0001193125-18-183427.txt : 20180604 0001193125-18-183427.hdr.sgml : 20180604 20180604165600 ACCESSION NUMBER: 0001193125-18-183427 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20180604 ITEM INFORMATION: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20180604 DATE AS OF CHANGE: 20180604 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PowerShares DB Multi-Sector Commodity Trust CENTRAL INDEX KEY: 0001367306 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33229 FILM NUMBER: 18878841 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FORMER COMPANY: FORMER CONFORMED NAME: DB Multi-Sector Commodity Trust DATE OF NAME CHANGE: 20060626 FORMER COMPANY: FORMER CONFORMED NAME: DB Multi-Sector Trust DATE OF NAME CHANGE: 20060623 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PowerShares DB Gold Fund CENTRAL INDEX KEY: 0001383055 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778067 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33231 FILM NUMBER: 18878845 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: POWERSHARES DB SILVER FUND CENTRAL INDEX KEY: 0001383054 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778072 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33234 FILM NUMBER: 18878842 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: POWERSHARES DB BASE METALS FUND CENTRAL INDEX KEY: 0001383084 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778075 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33236 FILM NUMBER: 18878844 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: POWERSHARES DB AGRICULTURE FUND CENTRAL INDEX KEY: 0001383082 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778078 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33238 FILM NUMBER: 18878843 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PowerShares DB Energy Fund CENTRAL INDEX KEY: 0001383062 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778060 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33240 FILM NUMBER: 18878848 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PowerShares DB Oil Fund CENTRAL INDEX KEY: 0001383058 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778062 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33242 FILM NUMBER: 18878847 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PowerShares DB Precious Metals Fund CENTRAL INDEX KEY: 0001383057 STANDARD INDUSTRIAL CLASSIFICATION: [6221] IRS NUMBER: 870778065 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33244 FILM NUMBER: 18878846 BUSINESS ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 BUSINESS PHONE: 800-983-0903 MAIL ADDRESS: STREET 1: 3500 LACEY ROAD STREET 2: SUITE 700 CITY: DOWNERS GROVE STATE: IL ZIP: 60515 8-K 1 d792018d8k.htm FORM 8-K Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): June 4, 2018

 

 

INVESCO DB MULTI-SECTOR COMMODITY TRUST

(Registrant)

INVESCO DB ENERGY FUND; INVESCO DB OIL FUND;

INVESCO DB PRECIOUS METALS FUND; INVESCO DB GOLD

FUND; INVESCO DB SILVER FUND; INVESCO DB BASE

METALS FUND; INVESCO DB AGRICULTURE FUND

(Co-Registrants)

(Exact name of registrant as specified in its charter)

 

 

 

Delaware    87-0778053 (Trust)

(State or other jurisdiction

of incorporation)

   

(I.R.S. Employer

Identification No.)

 

c/o Invesco Capital Management LLC

3500 Lacey Road, Suite 700

Downers Grove, Illinois

   60515
(Address of principal executive offices)   (Zip Code)

 

001-33229; 001-33240; 001-33242; 001-33244; 001-33231; 001-33234; 001-33236; and 001-33238

(Commission

File Numbers)

(800) 983-0903

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

☐ Emerging growth company

 

☐ If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to section 13(a) of the Exchange Act.

 

 

 

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

Effective June 4, 2018, Invesco PowerShares Capital Management LLC, on its own behalf as Managing Owner of PowerShares DB Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund, PowerShares DB Silver Fund, PowerShares DB Base Metals Fund, and PowerShares DB Agriculture Fund (the “Funds”) and as Attorney-in-Fact for all of the Limited Owners of the Funds, and Wilmington Trust Company, as trustee of the PowerShares DB Multi-Sector Commodity Trust (the “Trust”), entered into Amendment No. 2 (“Amendment No. 2”) to the Fifth Amended and Restated Declaration of Trust and Trust Agreement, dated as of February 23, 2015, as amended by Amendment No. 1 thereto, to effectuate a change in the name of the Trust and the Funds. The Trust’s name changed from PowerShares DB Multi-Sector Commodity Trust to Invesco DB Multi-Sector Commodity Trust and the Funds’ names changed from PowerShares DB Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund, PowerShares DB Silver Fund, PowerShares DB Base Metals Fund, PowerShares DB Agriculture Fund, to Invesco DB Energy Fund, Invesco DB Oil Fund, Invesco DB Precious Metals Fund, Invesco DB Gold Fund, Invesco DB Silver Fund, Invesco DB Base Metals Fund, and Invesco DB Agriculture Fund, respectively. Amendment No. 2 became effective on June 4, 2018. A copy of Amendment No. 2 is filed as Exhibit 4.1.2 hereto.

 

Item 9.01 Financial Statements and Exhibits

(d) Exhibits

 

Exhibit
No.		   

