SEC examining complex ETF products popular in market downturns

SEC examining complex ETF products popular in market downturns
SEC Chairman Gary Gensler warns that the products “can pose risks even to sophisticated investors, and can potentially create systemwide risks by operating in unanticipated ways."
MAY 11, 2022
By  Bloomberg

The Securities and Exchange Commission is ratcheting up its scrutiny of investment firms using leveraged and inverse exchange-traded funds to hedge against market volatility.

The products “can pose risks even to sophisticated investors, and can potentially create systemwide risks by operating in unanticipated ways when markets experience volatility or stress conditions,” Chairman Gary Gensler said Wednesday in remarks at an industry event.

Retail investors and private funds alike have flocked to these derivatives-powered products this year amid market turmoil to bet on declines and to hedge against various stocks. While these ETFs can be a useful trading tool during market downturns, their structure means they can also deliver swift losses. 

The trades have been at the center of market meltdowns over the years, and regulators have previously cautioned investors about using them in the wake of the 2008 financial crisis.

Following events such as the collapse of Archegos Capital Management, Gensler said his agency needs to take a closer look at derivatives products.

“In the past few months alone, with our regulatory and law enforcement partners, we have brought charges for historic events involving funds and derivatives,” Gensler said. “There may be more to come, unfortunately.”

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.