shares authorized):
Class
I (unlimited shares authorized):
Net
Assets
$ 317,664,759
$ 166,997,854
$ 125,057,419
$ 69,664,996
Shares
Outstanding^
11,740,000
35,284,975
3,310,000
5,074,975
Net
Asset Value, Offering and Redemption Price per Share
$ 27.06
$ 4.73
$ 37.78
$ 13.73
Market
Value per Share (Note 2)
$ 27.07
$ 4.72
$ 37.73
$ 13.73
*Investments
in securities, at cost
$ 141,702,660
$ 61,137,595
$ 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 September 30, 2024 and September 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
September
30,
2024
September
30,
2024
September
30,
2023
September
30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INVESTMENT
INCOME
Income:
Interest
income
$ 1,893,485
$ 407,680
$ 86,183
$ 257,541
Total
Income
1,893,485
407,680
86,183
257,541
Expenses:
Management
fees
1,134,109
416,604
293,542
365,111
Administrative,
accounting and custodian fees
38,836
23,860
27,917
28,148
Professional
fees
76,233
94,517
81,552
81,188
Licensing
and registration fees
( 10,647 )
3,883
7,688
13,740
Other
1,006
1,006
-
-
Broker
interest expense
47,307
-
-
-
Total
Expenses
1,286,844
539,870
410,699
488,187
Net
Investment Income (Loss)
606,641
( 132,190 )
( 324,516 )
( 230,646 )
REALIZED
AND UNREALIZED GAIN (LOSS) ON INVESTMENTS AND FUTURES CONTRACTS
Net
realized gain (loss) on:
Options
266,733
-
-
-
Futures
( 28,508,230 )
( 7,095,465 )
15,738,591
( 42,049,000 )
Net
change in unrealized appreciation (depreciation) of:
Options
10,502
-
-
-
Futures
( 3,125,307 )
1,135,620
( 12,928,171 )
30,931,703
Net
realized and unrealized gain (loss) on investments and futures contracts
( 31,356,302 )
( 5,959,845 )
2,810,420
( 11,117,297 )
NET
INCREASE (DECREASE) IN NET ASSETS RESULTING FROM OPERATIONS
$ ( 30,749,661 )
$ ( 6,092,035 )
$ 2,485,904
$ ( 11,347,943 )
See
accompanying notes to the financial statements.
F- 2
VS
Trust
Statements
of Operations
For
the Nine Months Ended September 30, 2024 and September 30, 2023 (Unaudited)
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
September
30,
2024
September
30,
2024
September
30,
2023
September
30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INVESTMENT
INCOME
Income:
Interest
income
$ 3,021,857
$ 923,605
$ 207,714
$ 691,812
Total
Income
3,021,857
923,605
207,714
691,812
Expenses:
Management
fees
2,128,614
1,009,549
688,455
1,284,769
Administrative,
accounting and custodian fees
104,264
90,242
74,725
90,847
Professional
fees
224,725
286,499
240,644
242,137
Licensing
and registration fees
23,011
11,836
57,822
58,561
Other
2,973
2,973
-
-
Broker
interest expense
47,307
-
8,613
320
Total
Expenses
2,530,894
1,401,099
1,070,259
1,676,634
Net
Investment Income (Loss)
490,963
( 477,494 )
( 862,545 )
( 984,822 )
REALIZED
AND UNREALIZED GAIN (LOSS) ON INVESTMENTS AND FUTURES CONTRACTS
Net
realized gain (loss) on:
Options
( 6,489,708 )
-
-
-
Futures
33,764,723
( 67,353,025 )
58,190,096
( 228,151,397 )
Net
change in unrealized appreciation (depreciation) of:
Options
682,838
-
-
-
Futures
( 7,658,659 )
5,729,332
( 7,565,698 )
20,344,189
Net
realized and unrealized gain (loss) on investments and futures contracts
20,299,194
( 61,623,693 )
50,624,398
( 207,807,208 )
NET
INCREASE (DECREASE) IN NET ASSETS RESULTING FROM OPERATIONS
$ 20,790,157
$ ( 62,101,187 )
$ 49,761,853
$ ( 208,792,030 )
See
accompanying notes to the financial statements.
