The Securities and Exchange Commission (the "Commission') is adopting a new exemptive rule under the Investment Company Act of 1940 (the "Investment Company Act') designed to address the investor protection purposes and concerns underlying section 18 of the Act and to provide an updated and more comprehensive approach to the regulation of funds' use of derivatives and the other transactions the new rule addresses. In addition, the Commission is adopting new reporting requirements designed to enhance the Commission's ability to effectively oversee funds' use of and compliance with the new rule, and to provide the Commission and the public additional information regarding funds' use of derivatives. Finally, the Commission is adopting amendments under the Investment Company Act to allow leveraged/inverse ETFs that satisfy the rule's conditions to operate without the expense and delay of obtaining an exemptive order. The Commission, accordingly, is rescinding certain exemptive relief that has been granted to these funds and their sponsors.

Prior Actions

Proposed Rule (34-87607)

Proposed Rule (IC-31933)


File Number
Rule Type
Nov. 2, 2020
Effective Date

February 19, 2021

Compliance Date

August 19, 2022

Document Citation

85 FR 83162


This replaces the version initially issued on October 28, 2020.) (Conformed to Federal Register version) Effective Date: February 19, 2021 Compliance Date: August 19, 2022 File No.: S7-24-15 See Also: Press Release No. 2020-269 , Proposed Rules Rel. No. 34-87607 , IC-31933 , and Small Entity Compliance Guide Federal Register version (85 FR 83162) (https://www.federalregister.gov/documents/2020/12/21/2020-24781/use-of-…