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And when Advisor Shares reaches 150 million, Fund.com Inc. will owe Advisor Shares a chunk of money and so on and so on. But wait, Advisor Shares is paying a balance of their fees to Fund.com Inc. so Basically Fund.com Inc. is Advisor Shares and both would be best served to merge as one and list on an exchange. Oh!, now I get the picture. Somewhere in this message is the truth or was it always to be?
So you have to ask yourself, are managed exchange traded funds the next big game or are they already embedded and will be the next big players with the continued escalation of ETF`s?
The new company could be called, Advisor Shares Funds.com Inc..
Kind off rolls off the tongue real clean!!!!!!!!!!!!!!!!!!!!!
(e) Upon the Company’s total assets under management reaching US$150,000,000 (“ Milestone B ”), within 30 days following delivery by the Company to Fund.com of a statement from the Company’s independent auditor verifying the achievement of Milestone B, Fund.com shall effect payment to the Company of $725,000 by check or wire transfer or any combination thereof.
(f) Upon the Company’s total assets under management reaching US$250,000,000 (“ Milestone C ”), within 30 days following delivery by the Company to Fund.com of a statement from the Company’s independent auditor verifying the achievement of Milestone C, Fund.com shall effect payment to the Company of $1,000,000 by check or wire transfer or any combination thereof.
(g) Upon the Company’s total assets under management reaching US$450,000,000 (“ Milestone D ” and, collectively with Milestone A, Milestone B and Milestone C, the “ Milestones ”), within 30 days following delivery by the Company to Fund.com of a statement from the Company’s independent auditor verifying the achievement of Milestone D, Fund.com shall effect payment to the Company of $1,000,000 by check or wire transfer or any combination thereof.
Notwithstanding Sections 1.2(c)-(f) hereof, upon the earlier to occur of (i) any merger, consolidation or reorganization of the Company with or into any other entity, or disposition of all or substantially all of the Company’s Units or assets, in a transaction that results in a change of control of the Company, (ii) (unless the Milestones have been achieved) the third anniversary of the launch date of the first product issued under the SEC Exemptive Order and (iii) a forfeiture of Units held by Fund.com pursuant to Section 5.07(a) of the LLC Agreement, Fund.com shall be released from any of the Contribution Obligations, and shall not be in default, under subsections (d) - (g) of this Section 1.2, and Fund.com shall not be required to contribute any additional capital to the Company under this Agreement.
Measures to arrest price hikes
By Hu Yuanyuan and Wang Xiaotian (China Daily)
Updated: 2010-11-18 09:15
http://www.chinadaily.com.cn/business/2010-11/18/content_11568059.htm
Government to boost food supplies, provide subsidies for less well-off
BEIJING - The State Council, China's Cabinet, is drafting a slew of measures to suppress rising commodity prices, Premier Wen Jiabao said on Wednesday.
The measures include boosting food supplies and other necessities, increasing subsidies for low-income families and taking more targeted policies to maintain market order, according to a statement on the government's official website www.gov.cn.
"We need to understand the importance and urgency of stabilizing market prices and take forceful measures," it said after a State Council meeting chaired by Wen.
"When it is necessary, contemporary measures could be taken to interfere with the prices of some important daily necessities," the statement added.
The State Council singled out grain, edible oil, sugar and cotton as markets that it wanted to stabilize. It also vowed to intensify a crackdown on price speculation and to punish those found hoarding commodities and pushing up prices by illegal means.
The statement made no mention of monetary policy.
Meanwhile, in a bid to guarantee market supplies and curb price rises, the Ministry of Commerce (MOC) announced on Wednesday that authorities will auction 200,000 tons of reserve sugar on Nov 22.
The reserve sugar will be sold to Chinese food processing companies at a base price of 4,000 yuan ($597) per ton, said an MOC notice.
Sugar prices have risen to more than 6,000 yuan per ton from 2,800 yuan per ton in October 2008.
China's consumer price index (CPI), a key gauge of inflation, surged 4.4 percent year-on-year in October to a 25-month high, stoking inflation fears, the National Bureau of Statistics (NBS) said on Nov 11.
Worries that the government could start tightening more aggressively drove China's main stock index down by 1.9 percent on Wednesday to a one-month closing low. The index has dropped 11 percent over the past four trading days.
Shi Chenyu, an economist with the investment banking arm of the Industrial and Commercial Bank of China, said the sternly worded statement showed that inflation had reached the top of Beijing's policy agenda.
"The government often opts for iron-fisted administrative measures to control prices when inflation becomes a serious problem," Shi said. "However, harsh administrative measures may backfire as expectations of further price rises may intensify."
The State Council said it would hold provincial governors accountable for the prices of "rice bags" and make mayors responsible for "vegetable baskets".
In another development, the consumer confidence index, the main gauge of confidence in the economy, dipped in the third quarter after experiencing five consecutive quarters of increase, due to growing worries over inflation, according to research conducted by the NBS and the Nielsen Company.
According to the report, the index fell 5 percentage points on a quarterly basis to 104.
"The index fell because consumers are less willing to buy," said Pan Jiancheng, deputy director general of the China Economic Monitoring & Analysis Center at the NBS.
The confidence index for urban consumers was stable on a quarter-on-quarter basis at 101 while that for rural residents, who are less well-off and more sensitive to price rises, fell 11 points to 106 after five consecutive quarterly gains, the report shows.
Mitch Barns, president of Nielsen's Greater China, said the fall in rural consumer confidence was understandable given its previous rises.
"Natural disasters that have hit rural areas during the current quarter coupled with an increase in consumer prices are two key factors affecting rural consumers' attitude in this quarter," Barns said. "I would expect the index to be flat or dip slightly in the next quarter."
Rising concern over price increases, however, is not expected to affect positive consumer attitude toward the coming year, according to the report.
Measures to arrest price hikesBig jet takes off with 100 order
Related readings:
Measures to arrest price hikes Parents set to suck up baby formula price hike
Measures to arrest price hikes Govt to introduce food price rules
Measures to arrest price hikes 80% of 31 foods see price hike in October
Measures to arrest price hikes Local governments launch CPI-related subsidies
According to the analysis center's Pan, China is still nowhere near a period of high inflation. The continuous pick-up of the CPI in recent months was a result of supply shortages in food (especially vegetables), which accounts for more than one-third of the CPI calculation basket.
"Such a shortage is temporary and could be largely improved as supply catches up," said Pan.
For Wang Tao, head of China research at UBS Securities, the country's CPI will probably hit 5 percent year-on-year in November, but may fall in December due to a higher basis last year.
"I believe inflation risks for next year are still controllable," said Wang. "And to keep it under control, the government should increase imports, stabilize supply, and offer subsidies to low-income families."
Monetary policies such as increasing interest rates can also help manage inflation and prevent price hikes in certain sectors from spilling over into other commodities, she said.
The company getting there financials,ie.Form 10-K straight without backtracking, would be major news and a first.
For all the talk about shorts this is the first i`ve seen or been able to corroborate by phone through FINRA!!!!!
Fund.com, Inc. FNDM
Pink Sheets Limited / Common Stock
* 9.75
* 0.00 ( 0.00%)
* Real-Time OTCBBO 8.00 / 10.00 (500 x 500)
Short Sales
Date Oct 29, 2010
Short Interest 2,000
% Change 100.00
Avg. Daily Share Volume 2,425
Days to Cover 1.00
Split No
New Issue No
http://www.otcmarkets.com/stock/FNDM/short-sales
Your right as I watch the trading this is a POS ETF, isn`t even close to 2X`s and is only for day trading and not even a good vehicle for that.
This ones due for a nice bounce near term with a hefty short following currently.