F- 3
VS
Trust
Statements
of Changes in Net Assets
For
the Three Months Ended September 30, 2024 and September 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
September
30,
2024
September
30,
2024
September
30,
2023
September
30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INCREASE
(DECREASE) IN NET ASSETS:
OPERATIONS
Net
investment Income (Loss)
$ 606,641
$ ( 132,190 )
$ ( 324,516 )
$ ( 230,646 )
Net
realized gain (loss) on investments and futures contracts
( 28,241,497 )
( 7,095,465 )
15,738,591
( 42,049,000 )
Net
change in unrealized appreciation (depreciation) of investments and futures contracts
( 3,114,805 )
1,135,620
( 12,928,171 )
30,931,703
Net
increase (decrease) in net assets resulting from operations
( 30,749,661 )
( 6,092,035 )
2,485,904
( 11,347,943 )
CAPITAL
SHARE TRANSACTIONS
Shares
sold
546,031,939
232,642,352
68,508,308
91,271,140
Shares
redeemed
( 384,300,594 )
( 141,934,673 )
( 32,840,529 )
( 77,058,854 )
Net
increase (decrease) in net assets from capital share transactions
161,731,345
90,707,679
35,667,779
14,212,286
Total
increase (decrease) in net assets
130,981,684
84,615,644
38,153,683
2,864,343
NET
ASSETS
Beginning
of Period
186,683,075
82,382,210
72,302,413
85,338,802
End
of Period
$ 317,664,759
$ 166,997,854
$ 110,456,096
$ 88,203,145
See
accompanying notes to the financial statements.
F- 4
VS
Trust
Statements
of Changes in Net Assets
For
the Nine Months Ended September 30, 2024 and September 30, 2023 (Unaudited)
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
September
30,
2024
September
30,
2024
September
30,
2023
September
30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
INCREASE
(DECREASE) IN NET ASSETS:
OPERATIONS
Net
investment Income (Loss)
$ 490,963
$ ( 477,494 )
$ ( 862,545 )
$ ( 984,822 )
Net
realized gain (loss) on investments and futures contracts
27,275,015
( 67,353,025 )
58,190,096
( 228,151,397 )
Net
change in unrealized appreciation (depreciation) of investments and futures contracts
( 6,975,821 )
5,729,332
( 7,565,698 )
20,344,189
Net
increase (decrease) in net assets resulting from operations
20,790,157
( 62,101,187 )
49,761,853
( 208,792,030 )
CAPITAL
SHARE TRANSACTIONS
Shares
sold
739,964,471
392,181,688
187,008,767
369,331,697
Shares
redeemed
( 568,147,288 )
( 232,747,643 )
( 172,693,127 )
( 197,825,288 )
Net
increase (decrease) in net assets from capital share transactions
171,817,183
159,434,045
14,315,640
171,506,409
Total
increase (decrease) in net assets
192,607,340
97,332,858
64,077,493
( 37,285,621 )
NET
ASSETS
Beginning
of Period
125,057,419
69,664,996
46,378,603
125,488,766
End
of Period
$ 317,664,759
$ 166,997,854
$ 110,456,096
$ 88,203,145
See
accompanying notes to the financial statements.
