How regulators piled onto the ETF controversy

SEP 09, 2009
The Financial Industry Regulatory Authority Inc.'s June warning about leveraged and inverse ETFs set off alarm bells by saying that the products “typically are unsuitable for retail investors” who hold them longer than a day. In reaction, a number of brokerage firms quit selling the products, or began taking only unsolicited orders for the products. In late July, William Galvin, secretary of the Commonwealth of Massachusetts,subpoenaed four brokerage firms, demanding information about the way they sold inverse and leveraged ETFs. Last month, the SEC hopped on board with an investor alert, co-authored with Finra, titled “Leveraged and Inverse ETFs: Specialized Products with Extra Risks for Buy-and-Hold Investors.” Not to be outdone, several plaintiff's lawyers filed suit in August against ProShares Advisors LLC over alleged defects in the ProShares UltraShort Real Estate ETF (SRS). The claim, filed in U.S. District Court for the Southern District of New York, says the fund, which seeks to track 200% of the inverse of the daily performance of the Dow Jones U.S. Real Estate Index, fell 48.2% last year while the DJREI dropped 39.2%. “The SRS Fund is, therefore, the equivalent of a defective product,” the claim says. “The allegations reported in the complaint are wholly without merit [and] we plan to defend against this suit vigorously,” a ProShares spokesman said in a statement. Finally, at the end of last month, Finra increased margin requirements for leveraged ETFs, effective Dec. 1.

Latest News

LPL building out alts, banking services to chase wirehouse advisors, new CEO says
LPL building out alts, banking services to chase wirehouse advisors, new CEO says

New chief executive Rich Steinmeier replaced Dan Arnold on October 1.

Franklin Templeton CEO vows to "do what's right" amid record outflows
Franklin Templeton CEO vows to "do what's right" amid record outflows

The global firm is navigating a crisis of confidence as an SEC and DOJ probe into its Western Asset Management business sparked a historic $37B exodus.

For asset managers, easy experience is key to winning advisors' businesses
For asset managers, easy experience is key to winning advisors' businesses

Beyond returns, asset managers have to elevate their relationship with digital applications and a multichannel strategy, says JD Power.

Why retaining HNW clients ultimately comes down to one basic thing
Why retaining HNW clients ultimately comes down to one basic thing

New survey finds varied levels of loyalty to advisors by generation.

Stocks drop as investors digest Microsoft, Meta earnings
Stocks drop as investors digest Microsoft, Meta earnings

Busy day for results, key data give markets concerns.

SPONSORED Out with the old and in with the new: a 50% private markets portfolio

A great man died recently, but this did not make headlines. In fact, it barely even made the news. Maybe it’s because many have already mourned the departure of his greatest legacy: the 60/40 portfolio.

SPONSORED Destiny Wealth Partners: RIA Team of the Year shares keys to success

Discover the award-winning strategies behind Destiny Wealth Partners' client-centric approach.