Description

4.1.2    Amendment No. 2 to the Fifth Amended and Restated Declaration of Trust and Trust Agreement

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Invesco DB Multi-Sector Commodity Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Energy Fund, a series of Invesco DB Multi-Sector Commodity

Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Oil Fund, a series of Invesco DB Multi-Sector Commodity

Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Precious Metals Fund, a series of Invesco DB Multi-Sector Commodity

Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

Invesco DB Gold Fund, a series of Invesco DB Multi-Sector Commodity Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Silver Fund, a series of Invesco DB Multi-Sector Commodity

Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Base Metals Fund, a series of Invesco DB Multi-Sector Commodity Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 

Invesco DB Agriculture Fund, a series of Invesco DB Multi-Sector Commodity Trust

By:

  

Invesco Capital Management LLC,

its Managing Owner

 

  

By:

    

 

       /s/ Daniel Draper
    Name:  

Daniel Draper

    Date:  

June 4, 2018

    Title:  

Principal Executive Officer

 EX-4.1.2 2 d792018dex412.htm EX-4.1.2 EX-4.1.2

Exhibit 4.1.2

AMENDMENT NO. 2 TO THE

FIFTH AMENDED AND RESTATED

DECLARATION OF TRUST AND TRUST AGREEMENT

OF

POWERSHARES DB MULTI-SECTOR COMMODITY TRUST

This Amendment No. 2 (“Amendment No. 2”) to the Fifth Amended and Restated Declaration of Trust and Trust Agreement, dated as of February 23, 2015, as amended on June 20, 2016 (the “Declaration of Trust”) of PowerShares DB DB Multi-Sector Commodity Trust (the “Trust”) by and among the undersigned, on its own behalf and as Managing Owner (the “Managing Owner”) of the Trust and as Attorney-in-Fact for all of the Limited Owners of the Trust, and Wilmington Trust Company, as Trustee.

WHEREAS, the Managing Owner wishes to amend the Declaration of Trust pursuant to Section 11.1(b)(iii) thereof to (i) reflect changes to the name of the Managing Owner and (ii) reflect changes to the names of the Trusts and series thereof.

NOW, THEREFORE, in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the Declaration of Trust is amended as follows:

 

  1. Effective as of June 4, 2018, Section 1.1 shall be amended as follows:

 

  (a) The definition of “Managing Owner” shall be deleted in its entirety and replaced with the following:

““Managing Owner” means Invesco Capital Management LLC, or any substitute therefor as provided herein, or any successor thereto by merger or operation of law.”

 

  (b) The definition of “Trust” shall be deleted in its entirety and replaced with the following:

“““Trust” means Invesco DB Multi-Sector Commodity Trust, a Delaware statutory trust formed in separate series pursuant to the Certificate of Trust, the business and affairs of which are governed by this Trust Agreement.”

 

  2. Effective as of June 4, 2018, Section 1.2(a) shall be deleted in its entirety and replaced follows:

“(a) The name of the Trust is “Invesco DB Multi-Sector Commodity Trust” in which name the Trustee and the Managing Owner may engage in the business of the Trust, make and execute contracts and other instruments on behalf of the Trust and sue and be sued on behalf of the Trust.”

 

  3. Effective as of June 4, 2018, the list of seven initial series appearing in Section 3.2(a) deleted in its entirety and replaced follows:

“Invesco DB Energy Fund;

Invesco DB Oil Fund;

Invesco DB Precious Metals Fund;

Invesco DB Gold Fund;

Invesco DB Silver Fund;

Invesco DB Base Metals Fund; and

Invesco DB Agriculture Fund”

 

  4. Effective as of June 4, 2018, all other references to Invesco PowerShares Capital Management LLC, PowerShares DB Multi-Sector Commodity Trust, PowerShares DB Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund, PowerShares DB Silver Fund, PowerShares DB Base Metals Fund, and PowerShares DB Agriculture Fund appearing in the Declaration of Trust, including any Exhibits, Attachments or Annexes thereto, shall be replaced as indicated below:

 

Original Name

  

New Name

Invesco PowerShares Capital Management LLC   Invesco Capital Management LLC
PowerShares DB Multi-Sector Commodity Trust   Invesco DB Multi-Sector Commodity Trust

PowerShares DB Agriculture Fund

  

Invesco DB Agriculture Fund

PowerShares DB Base Metals Fund

  

Invesco DB Base Metals Fund

PowerShares DB Energy Fund

  

Invesco DB Energy Fund

PowerShares DB Gold Fund

  

Invesco DB Gold Fund

Powershares DB Oil Fund

  

Invesco DB Oil Fund

PowerShares DB Precious Metals Fund

  

Invesco DB Precious Metals Fund

PowerShares DB Silver Fund

  

Invesco DB Silver Fund

 

  5. This Amendment No. 2 to the Declaration of Trust shall be governed by, and construed in accordance with, the laws of the State of Delaware.

 

  6. Terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Declaration of Trust, as amended.

Remainder of page left blank intentionally.

IN WITNESS WHEREOF, this Amendment No. 2 has been executed for and on behalf of the undersigned as of the 4th day of June, 2018.

 

Invesco Capital Management LLC (f/k/a

Invesco PowerShares Capital Management LLC),

as Managing Owner

By:  

/s/ Daniel Draper

 

Name:    Daniel Draper

Title:      Chief Executive Officer

 

Acknowledged:

WILMINGTON TRUST COMPANY, not in its individual capacity but solely as Trustee

of the Fund

By:  

/s/ David B. Young

 

Name:    David B. Young

Title:     Vice President

 

[Signature Page to Amendment No.2 to Multi-Sector Fifth Amended and Restated Declaration of Trust]