F- 5
VS
Trust
Statements
of Cash Flows
For
the Three Months Ended September 30, 2024 and September 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
September 30,
2024
September 30,
2024
September 30,
2023
September 30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
CASH
FLOW FROM OPERATING ACTIVITIES
Net
increase (decrease) in net assets resulting from operations
$ ( 30,749,661 )
$ ( 6,092,035 )
$ 2,485,904
$ ( 11,347,943 )
Adjustments
to reconcile net income (loss) to net cash provided by (used in) operating activities
Purchase
of investments
( 527,230,306 )
( 233,003,884 )
( 113,633,779 )
( 133,007,714 )
Proceeds
from sales or maturities of investments held
435,686,729
190,093,887
105,960,099
118,168,760
Net
realized gain/loss on investments in options
( 266,733 )
-
-
-
Net
change in unrealized appreciation/depreciation on investments in options
( 10,502 )
-
-
-
Decrease
(Increase) in Deposits at broker for futures and options contracts
( 37,391,280 )
( 49,286,294 )
( 35,708,583 )
28,009,343
Decrease
(Increase) in Variation margin receivable
( 5,608,945 )
1,361,220
1,242,108
( 1,945,302 )
Decrease
(Increase) in Prepaid expenses and other assets
1,668
( 29,584 )
9,391
( 16,431 )
Decrease
(Increase) in interest receivable
( 493,907 )
( 90,455 )
( 26,812 )
( 47,053 )
Decrease
(Increase) in other receivables
( 630 )
-
253
( 1,521 )
Increase
(Decrease) in Due to Custodian
-
-
( 1,023,713 )
( 2,874,781 )
Increase
(Decrease) in Due to Other
-
34
-
6
Increase
(Decrease) in Variation margin payable
( 1,682,338 )
6,246,194
1,327,607
( 3,406,049 )
Increase
(Decrease) in Payable to Sponsor
191,857
80,693
41,257
( 13,210 )
Increase
(Decrease) in Administrative, accounting and custodian fees payable
22,120
12,299
3,262
7,567
Increase
(Decrease) in Professional fees payable
27,541
( 3,638 )
34,701
33,913
Increase
(Decrease) in Licensing and registration fees payable
1,658
3,884
10,872
14,275
Net
cash provided by (used in) operating activities
( 167,502,729 )
( 90,707,679 )
( 39,277,433 )
( 6,426,140 )
CASH
FLOW FROM FINANCING ACTIVITIES
Proceeds
from shares sold, net of receivable for shares sold
546,031,939
232,642,352
72,117,962
85,350,046
Cost
of shares redeemed, net of payable for shares purchased
( 379,699,986 )
( 141,934,673 )
( 32,840,529 )
( 78,923,906 )
Net
cash provided by (used in) financing activities
166,331,953
90,707,679
39,277,433
6,426,140
NET
DECREASE IN CASH
( 1,170,776 )
-
-
-
Beginning
of Period
1,170,776
-
-
-
End
of Period
$ -
$ -
$ -
$ -
See
accompanying notes to the financial statements.
F- 6
VS
Trust
Statements
of Cash Flows
For
the Nine Months Ended September 30, 2024 and September 30, 2023 (Unaudited)
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
-1x
Short VIX Futures ETF
2x
Long VIX Futures ETF
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
Nine
Months Ended
September
30,
2024
September
30,
2024
September
30,
2023
September
30,
2023
(Unaudited)
(Unaudited)
(Unaudited)
(Unaudited)
CASH
FLOW FROM OPERATING ACTIVITIES
Net
increase (decrease) in net assets resulting from operations
$ 20,790,157
$ ( 62,101,187 )
$ 49,761,853
$ ( 208,792,030 )
Adjustments
to reconcile net income (loss) to net cash provided by (used in) operating activities
Purchase
of investments
( 872,724,542 )
( 404,905,328 )
( 340,725,312 )
( 442,361,238 )
Proceeds
from sales or maturities of investments held
740,260,607
351,776,886
333,051,632
426,255,022
Net
realized gain/loss on investments in options
6,489,708
-
-
-
Net
change in unrealized appreciation/depreciation on investments in options
( 682,838 )
-
-
-
Decrease
(Increase) in Deposits at broker for futures and options contracts