Tuesday November 9, 2010
Short Quote™
Enter Symbol:
Ipath Sp500 Vix Short Trm Futr Etn
$ 45.39
VXX
0.22
Daily Short Sale Volume - NEW
view
Short Interest (Shares Short)
50,602,800
Days To Cover (Short Interest Ratio)
1.7
Short Percent of Float
view
Naked Short Selling List - NEW
view
Short Interest - Prior
44,595,300
Short % Increase / Decrease
13.47
Short Squeeze Ranking™
view
% From 52-Wk High ($ 44.90 )
1.09 %
% From 52-Wk Low ($ 11.01 )
312.26 %
% From 200-Day MA ($ 22.96 )
97.69 %
% From 50-Day MA ($ 15.93 )
184.93 %
Price % Change (52-Week)
8.17 %
Shares Float
view
Total Shares Outstanding
74,702,487
% Owned by Insiders
% Owned by Institutions
Market Cap.
$ 3,390,745,839
Trading Volume - Today
11,914,390
Trading Volume - Average
29,385,700
Trading Volume - Today vs. Average
79.05 %
Earnings Per Share
PE Ratio
Record Date
2010-OctB
Sector
Industry
Exchange
NY
Data Provided Without Warranty
http://www.shortsqueeze.com/?symbol=VXX&submit=Short+Quote%99
It`s obvious that MM`s are not reporting until end of day on most trades. I have a GTC order in for 2,000 shares, they filled 166 shares. These bozos need to have 50 buy/sell orders lined up before they will show any transparency.
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: August 24, 2010
(Date of Earliest Event Reported)
FUND.COM INC.
(Exact name of Registrant as specified in its charter)
Delaware
(State or other
jurisdiction of
incorporation or organization)
001-34027
(Commission File Number)
30-0284778
(I.R.S. Employer
Identification No.)
767 Third Avenue, 25th Floor, New York, New York 10017
(Address of principal executive offices) (Zip Code)
Registrant’s telephone number, including area code: (212) 224-8230
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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
1
Item 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review.
On August 24, 2010, the Audit Committee of the Board of Directors (the “ Audit Committee ”) and management of Fund.com Inc. (the “ Company ”) determined, after consultation with its independent registered public accounting firm, that a restatement of its financial statements for the (i) fiscal quarter ended September 30, 2009, which was filed on Form 10-Q on November 23, 2009; (ii) fiscal year ended December 31, 2009, which was filed on Form 10-K on April 23, 2010; and (iii) fiscal quarter ended March 31, 2010, which was filed on Form 10-Q on May 24, 2010 is necessary to properly reflect the rescission of an investment into Vensure Employer Services, Inc. (“ Vensure ”) and the related valuation of a $20.0 million face amount annuity contract from an unrelated third party payable in 2017 (the “ Financial Instrument ”) that was returned to the Company. An additional restatement of the financial statements for the fiscal year ended December 31, 2009 will be made to reflect an inducement made by two shareholders of the Company in connection with the issuance of a note payable to IP Global Investors, Ltd. (“ IP Global ”). When it was disclosed, the Company was not aware that the transaction of the share transfer between the private parties had been consummated. The Company and the Audit Committee determined that it should take this action to prevent future reliance on previously issued financial statements set forth in the above. Such financial statements should no longer be relied upon.
The Company believes that the proper presentation on its financial statements is to record the Vensure investment at the value of the consideration which was returned on August 18, 2010 to the Company, subsequent to the periods being restated. In addition, the Company believes that it is no longer appropriate to record as an asset advances from future revenues which were a part of the Vensure agreements that were rescinded. Accordingly, the financial statements will be restated to reflect the valuation of the financial instrument at September 30, 2009, December 31, 2009 and March 31, 2010.
As previously disclosed by the Company in its periodic reports filed with the Securities and Exchange Commission (the “ SEC ”), on November 2, 2009, effective September 29, 2009, the Company consummated an investment in Vensure pursuant to the terms and conditions of a securities purchase agreement (the “ Purchase Agreement ”). Under the terms of the Purchase Agreement, the Company exchanged the $20.0 million face amount Financial Instrument for 218,883.33 shares of Series A participating convertible preferred stock of Vensure, with a liquidation value of $1,000 per share (the “ Series A Preferred Stock ”). In addition, the Company, Vensure and their subsidiaries entered into an educational content agreement.
Subsequent to the closing of the Vensure transaction, there was a significant change of circumstances affecting both parties to the Purchase Agreement. These factors included: (i) Vensure’s inability to provide the Company with the audited financial statements of Vensure for the two years ended December 31, 2009, as required by the Purchase Agreement; and (ii) the focus of Company’s efforts and business strategy as a result of the expansion of the activities of its AdvisorShares Investments, LLC subsidiary and the recent acquisition of Weston Capital Management, LLC.
Based upon the foregoing and as additionally reported on Form 8-K filed on August 24, 2010, on August 18, 2010, the Company and Vensure entered into an Agreement of Rescission (the “ Rescission Agreement ”) under which the parties agreed to rescind, ab initio , all of the transactions contemplated by the Purchase Agreement, as a result of which (a) Vensure and its subsidiary assigned back to the Company the Financial Instrument, (b) the Company assigned and transferred back to Vensure its Series A Preferred Stock, and (c) the parties agreed to release each other from all further obligations under the Purchase Agreement and related educational content agreement.
2
The Company considered guidance under the provisions of FASB ASC 805-10, Accounting for pre-acquisition contingencies, and ASC 450-10, Contingencies, and has determined that it can now reassess due to the rescission how the transaction was recorded and the fact that the financial instrument in now held by the Company. The Company believes that a determination of the fair value of the Financial Instrument at each of the reporting dates will be done in accordance with guidance in ASC 820-10-55-4 through -20 with respect to present value techniques, specifically the guidance set forth in ASC 820-10-55-5.
Management of the Company believes that present value techniques, and specifically the guidance set forth in ASC 820-10-55-5, will ultimately result in a determination that the fair value of the Financial Instrument may be significantly less than its original $20.0 million face amount, and that such Financial Instrument could be impaired and reduced by as much as $15.0 million. However, the final determination of the fair value of the Financial Instrument has not been completed nor have the independent auditors for the Company made any determination as to such fair value, including the extent of any reduction or impairment of the Financial Instrument, if any.
Accordingly, the Company will: (i) remove as an asset any advances from future revenues, (ii) make a final determination of the fair value of the Financial Instrument, which determination shall be subject to audit by the Company’s independent auditors, and (iii) record the inducement in connection with the note payable to earnings. Specifically:
1.
The balance sheets for the periods September 30, 2009, December 31, 2009 and March 31, 2010 will no longer contain an asset, advances for future revenues;
2.
The balances sheets for the periods September 30, 2009, December 31, 2009 and March 31, 2010 will not include as an investment the Series A Preferred Stock but rather will now include as the Financial Instrument at ultimately determined fair value;
3.
The Statement of Operations for the period ending September 30, 2009 will reflect an impairment of the Financial Instrument to its reduced fair value; and
4.
The Statement of Operations for the year ending December 31, 2009 will reflect a similar impairment of the Financial Instrument.
In addition, the Statement of Operations for the year ending December 31, 2009 will reflect as a charge to earnings $8,800,000 with a corresponding amount increasing Additional Paid in Capital in the Shareholders’ Equity section. This is related to the inducement provided by the shareholders in connection with the IP Global note. This restatement will have no affect on the assets or net equity of the company.
As indicated above, the Audit Committee and management has discussed this matter with its independent registered public accounting firm, and the Company will work diligently with its independent registered public accounting firm to include the restated financial statements as at September 30, 2009, December 31, 2009 and March 31, 2010, and for the periods then ended, in amendments to such reports, to be filed with the SEC as soon as practical.
