TREE NEWS update: The SEC has cleared Cboe to list Volatility Shares’ 3x Bitcoin and Ether funds, covering six products structured as commodity trusts registered under the 1933 Act. The approval follows SEC staff pushback in December 2025 on 3x funds governed by the 1940 Act.
SEC Clears Cboe to List Volatility Shares 3x Bitcoin and Ether Funds
The significance here is structural, not directional: the SEC is drawing a line between 1933 Act commodity trusts and 1940 Act vehicles, and leveraged crypto exposure is being permitted through the former after staff resisted the latter. That distinction shapes which issuers can pursue 3x products and how they must be wrapped, making the registered-trust route the path of least resistance for now. Whether this 1933 Act precedent extends to a broader set of leveraged crypto listings, or remains a narrow carve-out, is the open question worth watching.
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