( 60,080,689 )
( 50,665,078 )
( 56,267,842 )
59,527,835
Decrease
(Increase) in Variation margin receivable
( 5,608,945 )
148,593
-
( 1,114,462 )
Decrease
(Increase) in Prepaid expenses and other assets
( 1,785 )
( 15,806 )
( 14,694 )
( 26,532 )
Decrease
(Increase) in interest receivable
( 617,035 )
( 123,125 )
( 27,106 )
( 61,922 )
Decrease
(Increase) in other receivables
1,459
-
571
( 1,502 )
Increase
(Decrease) in Due to Custodian
-
-
-
6
Increase
(Decrease) in Due to Other
-
955
-
-
Increase
(Decrease) in Variation margin payable
( 204,703 )
6,246,194
1,140,577
-
Increase
(Decrease) in Payable to Sponsor
250,922
78,294
57,503
( 51,198 )
Increase
(Decrease) in Administrative, accounting and custodian fees payable
33,008
19,182
2,099
5,707
Increase
(Decrease) in Professional fees payable
89,862
104,629
78,459
76,534
Increase
(Decrease) in Licensing and registration fees payable
2,026
1,746
25,038
42,143
Net
cash provided by (used in) operating activities
( 172,002,788 )
( 159,434,045 )
( 12,917,222 )
( 166,501,637 )
CASH
FLOW FROM FINANCING ACTIVITIES
Proceeds
from shares sold, net of receivable from shares sold
739,964,470
392,181,688
187,008,767
364,326,925
Cost
of shares redeemed, net of payable from shares purchased
( 572,994,080 )
( 232,747,643 )
( 174,596,145 )
( 197,825,288 )
Net
cash provided by (used in) financing activities
166,970,390
159,434,045
12,412,622
166,501,637
NET
DECREASE IN CASH
( 5,032,398 )
-
( 504,600 )
-
Beginning
of Period
5,032,398
-
504,600
-
End
of Period
$ -
$ -
$ -
$ -
See
accompanying notes to the financial statements.
F- 7
-1x
Short VIX Futures ETF
Schedule
of Investments
as
of September 30, 2024 (Unaudited)
PURCHASED OPTIONS - 0.6% (a)(b) Notional Amount Contracts Value
Call Options - 0.6%
CBOE Volatility Index, Expiration: 11/20/2024 ; Exercise Price: $ 28.00 $ 26,768,000 16,000 $ 1,744,000
TOTAL PURCHASED OPTIONS (Cost $ 1,872,495 ) 1,744,000
Shares
SHORT-TERM
INVESTMENTS - 44.0%
Money
Market Funds - 44.0%
First American Government Obligations Fund - 4.82 % (c)
139,830,165
139,830,165
TOTAL SHORT-TERM INVESTMENTS (Cost $ 139,830,165 )
139,830,165
TOTAL INVESTMENTS - 44.6 % (Cost $ 141,702,660 )
141,574,165
Other Assets in Excess of Liabilities - 55.4 % (d)
176,090,594
TOTAL NET ASSETS - 100.0 %
$ 317,664,759
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 annualized effective yield as of September 30, 2024.
(d) 175,083,863 of cash is pledged as collateral for futures and options contracts.
See
accompanying notes to the financial statements.
F- 8
-1x
Short VIX Futures ETF
Schedule
of Open Futures Contracts
as
of September 30, 2024 (Unaudited)
Description Contracts
Sold Expiration
Date Notional
Value Value/
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index ( 9,419 ) 10/16/2024 $ 177,830,720 $ 905,358
CBOE Volatility Index ( 7,707 ) 11/20/2024 139,804,980 ( 1,915,106 )
Total Unrealized Appreciation (Depreciation) $ ( 1,009,748 )
See
accompanying notes to the 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 the 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 the financial statements.
F- 11
2x
Long VIX Futures ETF
Schedule
of Investments
as
of September 30, 2024 (Unaudited)
Shares
SHORT-TERM
INVESTMENTS - 36.6%
Money
Market Funds - 36.6%
First American Government Obligations Fund - 4.82 % (a)
61,137,595
$ 61,137,595
TOTAL SHORT-TERM INVESTMENTS (Cost $ 61,137,595 )
61,137,595
TOTAL INVESTMENTS - 36.6 % (Cost $ 61,137,595 )
61,137,595
Other Assets in Excess of Liabilities - 63.4 % (b)
105,860,259
TOTAL NET ASSETS - 100.0 %
$ 166,997,854
Percentages
are stated as a percent of net assets.