On November 4, 2010, the Company provided Jewett, Schwartz, Wolfe & Associates with a copy of the disclosures it is making in response to Item 4.02 on this Form 8-K, and has requested that Jewett, Schwartz, Wolfe & Associates furnish the Company with a letter addressed to the SEC stating whether it agrees with the above statements as promptly as possible. Such letter is filed herewith as Exhibit 16.1 and is incorporated herein by reference.
3
Complete Description
The foregoing description of the new financial statements is not a complete summary. The new financial statements, which should be relied upon, will be contained in amendments to the September 30, 2009, December 31, 2009 and March 31, 2010 reports to effect the aforementioned restatements. You are urged to read the complete documents on the website of the SEC at www.sec.gov when such amended reports are filed with the SEC as soon as practical.
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
As previously disclosed by the Company in its Current Report on Form 8-K filed with the SEC on October 19, 2010, on October 13, 2010, the Board of Directors of the Company resolved by unanimous written consent to change the Company’s fiscal year end, formerly ending December 31 st , to September 30 th . In order to avoid the time and expense associated with filing an audited transition report for the period ended September 30, 2010 with the SEC while simultaneously responding to comments from the SEC in connection with the Company’s historical financial statements, on October 26, 2010, the Board of Directors of the Company resolved by unanimous written consent to rescind its prior approval of the Company’s change in fiscal year end. As a result of the foregoing, the Company’s fiscal year end was changed from September 30 th to December 31 st .
Item 9.01 Financial Statements and Exhibits.
(a) Financial statements of businesses acquired .
Not applicable.
(b) Pro forma financial information .
Not applicable.
(c) Shell company transactions .
Not applicable.
(d) Exhibits .
Exhibit Number
Description
16.1
Letter from Jewett, Schwartz, Wolfe & Associates dated as of November 4, 2010 .
4
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.
FUND.COM, INC.
(Registrant)
By: / s/ Gregory Webster
___________________________________________
Name: Gregory Webster
Title: Chief Executive Officer
Date: November 4, 2010
5
Exhibit 16.1
United States Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
We have read Fund.com Inc.'s (the "Company") statements made in accordance with Item 4.02 of Form 8-K, as part of the Company's Current Report on Form 8-K filed with the SEC on or about November 4, 2010, and we are in agreement with the statements made by the Company in said filing.
/s/ Jewett, Schwartz, Wolfe & Associates
Jewett, Schwartz, Wolfe & Associates
Hollywood, Florida
November 4, 2010
Status Action Quantity
Symbol Type Price
Act. Price
Good Until Canceled
Reported Canceled Buy 5000 FNDMD Limit
8.00 -- 10/27/10 20:59:15 10/27/10
Order No. 6867842227 Fund Com Inc Cl A New
Entered:08:52:55 10/27/10
Order Canceled: The symbol for this stock has changed and your order has been canceled.
FUND.COM INC. CLASS A NEW - Nasdaq: FNDMD
Time & Sales
Rec. Time Action Price Volume
3:18:22 PM Trade 10.00 958
2:25:11 PM Trade 10.00 584
1:00:00 PM Trade 10.00 1000
12:58:24 PM Trade 10.00 1427
12:11:23 PM Trade 10.00 1000
11:28:33 AM Trade 10.00 1000
9:30:29 AM Trade 10.00 1000
Unfortunately, nothing in your post answers my question
Why i`m I not surprised by your response.!
You have this remarkable ability to talk down to everybody you post too, even when you post a general question. What, you drive a Hummer and live in the Hampton`s? No matter, i`m finally putting your brainless ass on ignore. You still read into others post what you want to read, not what they post in reply to you.
If you want to pretend that there will be no affect because of the short squeeze, that is fine with me, however, I would like to know that information.
Where did that question come from in response to my post? Are you mentally dislexsic?
Call the damn number and ask what the short position is on the daily threshold security List , you might be surprised. I will not post the answer and I do not have a copy of the daily list as I am not going to pay the annual cost to acquire this info....
Did you paint the tape EOD? lol
This is the only way you are going to get the answer your asking for yourself.
For questions regarding the Rule 3210 Threshold Securities List, contact NASD Operations at (866) 776-0800.
There has been no delivery of shorted shares since reverse and there has been no covering. FNDMD is subject to the requirements of NASD Rule 3210. So, for five consecutive settlement days, there are fails to deliver at a registered clearing agency of 10,000 shares or more and the reported last sale during normal market hours would value the aggregate, ie: total quantity, fail to deliver position at $50,000 or more. NASD Rule 3210, among other things, requires participants of registered clearing agencies to take action on failures to deliver that exist for 13 consecutive settlement days in certain non-reporting securities. In addition, if the fail to deliver position is not closed out in the requisite time period, a participant of a registered clearing agency or any broker-dealer for which it clears transactions is prohibited from effecting further short sales in the particular specified security without borrowing, or entering into a bona fide arrangement to borrow, the security until the fail to deliver position is closed out. Pursuant to NASD Rule 3210, FINRA publishes a daily Threshold Security List. The rule became effective on July 3, 2006. In adopting NASD Rule 3210, FINRA believed that the rule represented an important step in reducing long-term fails to deliver in this sector of the marketplace.
Suggest you read this before you call:
www.sec.gov/rules/sro/finra/2010/34-62533.pdf
China Organic Agriculture, Inc. expected to report Q3 2010 results on November 12, 2010. This event was calculated by Capital IQ
I just picked up another 150 two see if that was true and the order shows and is completed as a buy..Evey buy and sell since the split has shown up, so i`m not sure your getting realtime L2.
Filled Buy 150 FNDMD Limit 10.00 -- -- 15:21:13 10/20/10
Order No. 6847297597
Fund Com Inc Cl A New
Entered:15:21:08 10/20/10
FUND.COM INC. CLASS A NEW - Nasdaq: FNDMD
Time & Sales most recent
Rec. Time Action Price Volume
3:00:21 PM Trade 10 100
9:30:19 AM Trade 10.75 120
A transition report will be filed on Form 10-K for the period ending September 30, 2010.
They`ll be filling the annual report.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
OMB APPROVAL
OMB Number: 3235-0063 Expires: April 30, 2013 Estimated average burden hours per response ... . 2,102.90
FORM 10-K
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
GENERAL INSTRUCTIONS
A. Rule as to Use of Form 10-K.
(1)
This Form shall be used for annual reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m or 78o(d)) (the “Act”) for which no other form is prescribed. This Form also shall be used for transition reports filed pursuant to Section 13 or 15(d) of the Act.
(2)
Annual reports on this Form shall be filed within the following period:
(a)
60 days after the end of the fiscal year covered by the report (75 days for fiscal years ending before December 15, 2006) for large accelerated filers (as defined in 17 CFR 240.12b-2):
(b)
75 days after the end of the fiscal year covered by the report for accelerated filers (as defined in 17 CFR 240.12b-2); and
(c)
90 days after the end of the fiscal year covered by the report for all other registrants.
http://www.sec.gov/about/forms/form10-k.pdf
4320. Short Sale Delivery Requirements
This version of the rule (or interpretive material) does not become effective until Oct 15 2010.[color=red][/color]
This rule was introduced with the filing of SR-FINRA-2010-028, which has been approved by the SEC. This rule becomes effective on October 15, 2010.