(a) The rate shown represents the 7-day annualized effective yield as of September 30, 2024.
(b) 112,415,389 of cash is pledged as collateral for futures contracts.
See
accompanying notes to the financial statements.
F- 12
2x Long VIX Futures
ETF
Schedule of Open
Futures Contracts
as of September
30, 2024 (Unaudited)
Description Contracts
Purchased Expiration
Date Notional
Value Value /
Unrealized
Appreciation
(Depreciation)
CBOE Volatility Index 9,907 10/16/2024 $ 187,044,160 $ ( 3,541,691 )
CBOE Volatility Index 8,106 11/20/2024 147,042,840 1,093,405
Total Unrealized Appreciation (Depreciation) $ ( 2,448,286 )
See accompanying notes to the 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 the 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 the financial statements.
F- 15
VS Trust
NOTES TO FINANCIAL
STATEMENTS
September 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 September 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.
F- 16
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.
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 September 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 September 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. September 30, 2024
2x Long VIX Futures ETF 2:00 p.m. 4:00 p.m. September 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 September 30, 2024.
F- 17
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
September 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.
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.
F- 18
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 September 30, 2024 (Unaudited) and December 31, 2023 using the fair value hierarchy:
September 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
Assets
Investments
Purchased Options*
$ 1,744,000
$ -
$ –
$ 1,744,000
$ 360,000
$ –
$ –
$ 360,000
Short-Term Investment
139,830,165
-
-
139,830,165
14,557,099
-
-
14,557,099
Total Investments
$ 141,574,165
$ -
$ -
$ 141,574,165
$ 14,917,099
$ -
$ -
$ 14,917,099
Other Financial Instruments*
Short Futures Contracts
$ –
$ 905,358
$ –
$ 905,358
$ –
$ 7,980,684
$ –
$ 7,980,684
Total Other Financial Instruments
$ –
$ 905,358
$ -
$ 905,358
$ –
$ 7,980,684
$ -
$ 7,980,684
Liabilities
Other Financial Instruments*
Short Futures Contracts
$ –
$ ( 1,915,106 )
$ –
$ ( 1,915,106 )
$ –
$ –
$ –
$ –
Total Other Financial Instruments
$ –
$ ( 1,915,106 )
$ -
$ ( 1,915,106 )
$ -
$ –
$ -
$ –
2x Long VIX Futures ETF
Level1
Level2
Level3
Total
Level1
Level2
Level3
Total
Assets
Investments
Short-Term Investments
$ 61,137,595
$ -
$ -
$ 61,137,595
$ 8,009,153
$ -
$ -
$ 8,009,153
Total Investments
$ 61,137,595
$ -
$ -
$ 61,137,595
$ 8,009,153
$ -
$ -
$ 8,009,153
Other Financial Instruments*
Long Futures Contracts
$ –
$ 1,093,405
$ –
$ 1,093,405
$ –
$ –
$ –
$ –
Total Other Financial Instruments
$ –
$ 1,093,405
$ -
$ 1,093,405
$ –
$ -
$ -
$ -
Liabilities
.
Other Financial Instruments*
Long Futures Contracts
$ -
$ ( 3,541,691 )
$ -
$ ( 3,541,691 )
$ -
$ ( 8,177,618 )
$ -
$ ( 8,177,618 )
Total Other Financial Instruments
$ -
$ ( 3,541,691 )
$ -
$ ( 3,541,691 )
$ -
$ ( 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- 19
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- 20
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- 21
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.
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.
F- 22
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 September 30, 2024 (Unaudited)
and December 31, 2023:
Statements of
Assets and Fair Value Statements of
Assets and Fair Value
Liabilities As of September 30, 2024 (Unaudited) Liabilities As of December 31, 2023
-1x Short VIX Futures ETF Location Assets Liabilities Location Assets Liabilities
Purchased Option Contracts:
Index Investments, at value $ 1,744,000 $ -
Investments, at value $ 360,000 $ -
Short Futures Contracts:
Index Unrealized Appreciation
(Depreciation)* 905,358 ( 1,915,106 ) Unrealized Appreciation* 7,980,684 -
Total fair values of
derivative instruments $ 2,649,358 $ ( 1,915,106 ) $ 8,340,684 $ -
2x Long VIX Futures ETF Assets Liabilities Assets Liabilities
Long Futures Contracts:
Index Unrealized Appreciation
(Depreciation)* $ 1,093,405 $ ( 3,541,691 ) Unrealized Appreciation
(Depreciation)* $ -
$ ( 8,177,618 )
Total fair values of
derivative instruments $ 1,093,405 $ ( 3,541,691 ) $ -
$ ( 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- 23
Statements of Operations
The effect of derivative instruments on the Statement of Operations
for the three months ended September 30, 2024 (Unaudited) and September 30, 2023 (Unaudited):
Net Realized Gain (Loss) on Derivatives
Net Realized Gain (Loss) on Derivatives
For the three months ended
September 30, 2024 (Unaudited)
For the three months ended
September 30, 2023 (Unaudited)
Purchased
Short
Purchased
Short
-1x Short VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ 266,733
$ ( 28,508,230 )
$ ( 28,241,497 )
$ -
$ 15,738,591
$ 15,738,591
Total
$ 266,733
$ ( 28,508,230 )
$ ( 28,241,497 )
$ -
$ 15,738,591
$ 15,738,591
Purchased
Long
Purchased
Long
2x Long VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ -
$ ( 7,095,465 )
$ ( 7,095,465 )
$ -
$ ( 42,049,000 )
$ ( 42,049,000 )
Total
$ -
$ ( 7,095,465 )
$ ( 7,095,465 )
$ -
$ ( 42,049,000 )
$ ( 42,049,000 )
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
For the three months ended September 30, 2024 (Unaudited)
For the three months ended September 30, 2023 (Unaudited)
Purchased
Short
Purchased
Short
-1x Short VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ 10,502
$ ( 3,125,307 )
$ ( 3,114,805 )
$ -
$ ( 12,928,171 )
$ ( 12,928,171 )
Total
$ 10,502
$ ( 3,125,307 )
$ ( 3,114,805 )
$ -
$ ( 12,928,171 )
$ ( 12,928,171 )
Purchased
Long
Purchased
Long
2x Long VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ -
$ 1,135,620
$ 1,135,620
$ -
$ 30,931,703
$ 30,931,703
Total
$ -
$ 1,135,620
$ 1,135,620
$ -
$ 30,931,703
$ 30,931,703
The following table indicates the average volume when in use for the
quarter ended September 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 249,472,430
Average notional value of short futures contracts
( 252,076,760 )
-
The following table indicates the average volume when in use for the
quarter ended September 30, 2023 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
173,496,930
Average notional value of short futures contracts
$ ( 90,003,865 )
-
The following table indicates the average volume when in use for the
quarter ended September 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of purchased options contracts
$ 54,255,000
$ -
There were no transactions in purchased option contracts during the
quarter ended September 30, 2023.