(a) If a participant of a registered clearing agency has a fail to deliver position at a registered clearing agency in a non-reporting threshold security for 13 consecutive settlement days, the participant shall immediately thereafter close out the fail to deliver position by purchasing securities of like kind and quantity.[color=red][/color]
(1) Provided, however, if a participant of a registered clearing agency has a fail to deliver position at a registered clearing agency for thirty-five consecutive settlement days in a non-reporting threshold security that was sold pursuant to SEC Rule 144, the participant shall immediately thereafter close out the fail to deliver position in the security by purchasing securities of like kind and quantity. The requirements in paragraph (b) shall apply to all such fails to deliver that are not closed out in conformance with this paragraph (a)(1).
(b) If a participant of a registered clearing agency has a fail to deliver position at a registered clearing agency in a non-reporting threshold security for 13 consecutive settlement days (or 35 consecutive settlement days if entitled to rely on paragraph (a)(1)), the participant and any broker or dealer for which it clears transactions, including any market maker that would otherwise be entitled to rely on the exception provided in paragraph (b)(2)(iii) of Rule 203 of SEC Regulation SHO, may not accept a short sale order in the non-reporting threshold security from another person, or effect a short sale in the non-reporting threshold security for its own account, without borrowing the security or entering into a bona-fide arrangement to borrow the security, until the participant closes out the fail to deliver position by purchasing securities of like kind and quantity and that purchase has cleared and settled at a registered clearing agency.
(c) If a participant of a registered clearing agency reasonably allocates a portion of a fail to deliver position to another registered broker or dealer for which it clears trades or for which it is responsible for settlement, based on such broker or dealer's short position, then the provisions of this Rule relating to such fail to deliver position shall apply to the portion of the fail to deliver position allocated to such registered broker or dealer, and not to the participant.
(d) A participant of a registered clearing agency shall not be deemed to have fulfilled the requirements of this Rule where the participant enters into an arrangement with another person to purchase securities as required by this Rule, and the participant knows or has reason to know that the other person will not deliver securities in settlement of the purchase.
(e) For the purposes of this Rule, the following terms shall have the meanings below:
(1) the term “market maker” has the same meaning as in Section 3(a)(38) of the Exchange Act.
(2) the term “non-reporting threshold security” means any equity security of an issuer that is not registered pursuant to Section 12 of the Exchange Act and for which the issuer is not required to file reports pursuant to Section 15(d) of the Exchange Act:
(A) for which there is an aggregate fail to deliver position for five consecutive settlement days at a registered clearing agency of 10,000 shares or more and for which on each settlement day during the five consecutive settlement day period, the reported last sale during normal market hours for the security on that settlement day that would value the aggregate fail to deliver position at $50,000 or more, provided that if there is no reported last sale on a particular settlement day, then the price used to value the position on such settlement day would be the previously reported last sale; and
(B) is included on a list published by FINRA.
A security shall cease to be a non-reporting threshold security if the aggregate fail to deliver position at a registered clearing agency does not meet or exceed either of the threshold tests specified in paragraph (e)(2)(A) of this Rule for five consecutive settlement days.
(3) the term “participant” means a participant as defined in Section 3(a)(24) of the Exchange Act, that is a FINRA member.
(4) the term “registered clearing agency” means a clearing agency, as defined in Section 3(a)(23)(A) of the Exchange Act, that is registered with the SEC pursuant to Section 17A of the Exchange Act.
(5) the term “settlement day” means any business day on which deliveries of securities and payments of money may be made through the facilities of a registered clearing agency.
(f) Pursuant to the Rule 9600 Series, the staff, for good cause shown after taking into consideration all relevant factors, may grant an exemption from the provisions of this Rule, either unconditionally or on specified terms and conditions, to any transaction or class of transactions, or to any security or class of securities, or to any person or class of persons, if such exemption is consistent with the protection of investors and the public interest.
http://finra.complinet.com/en/display/display.html?rbid=2403&element_id=9398
Division of Market Regulation:
Responses to Frequently Asked Questions Concerning Regulation SHO
http://www.sec.gov/divisions/marketreg/mrfaqregsho1204.htm
Question 7.1: Do naked short sale transactions create "counterfeit shares?"
Answer: Some believe that naked short sale transactions cause the number of shares trading to exceed the number of shares outstanding, which in turn allows broker-dealers to trade shares that don't exist. Others believe that the U.S. clearance and settlement system, and specifically the National Securities Clearing Corporation's ("NSCC") Continuous Net Settlement System ("CNS"), produces "phantom" or "counterfeit" securities by accounting for fails to deliver.
Naked short selling has no effect on an issuer's total shares outstanding. There is significant confusion relating to the fact that the aggregate number of positions reflected in customer accounts at broker-dealers may in fact be greater than the number of securities issued and outstanding. This is due in part to the fact that securities intermediaries, such as broker-dealers and banks, credit customer accounts prior to delivery of the securities. For most securities trading in the U.S. market, delivery subsequently occurs as expected. However, fails to deliver can occur for a variety of legitimate reasons, and flexibility is necessary in order to ensure an orderly market and to facilitate liquidity. Regulation SHO is intended to address the limited situations where fails are a potential problem (for example, fails in securities on a threshold list).
Similarly, CNS has no effect on an issuer's total shares outstanding. With regards to the contention that the U.S. clearance and settlement system, and specifically NSCC's CNS system, creates counterfeit shares, this is not the case. CNS is essentially an accounting system that indicates delivery and receive obligations among its members (i.e., broker-dealers and banks). These obligations do not reflect ownership positions until such time as delivery of shares are actually made. Ownership positions are reflected on the records of The Depository Trust Company ("DTC").
NEP- Looking as though you made a good call. Good catch on the charts!!!!
Investors, Fleeing Low Yields, Rush Into Emerging Markets
Published: Friday, 8 Oct 2010 | 8:03 PM ET
By: Reuters
www.cnbc.com/id/39576120/
"There's a massive credit upgrade cycle in emerging markets. That means capital gains. Advanced economies are riskier than emerging markets. That hasn't happened in my lifetime," said Ashok Shah, chief investment officer of London and Capital.
Seismic Shift
As flows into the emerging world snowballs, some investors are starting to flag risks surrounding the EM boom with currency politics over the next few weeks providing some caution.
After the weekend's meeting of Group of Seven and IMF officials in Washington, the Group of 20 finance ministers meet in Seoul later this month while U.S. mid-term elections are due on November 2.
Even with key currency talks and some measures to counter inflows, an investor stampede into emerging markets is showing no signs of abating.
Fund tracker EPFR Global said flows into emerging equities hit a 33-month high of $6 billion in the past week.
The Institute of International Finance raised its estimate of net private capital flows to emerging markets to $825 billion this year, compared with $581 billion last year.
The IIF said the biggest share of private capital flows is likely to come from portfolio equity investments by foreigners.
The MSCI EM index has gained 10 percent this year, hitting a 27-month peak in the past week. This compares with a meager 4 percent in the wider MSCI world equity index.
"Market capitalization remains small and the majority of global investors have only a fraction of EM exposure within their portfolios, despite the fact most major indices generated very little in the way of returns over the past decade," said Craig Farley, investment manager at Ashburton.
"We believe we are witnessing the start of a seismic shift in the other direction."
There is a high probability of a turning point.
* The CBOE 10 day average equity put call ratio is now 1 standard deviation below the mean for the past three years, a level always associated with tops.
* The CBOE 20 day average equity put call ratio is below the level (i.e. higher levels of call buying) than in October 2007 (which was a major market top).
* In late August, the AAII sentiment survey showed high levels (50%!) of bearish sentiment. This quickly reversed, and the past several weeks has shown very strong bullish sentiment. In fact, the two most recent episodes of such sustained bullish sentiment were May 2008 (!) and October 2007 (!). These AAII survey participants are true retail rubes - always bearish at bottoms and bullish at tops. They are a great fade.
* Over the past week, corporate insiders have sold 1,411x as much stock (in market value) as they purchased. Unlike the AAII survey participants, the corporate insiders have a good sense of the true worth of their companies' stock, and they are bullish at bottoms and bearish at tops. And, notice some of the big insider sellers: Oracle (ORCL), Tiffany (TIF), Amazon (AMZN), Salesforce (CRM), Apple (AAPL) - the NASDAQ overvalued momentum names.
* The breadth indicators (stocks above 20 day average, stocks above 50 day average) hit levels that are typically associated with corrections.
http://seekingalpha.com/article/228473-what-market-indicators-are-showing?source=dashboard_macro-view
Since i`m such an ass for trying to release some stress on this MB before the weekend, i`ll just post this last post with no further cometary again. I`ll will not post again to this or any other MB relating to stocks. Too many people have high stress levels to even be reading these boards, but yet they will except others DD without any knowledge or care for learning the real markets. Good luck to all in whatever decisions you make with your investing monies and understand how the famous investors made their money. Educate oneself is the only why besides luck to make it in the markets.
Shorts position pre-split.
Date|Symbol|Short Volume|Total Volume|Market
20100927|FNDM|143526|217526|O
20100924|FNDM|5000|11000|O
20100923|FNDM|19990|19990|O
20100922|FNDM|7490|36510|O
20100921|FNDM|50000|60000|O
20100920|FNDM|80750|439821|O
20100917|FNDM|9000|115600|O
20100916|FNDM|117500|246000|O
20100915|FNDM|50000|243051|O
20100914|FNDM|42244|121000|O
20100913|FNDM|70244|363884|O
20100910|FNDM|69500|304500|O
20100909|FNDM|151000|191000|O
20100908|FNDM|217000|494171|O
20100907|FNDM|135600|430000|O
20100903|FNDM|275244|377676|O
20100902|FNDM|456500|1011774|O
20100901|FNDME|51295|143420|O
20100831|FNDME|387700|570045|O
20100830|FNDME|196200|241900|O
20100827|FNDME|193226|233726|O
20100826|FNDME|187000|355500|O
20100825|FNDM|468004|947554|O
20100824|FNDM|70000|91990|O
20100820|FNDM|185730|340480|O
20100819|FNDM|55500|148875|O
20100818|FNDM|70000|127500|O
20100817|FNDM|326645|618645|O
20100816|FNDM|142000|455360|O
20100813|FNDM|301980|670480|O
20100812|FNDM|56000|136000|O
20100811|FNDM|78000|148270|O
20100809|FNDM|113700|578195|O
20100806|FNDM|150000|365050|O
20100805|FNDM|252632|850207|O
20100804|FNDM|88857|597657|O
20100803|FNDM|52617|345617|O
20100802|FNDM|92650|603900|O
20100730|FNDM|653597|1021441|O
20100729|FNDM|467260|1012160|O
20100728|FNDM|397050|642398|O
20100727|FNDM|175000|663819|O
20100726|FNDM|135000|155000|O
20100719|FNDM|6000|11000|O
20100713|FNDM|5000|90000|O
20100712|FNDM|50000|87880|O
20100709|FNDM|29200|145900|O
20100708|FNDM|9998|14998|O
20100701|FNDM|15000|211877|O
regsho.finra.org/regsho-September.html
Total shorts 7,381,456 Total sales: 17,310,350
undrdog
Damn, you take shit way too seriously and are out of line on that post back to me. It was an attempt to lessen the stress and you only read into it what you wanted to read. Put my ass on ignore.
By the way, I know more about this company than you have any clue too in your speculative posting. I`ve many old partners and friends still from my past trading days on the floor of the Pacific Stock Exchange that are full time floors traders still and the information you post is close but your still very clueless and misleading.
Go have a strong drink or two and really think if your cut out for today's market. If you let emotions get in the way, you`ve already lost the game. GLTY
For most online accts. you have to do the conversion psychically yourself unless you want to wait on the broker to get around to it. Calling them will get faster action. If your a serious trader you should purchase GainsKeeper, the program and run it daily. Check your brokerage acct. to see if they offer it for free or discounted. Otherwise read up on the program, as it`s a must have. GLTY
Summary Prospectus dated 07/14/2010 for 25459W490: Direxion Daily Financial Bear 3x Shares
(DIREXION LOGO)
Summary Prospectus July 14, 2010
Direxion Shares ETF Trust
Specialty Funds
Direxion Daily Financial Bear 3X Shares: FAZ
Hosted on NYSE Arca
Before you invest, you may want to review the fund’s prospectus, which contains more information about the fund and its risks. You can find the fund’s prospectus and other information about the fund, including the fund’s statement of additional information and shareholder report, online at http://direxionshares.com/document/regulatory_documents.html. You can also get this information at no cost by calling at 1-866-476-7523 or by sending an e-mail request to info@direxionshares.com, or from your financial intermediary. The fund’s prospectus and statement of additional information, both dated July 14, 2010, are incorporated by reference into this Summary Prospectus.
Important Information Regarding the Fund
The Direxion Daily Financial Bear 3X Shares (“Fund”) seeks daily leveraged investment results. The pursuit of daily leveraged goals means that the Fund is riskier than alternatives that do not use leverage because the Fund’s objective is to magnify the performance of the Index. The pursuit of daily leveraged investment goals means that the return of the Fund for a period longer than a full trading day may bear no resemblance to –300% of the return of the Index for such longer period because the aggregate return of the Fund is the product of the series of daily leveraged returns for each trading day. The path of the benchmark during the longer period may be at least as important to the Fund’s return for the longer period as the cumulative return of the benchmark for the relevant longer period, especially in periods of market volatility. Further, the return for investors that invest for periods less than a full trading day or for a period different than a trading day will not be the product of the return of the Fund’s stated goal and the performance of the target index for the full trading day.
Investment Objective
The Direxion Daily Financial Bear 3X Shares (“Fund”) seeks daily investment results, before fees and expenses, of 300% of the inverse (or opposite) of the price performance of the Russell 1000® Financial Services Index (“Index”). The Fund seeks daily leveraged investment results and does not seek to achieve its stated investment objective over a period of time greater than one day. The Fund is different and much riskier than most exchange-traded funds.
The Fund is designed to be utilized only by knowledgeable investors who understand the potential consequences of seeking daily leveraged investment results, understand the risks associated with shorting and the use of leverage, and are willing to monitor their portfolios frequently. The Fund is not intended to be used by, and is not appropriate for, investors who do not intend to actively monitor and manage their portfolios.
Fees and Expenses of the Fund
The table that follows describes the fees and expenses that you may pay if you buy or hold shares of the Fund (“Shares”). Investors purchasing shares in the secondary market may pay costs (including customary brokerage commissions) charged by their broker.
Annual Fund Operating Expenses(1) (expenses that you pay each year as a percentage of the value of your investment)
Management Fees
0.75%
Distribution and/or Service (12b-1) Fees
0.00%
Other Expenses of the Fund
0.25%
Acquired Fund Fees and Expenses
0.21%
Total Annual Fund Operating Expenses
1.21%
Expense Waiver/Reimbursement
0.05%
Total Annual Fund Operating Expenses After Expense Waiver/Reimbursement
1.16%
(1) Rafferty has contractually agreed to waive all or a portion of its management fee and/or reimburse the Fund for Other Expenses through March 1, 2011, to the extent that the Fund’s Net Annual Operating Expenses exceed 0.95% (excluding, as applicable, among other expenses, taxes, leverage interest, Acquired Fund Fees and Expenses, dividends or interest on short positions, other interest expenses, brokerage commissions, expenses incurred in connection with any merger or reorganization and extraordinary expenses such as litigation). Any expense waiver is subject to reimbursement by the Fund only within the following three years if overall expenses fall below these percentage limitations. This agreement may be terminated or revised at any time with the consent of the Board of Trustees.