F- 24
The effect of derivative instruments on the Statement of Operations
for the nine months ended September 30, 2024 (Unaudited) and September 30, 2023 (Unaudited):
Net Realized Gain (Loss) on Derivatives
Net Realized Gain (Loss) on Derivatives
For the nine months ended September 30, 2024
(Unaudited)
For the nine months ended September 30, 2023
(Unaudited)
Purchased
Short
Purchased
Short
-1x Short VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ ( 6,489,708 )
$ 33,764,723
$ 27,275,015
$ -
$ 58,190,096
$ 58,190,096
Total
$ ( 6,489,708 )
$ 33,764,723
$ 27,275,015
$ -
$ 58,190,096
$ 58,190,096
Purchased
Long
Purchased
Long
2x Long VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts*
Contracts
Total
Contracts*
Contracts
Total
Index Contracts
$ -
$ ( 67,353,025 )
$ ( 67,353,025 )
$ -
$ ( 228,151,397 )
$ ( 228,151,397 )
Total
$ -
$ ( 67,353,025 )
$ ( 67,353,025 )
$ -
$ ( 228,151,397 )
$ ( 228,151,397 )
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
Net Change in Unrealized Appreciation (Depreciation) on Derivatives
For the nine months ended September 30, 2024 (Unaudited)
For the nine months ended September 30, 2023 (Unaudited)
Purchased
Short
Purchased
Short
-1x Short VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ 682,838
$ ( 7,658,659 )
$ ( 6,975,821 )
$ -
$ ( 7,565,698 )
$ ( 7,565,698 )
Total
$ 682,838
$ ( 7,658,659 )
$ ( 6,975,821 )
$ -
$ ( 7,565,698 )
$ ( 7,565,698 )
Purchased
Long
Purchased
Long
2x Long VIX Futures ETF
Option
Futures
Option
Futures
Derivatives
Contracts**
Contracts
Total
Contracts**
Contracts
Total
Index Contracts
$ -
$ 5,729,332
$ 5,729,332
$ -
$ 20,344,189
$ 20,344,189
Total
$ -
$ 5,729,332
$ 5,729,332
$ -
$ 20,344,189
$ 20,344,189
*
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.
F- 25
The following table indicates the average volume when in use for the
nine months ended September 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 198,579,725
Average notional value of short futures contracts
( 180,167,953 )
-
The following table indicates the average volume when in use for the
nine months ended September 30, 2023 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of long futures contracts
$ -
$ 203,069,330
Average notional value of short futures contracts
( 75,262,285 )
-
The following table indicates the average volume when in use for the
nine months ended September 30, 2024 (Unaudited):
-1x Short VIX
Futures ETF
2x Long VIX
Futures ETF
Average notional value of purchased options contracts
$ 45,226,660
$ -
There were no transactions in purchased option contracts during the
nine months ended September 30, 2023.
F- 26
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 September 30, 2024 and December 31,
2023.
Fair Values of Derivative Instruments as of September 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
$ 5,608,945
$ -
$ 5,608,945
$ -
$ -
$ -
2x Long VIX Futures ETF
-
-
-
6,246,194
-
6,246,194
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 September 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- 27
Gross Amounts Not Offset in the Statements of Financial Condition as of September 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
$ 5,608,945
$ -
$ -
$ 5,608,945
2x Long VIX Futures ETF
( 6,246,194 )
-
-
( 6,246,194 )
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- 28
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.
Prior to September 16, 2024, Penserra Capital Management
LLC (the “Penserra”) served as the Funds’ commodity sub-adviser. During the period in which Penserra served as the commodity
sub-adviser, the Sponsor oversaw and paid Penserra for its services as commodity sub-adviser, based on each Fund’s average daily
net assets (total assets of the Fund, minus the sum of its accrued liabilities). The Funds did not directly pay Penserra.
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- 29
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.
Transaction Fees for the three months ended September
30, 2024 (Unaudited) and September 30, 2023 (Unaudited) were as follows:
Fund
Three Months
Ended
September 30,
2024
(Unaudited)
Three Months
Ended
September 30,
2023 (Unaudited)
-1x Short VIX Futures ETF
$ 279,016
$ 30,296
2x Long VIX Futures ETF
112,304
50,484
$ 391,320
$ 80,880
F- 30
Fund
Nine Months
Ended
September 30,
2024
(Unaudited)
Nine Months
Ended
September 30,
2023
(Unaudited)
-1x Short VIX Futures ETF
$ 392,316
$ 107,878
2x Long VIX Futures ETF
187,387
170,097
$ 579,703
$ 277,975
NOTE 7 – FINANCIAL HIGHLIGHTS
Selected data is for a Share outstanding throughout
the three months ended September 30, 2024 (Unaudited) and September 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
September 30,
2024
(Unaudited)
September 30,
2024
(Unaudited)
September 30,
2023
(Unaudited)
September 30,
2023
(Unaudited)
Net Asset Value, Beginning of Period
$ 47.75
$ 5.52
$ 28.13
$ 4.44
Net
investment Income (Loss) (1)
0.06
( 0.01 )
( 0.11 )
( 0.01 )
Net Realized and Unrealized Gain (Loss) on Investments and Futures Contracts (2)
( 20.75 )
( 0.78 )
0.01
( 0.96 )
Net Increase (Decrease) in Net Asset Value Resulting from Operations
( 20.69 )
( 0.79 )
( 0.10 )
( 0.97 )
Net Asset Value, End of Period
$ 27.06
$ 4.73
$ 28.03
$ 3.47
Market Value Per Share (3)
$ 27.07
$ 4.72
$ 27.88
$ 3.49
Total Return at Net Asset Value (4)
- 43.33 %
- 14.31 %
- 0.36 %
- 21.85 %
Total Return at Market Value (4)
- 43.21 %
- 15.71 %
- 0.68 %
- 21.75 %
Ratios to Average Net Assets: (5)
Expense ratio (6)
1.53 %
2.14 %
1.89 %
2.21 %
Net Investment Income (Loss)
0.72 %
- 0.52 %
- 1.49 %
- 1.04 %
(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 September 30, 2024 and September 30, 2023.
(5)
Percentages are annualized.
(6) The expense ratio would be 1.48 % and 2.14 % respectively, for the three months ended September 30, 2024, and 1.89 % and 2.21 % for the three months ended September 30, 2023 if brokerage commissions and futures and futures account fees were excluded.
See accompanying notes to financial statements.
F- 31
Selected data is for a Share outstanding throughout the Nine Months
Ended September 30, 2024 (Unaudited) and September 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
Nine Months
Ended
Nine Months
Ended
Nine Months
Ended
Nine Months
Ended
September 30,
2024 (Unaudited)
September 30,
2024
(Unaudited)
September 30,
2023 (Unaudited)
September 30,
2023
(Unaudited)
Net Asset Value, Beginning of Period
$ 37.78
$ 13.73
$ 14.63
$ 29.25
Net investment Income (Loss) (1)
0.08
( 0.04 )
( 0.27 )
( 0.07 )
Net Realized and Unrealized Gain (Loss) on Investments and Futures Contracts (2)
( 10.80 )
( 8.96 )
13.67
( 25.71 )
Net Increase (Decrease) in Net Asset Value Resulting from Operations
( 10.72 )
( 9.00 )
13.40
( 25.78 )
Net Asset Value, End of Period
$ 27.06
$ 4.73
$ 28.03
$ 3.47
Market Value Per Share (3)
$ 27.07
$ 4.72
$ 27.88
$ 3.49
Total Return at Net Asset Value (4)
- 28.37 %
- 65.55 %
91.59 %
- 88.14 %
Total Return at Market Value (4)
- 28.25 %
- 65.62 %
90.18 %
- 88.01 %
Ratios to Average Net Assets: (5)
Expense ratio (6)
1.61 %
2.29 %
2.10 %
2.15 %
Net Investment Income (Loss)
0.31 %
- 0.78 %
- 1.69 %
- 1.26 %
(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 September 30, 2024 and September 30, 2023.
(5)
Percentages are annualized.
(6) The expense ratio would be 1.58 % and 2.29 % respectively, for the nine months ended September 30, 2024, and 2.08 % and 2.15 % for the nine months ended September 30, 2023 if brokerage commissions and futures and futures account fees were excluded.
See accompanying notes to financial statements.
F- 32
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.
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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- 34
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- 35
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- 36
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.