Expense Example. The example is intended to help you compare the cost of investing in the Fund with the cost of investing in other mutual funds. The example assumes that you invest $10,000 in the Fund for the time period indicated and then redeem all of your shares at the end of those periods. The example also assumes that your investment has a 5% return each year and that the Fund’s operating expenses remain the same. Although your actual costs may be higher or lower, based on these assumptions your costs would be:
1 Year 3 Years 5 Years 10 Years
$ 118 $ 379 $ 660 $ 1,462
Portfolio Turnover. The Fund pays transaction costs, such as commissions, when it buys and sells securities (or “turns over” its portfolio). A higher portfolio turnover rate may indicate higher transaction costs and may result in higher taxes when Fund shares are held in a taxable account. These costs, which are not reflected in Annual Fund Operating Expenses or in the example, affect the Fund’s performance. During the most recent fiscal year, the Fund’s portfolio turnover rate was 0% of the average value of its portfolio. However, this portfolio turnover rate is calculated without regard to cash instruments or derivatives. If such instruments were included, the Fund’s portfolio turnover rate would be significantly higher.
Summary Prospectus
1 of 5 Direxion Daily Financial Bear 3X Shares
Principal Investment Strategies
The Fund, under normal circumstances, creates short positions by investing at least 80% of its net assets in: futures contracts; options on securities, indices and futures contracts; equity caps, collars and floors; swap agreements; forward contracts; short positions, reverse repurchase agreements; and other financial instruments that, in combination, provide leveraged and unleveraged exposure to the Index. The Fund invests the remainder of its assets in short-term debt instruments that have terms-to-maturity of less than 397 days and exhibit high quality credit profiles, including U.S. government securities and repurchase agreements. The Fund does not invest in equity securities.
The Index is a subset of the Russell 1000® Index that measures the performance of the securities classified in the financial services sector of the large cap U.S. equity market. As of January 29, 2010, the Index had an average market capitalization of over $9.794 billion dollars and a median market capitalization of $3.516 billion dollars.
The Fund seeks to remain fully invested at all times consistent with its stated goal. At the close of the markets each trading day, Rafferty positions the Fund’s portfolio so that its exposure to the Index is consistent with the Fund’s investment objective. The impact of the Index’s movements during the day will affect whether the Fund’s portfolio needs to be re-positioned. For example, if the Index has fallen on a given day, net assets of the Fund should rise, meaning that the Fund’s exposure will need to be decreased. Conversely, if the Index has fallen on a given day, net assets of the Fund should rise, meaning the Fund’s exposure will need to be increased. The Fund will concentrate its investment in a particular industry or group of industries to approximately the same extent as the Index is so concentrated.
Principal Risks
An investment in the Fund entails risk. The Fund could lose money or its performance could trail that of other investment alternatives. The Fund’s investment adviser cannot guarantee that the Fund will achieve its objective. In addition, the Fund presents some risks not traditionally associated with most mutual funds. It is important that investors closely review all of the risks listed below and understand how these risks interrelate before making an investment in the Fund. Unprecedented recent turbulence in financial markets and reduced liquidity in equity, credit and fixed income markets may negatively affect many issuers worldwide, which could have an adverse effect on the Fund. There is the risk that you could lose all or a portion of your money on your investment in the Fund.
Adverse Market Conditions Risk — Because the Fund magnifies the inverse performance of the Index, the Fund’s performance will suffer during conditions in which the Index rises.
Adviser’s Investment Strategy Risk — While the Adviser seeks to take advantage of investment opportunities for the Fund that will maximize its investment returns, there is no guarantee that such opportunities will ultimately benefit the Fund. There is no assurance that the Adviser’s investment strategy will enable the Fund to achieve its investment objective.
Concentration Risk — Concentration risk results from the Fund focusing its investments in a specific industry or group of industries. The performance of the Fund may be more volatile than a fund that does not concentrate its investments in a specific industry or group of industries. The Fund also may be more susceptible to any single economic market, political or regulatory occurrence affecting that industry or group of industries.
Counterparty Risk — The Fund may invest in financial instruments involving counterparties for the purpose of attempting to gain exposure to a particular group of securities or asset class without actually purchasing those securities or investments, or to hedge a position. These financial instruments may include swap agreements and structured notes. The use of swap agreements involves risks that are different from those associated with ordinary portfolio securities transactions. For example, the Fund bears the risk of loss of the amount expected to be received under a swap agreement in the event of the default or bankruptcy of a swap agreement counterparty. Swap agreements also may be considered to be illiquid. In addition, the Fund may enter into swap agreements that involve a limited number of counterparties, which may increase the Fund’s exposure to counterparty credit risk. Further, there is a risk that no suitable counterparties are willing to enter into, or continue to enter into, transactions with the Fund and, as a result, the Fund may not be able to achieve its investment objective.
Credit Risk — The Fund could lose money if the issuer or guarantor of a debt security goes bankrupt or is unable or unwilling to make interest payments and/or repay principal. Changes in an issuer’s financial strength or in an issuer’s or debt security’s credit rating also may affect a security’s value and thus have an impact on Fund performance.
Daily Correlation Risk — There is no guarantee that the Fund will achieve its daily target. The Fund may have difficulty achieving its daily target due to fees and expenses, high portfolio turnover, transaction costs and costs associated with the use of leveraged investment techniques and/or a temporary lack of liquidity in the markets for the securities held by the Fund. The Fund may not have investment exposure to all securities in its underlying Index, or its weighting of investment exposure to such stocks or industries may be different from that of the Index. In addition, the Fund may invest in securities or financial instruments not included in the underlying Index. The Fund may be subject to large movements of assets into and out of the Fund, potentially resulting in the Fund being over- or under-exposed to its Index. Activities surrounding annual index reconstitutions and other index rebalancing or reconstitution events may hinder the Fund’s ability to meet its daily investment objective on that day. The Fund seeks to rebalance its portfolio daily to keep leverage consistent with its daily investment objective.
Derivatives Risk — The Fund uses investment techniques, including investments in derivatives, which may be considered aggressive. Investments in derivatives are subject to market risks that may cause their prices to fluctuate over time and may increase the volatility of the Fund. The use of derivatives may expose the Fund to additional risks that it would not be subject to if it invested directly in the securities underlying those derivatives. The use of derivatives may result in larger losses or smaller gains than otherwise would be the case.
Early Close/Trading Halt Risk — An exchange or market may close or issue trading halts on specific securities, or the ability to buy or sell certain securities or financial instruments may be restricted, which may result in the Fund being unable to buy or sell certain securities or financial instruments. In such circumstances, the Fund may be unable to rebalance its portfolio, may be unable to accurately price its investments and/or may incur substantial trading losses.
Effects of Compounding and Market Volatility Risk — The Fund does not attempt to, and should not be expected to, provide returns which are a multiple of the return of the Index for periods other than a single day. The Fund rebalances its portfolio on a daily basis, increasing exposure in response to that day’s gains or reducing exposure in response to that day’s losses. This means that for a period longer than one day, the pursuit of daily goals may result in daily leveraged compounding. It also means
Summary Prospectus
2 of 5 Direxion Daily Financial Bear 3X Shares
that the return of an index over a period of time greater than one day multiplied by the Fund’s daily target (–300%) generally will not equal the Fund’s performance over that same period.
As a result, over time, the cumulative percentage increase or decrease in the value of the Fund’s portfolio may diverge significantly from the cumulative percentage increase or decrease in the multiple of the return of the Fund’s underlying index due to the compounding effect of losses and gains on the returns of the Fund. It also is expected that the Fund’s use of leverage will cause the Fund to underperform the compounded return of three times its benchmark in a trendless or flat market.
The effect of compounding becomes more pronounced on the Fund’s performance as the Index experiences volatility. The Index’s volatility rate is a statistical measure of the magnitude of fluctuations in the returns of the Index. The table below provides examples of how Index volatility could affect the Fund’s performance. The chart shows estimated Fund returns for a number of combinations of performance and volatility over a one-year period. As shown below, this Fund, or any other 3X Bear Fund, would be expected to lose 31.3% (as shown in Table 1 below) if its Index provided no return over a one year period during which the Index experienced annualized volatility of 25%. If the Index’s annualized volatility were to rise to 75%, the hypothetical loss for a one year period for the Fund widens to approximately 96.6%.
At higher ranges of volatility, there is a chance of a near complete loss of value even if the Index is flat. For instance, if the Index’s annualized volatility is 100%, the Fund would be expected to lose approximately 100% of its value, even if the cumulative Index return for the year was only 0%.
Table 1
One
–300%
Year
One Year
Index
Index
Volatility Rate
Return Return 10% 25% 50% 75% 100%
–60% 180% 1371.5% 973.9% 248.6% –46.5% –96.1%
–50% 150% 653.4% 449.8% 78.5% –72.6% –98.0%
–40% 120% 336.0% 218.2% 3.3% –84.2% –98.9%
–30% 90% 174.6% 100.4% –34.9% –90.0% –99.3%
–20% 60% 83.9% 34.2% –56.4% –93.3% –99.5%
–10% 30% 29.2% –5.7% –69.4% –95.3% –99.7%
0% 0% –5.8% –31.3% –77.7% –96.6% –99.8%
10% –30% –29.2% –48.4% –83.2% –97.4% –99.8%
20% –60% –45.5% –60.2% –87.1% –98.0% –99.9%
30% –90% –57.1% –68.7% –89.8% –98.4% –99.9%
40% –120% –65.7% –75.0% –91.9% –98.8% –99.9%
50% –150% –72.1% –79.6% –93.4% –99.0% –99.9%
60% –180% –77.0% –83.2% –94.6% –99.2% –99.9%
The Index’s annualized historical volatility rate for the five-year period ended December 31, 2009 is 42.0%. The Index’s highest volatility rate for any one calendar year during the five-year period is 67.2%. The Index’s annualized performance for the five-year period ended December 31, 2009 is –11.42%. Historical Index volatility and performance are not indications of what the Index volatility and performance will be in the future.
For additional graphs and charts demonstrating the effects of volatility and index performance on the long-term performance of the Fund, see “Additional Information Regarding Investment Techniques and Policies” and “Negative Implications of Daily Goals in Volatile Markets” in the Fund’s full prospectus, and “Special Note Regarding the Correlation Risks of Leveraged Funds” in the Fund’s Statement of Additional Information.
Holding an unmanaged position opens the investor to the risk of market volatility adversely affecting the performance of the investment. The Fund is not appropriate for investors who do not intend to actively monitor and manage their portfolios. This table is intended to underscore the fact that the Fund is designed as a short-term trading vehicle for investors who intend to actively monitor and manage their portfolios.
To fully understand the risks of market volatility on the Fund, see “Negative Implications of Daily Goals in Volatile Markets” found in the statutory prospectus.
Financial Services Companies Risk — The Fund will concentrate its investments in securities issued by, and/or have exposure to, financial services companies. As a result, the Fund is subject to legislative or regulatory changes, adverse market conditions and/or increased competition affecting the financial services companies. Profitability is largely dependent on the availability and cost of capital, and can fluctuate significantly when interest rates change. Credit losses resulting from financial difficulties of borrowers also can negatively impact the sector.
Gain Limitation Risk — If the Fund’s benchmark moves more than 33% on a given trading day in a direction adverse to the Fund, you would lose all of your money. Rafferty will attempt to position the Fund’s portfolio to ensure that the Fund does not lose more than 90% of its net asset value on a given day. The cost of such downside protection will be limitations on the Fund’s gains. As a consequence, the Fund’s portfolio may not be responsive to Index gains beyond 30% in a given day. For example, if the Index were to lose 35%, the Fund might be limited to a daily gain of 90% rather than 105%, which is 300% of the Index loss of 35%.
High Portfolio Turnover Risk — The Fund may engage in active and frequent trading leading to increased portfolio turnover, higher transaction costs, and the possibility of increased capital gains, including short-term capital gains that will generally be taxable to shareholders as ordinary income.
Interest Rate Risk — The value of the Fund’s investments in fixed income securities will fall when interest rates rise. The effect of increasing interest rates is more pronounced for any intermediate-term or longer-term fixed income obligations owned by the Fund.
Intra-Day Investment Risk — The Fund seeks daily leveraged investment results which should not be equated with seeking a leveraged goal for shorter than a day. An investor who purchases Fund shares after the close of the markets on one trading day and before the close of the markets on the next trading day will likely have more, or less, than –300% leveraged investment exposure to the Index, depending upon the movement of the Index from the end of one trading day until the time of purchase. If the Index rises, the investor will receive more than –300% exposure to the Index. Conversely, if the Index declines, the investor will receive less than –300% exposure to the Index. Investors may consult the Fund’s website at any point during the day to determine how the current value of the Index relates to the value of the Index at the end of the previous day.
Inverse Correlation Risk — Shareholders should lose money when the Fund’s target index rises, which is a result that is the opposite from traditional funds.
Leverage Risk — If you invest in the Fund, you are exposed to the risk that a decline in the daily performance of the Index will be leveraged. This means that your investment in the Fund will be reduced by an amount equal to 3% for every 1% daily decline, not including the cost of financing the portfolio and the impact of operating expenses, which would further lower your investment. The Fund could theoretically lose an amount greater than its net assets in the event of an Index increase of more than 33%. Further, purchasing shares during a day may result in greater than 300% exposure to the performance of the Index if the Index declines between the close of the markets on one trading day and before the close of the markets on the next trading day.
Summary Prospectus
3 of 5 Direxion Daily Financial Bear 3X Shares
To fully understand the risks of using leverage in the Fund, see “Effects of Compounding and Market Volatility” above.
Liquidity Risk — Some securities held by the Fund, including derivatives, may be difficult to sell or illiquid, particularly during times of market turmoil. Illiquid securities also may be difficult to value. If the Fund is forced to sell an illiquid security at an unfavorable time or at a price that is lower than Rafferty’s judgment of the security’s true market value, the Fund may be forced to sell the security at a loss. Such a situation may prevent the Fund from limiting losses, realizing gains or achieving a high correlation with the Index.
Market Risk — The Fund is subject to market risks that can affect the value of its shares. These risks include political, regulatory, market and economic developments, including developments that impact specific economic sectors, industries or segments of the market.
Market Timing Risk — Rafferty expects a significant portion of the assets of the Fund to come from professional money managers and investors who use the Funds as part of “asset allocation” and “market timing” investment strategies. These strategies often call for frequent trading which may lead to increased portfolio turnover, higher transaction costs, and the possibility of increased capital gains, including short-term capital gains that will generally be taxable to shareholders as ordinary income.
Non-Diversification Risk — The Fund is non-diversified, which means it invests a high percentage of its assets in a limited number of securities.
A non-diversified fund’s net asset values and total returns may fluctuate more or fall greater in times of weaker markets than a conventional diversified fund.
Regulatory Risk — The Fund is subject to the risk that a change in U.S. law and related regulations will impact the way the Fund operates, increase the particular costs of the Fund’s operations and/or change the competitive landscape.
Risks of Investing in Other Investment Companies and ETFs — Investments in the securities of other investment companies and ETFs, may involve duplication of advisory fees and certain other expenses. Fund shareholders indirectly bear the Fund’s proportionate share of the fees and expenses paid by shareholders of the other investment company or ETF, in addition to the fees and expenses Fund shareholders directly bear in connection with the Fund’s own operations. If the investment company or ETF fails to achieve its investment objective, the value of the Fund’s investment will decline, adversely affecting the Fund’s performance. In addition, ETF shares potentially may trade at a discount or a premium and are subject to brokerage and other trading costs, which could result in greater expenses to a Fund. Finally, because the value of ETF shares depends on the demand in the market, the Adviser may not be able to liquidate a Fund’s holdings in an ETF’s shares at the most optimal time, adversely affecting the Fund’s performance.
Shorting Risk — The Fund may engage in short sales designed to earn the Fund a profit from the decline in the price of particular securities, baskets of securities or indices. However, there is a risk that the Fund will experience a loss as a result of engaging in these short sales.
Tax and Distribution Risk — The Fund has extremely high portfolio turnover which causes the Fund to generate significant amounts of taxable income. This income is typically short-term capital gain, which is generally treated as ordinary income when distributed to shareholders, or short-term capital loss. The Fund rarely generates long-term capital gain or loss. The Fund will generally need to distribute this income in order to satisfy certain tax requirements. Because of the Fund’s high portfolio turnover, the Fund could make larger and/or more frequent distributions than traditional unleveraged ETFs. Because the Fund’s asset level changes frequently, these distributions could comprise a substantial portion or even all of the Fund’s net assets if the Fund distributes this income after a decline in its net assets. Shareholders in the Fund on the day of such distributions may receive substantial distributions, which could lead to negative tax implications for such shareholders. Potential investors are urged to consult their own tax advisers for more detailed information.
Rules governing the U.S. federal income tax aspects of certain derivatives, including total return equity swaps, real estate-related swaps, credit default swaps and other credit derivatives are not entirely clear. Because the Fund’s status as a regulated investment company might be affected if the Internal Revenue Service did not accept the Fund’s treatment of certain transactions involving derivatives, the Fund’s ability to engage in these transactions may be limited. Please see the Funds’ SAI for more information.
Tracking Error Risk — The Fund may have difficulty achieving its daily target due to fees and expenses, high portfolio turnover, transaction costs, and/or a temporary lack of liquidity in the markets for the securities held by the Fund. A failure to achieve a daily target may cause the Fund to provide returns for a longer period that are worse than expected. In addition, even though the Fund may meet its daily target over a period of time, this will not necessarily produce the returns that might be expected in light of the returns of its index or benchmark for that period.
Special Risks of Exchange-Traded Funds
Not Individually Redeemable. Shares are not individually redeemable and may be redeemed by the Fund at NAV only in large blocks known as Creation Units. You may incur brokerage costs purchasing enough Shares to constitute a Creation Unit.
Trading Issues. Trading in Shares on the Exchange may be halted due to market conditions or for reasons that, in the view of the Exchange, make trading in Shares inadvisable, such as extraordinary market volatility or other reasons. There can be no assurance that Shares will continue to meet the listing requirements of the Exchange, and the listing requirements may be amended from time to time.
Market Price Variance Risk. Individual Shares of the Fund that are listed for trading on the Exchange can be bought and sold in the secondary market at market prices. The market prices of Shares will fluctuate in response to changes in NAV and supply and demand for Shares. The Adviser cannot predict whether Shares will trade above, below or at their NAV. Differences between secondary market prices and NAV for Shares may be due largely to supply and demand forces in the secondary market, which forces may not be the same as those influencing prices for securities or instruments held by the Fund at a particular time. Given the fact that Shares can be created and redeemed in Creation Units, the Adviser believes that large discounts or premiums to the NAV of Shares should not be sustained. There may, however, be times when the market price and the NAV vary significantly and you may pay more than NAV when buying Shares on the secondary market, and you may receive less than NAV when you sell those Shares. The market price of Shares, like the price of any exchange-traded security, includes a “bid-ask spread” charged by the exchange specialists, market makers or other participants that trade the particular security. In times of severe market disruption, the bid-ask spread often increases significantly. This means that Shares may trade at a discount to NAV and the discount is likely to be greatest when the price of Shares is falling fastest, which may be the time that you most want to sell your Shares. The Fund’s investment results are measured based upon the daily NAV of the Fund.
Summary Prospectus
4 of 5 Direxion Daily Financial Bear 3X Shares
Investors purchasing and selling Shares in the secondary market may not experience investment results consistent with those experienced by those creating and redeeming directly with the Fund. There is no guarantee that an active secondary market will develop for Shares of the Fund.
Fund Performance
The following performance information provides some indication of the risks of investing in the Fund by demonstrating how its returns have varied over time. The bar chart shows the Fund’s performance for the previous calendar year. The table shows how the Fund’s average annual returns for the 1-year and since inception periods compare with those of a broad-based market index for the same periods. The Fund’s past performance, before and after taxes, is not necessarily an indication of how the Fund will perform in the future. Updated performance is available on the Fund’s website at http://direxionshares.com/etfs?performance or by calling the Fund toll free at 1-866-476-7523.
Calendar Year Total Return as of December 31
(PERFORMANCE GRAPH)
During the period of time shown in the bar chart, the Fund’s highest calendar quarter return was (6.07)% for the quarter ended December 31, 2009 and its lowest calendar quarter return was (77.24% for the quarter ended June 30, 2009.
Average Annual Total Returns (For the periods ended December 31, 2009)
Since Inception
One Year (11/6/2008)
Return Before Taxes
–94.48 % –94.91 %
Return After Taxes on Distributions
–94.48 % –94.91 %
Return After Taxes on Distributions and Sale of Fund Shares
–61.41 % –77.73 %
Russell 1000® Financial Services Index (reflects no deduction for fees, expenses or taxes)
20.07 % 12.49 %
After-tax returns are calculated using the historically highest individual federal marginal income tax rates and do not reflect the impact of state and local taxes. Actual after-tax returns depend on an investor’s tax situation and may differ from those shown, and after-tax returns are not relevant to investors who hold their Fund shares through tax-deferred arrangements, such as 401(k) plans or individual retirement accounts. In addition, the “Return After Taxes on Distributions and Sale of Fund Shares” would be higher if the investor recognized a capital loss upon the redemption of Fund shares.
Management
Investment Adviser. Rafferty Asset Management, LLC is the Fund’s investment adviser.
Portfolio Manager. Paul Brigandi, the Fund’s Portfolio Manager, is primarily responsible for the day-to-day management of the Fund and has served in this role since the Fund’s inception.
Purchase and Sale of Fund Shares
The Fund will issue and redeem Shares in exchange for cash only to Authorized Participants in large blocks, known as Creation Units, each of which is comprised of 50,000 Shares. Retail investors may only purchase and sell Fund Shares on a national securities exchange through a broker-dealer. Because the Shares trade at market prices rather than net asset value, Shares may trade at a price greater than net asset value (premium) or less than net asset value (discount).
Tax Information
Income and capital gain distributions you receive from the Fund are subject to federal income taxes and may also be subject to state and local taxes. Distributions for this Fund may be significantly higher than those of most exchange-traded funds.
Payments to Broker-Dealers and Other Financial Intermediaries
If you purchase the Fund through a broker-dealer or other financial intermediary (such as a bank or financial advisor), the Fund and/or its Adviser may pay the intermediary for the sale of Fund shares and related services. These payments may create a conflict of interest by influencing the broker-dealer or other financial intermediary and your salesperson to recommend the Fund over another investment. Ask your salesperson or visit your financial intermediary’s website for more information.
FUND.COM INC. CLASS A NEW - Nasdaq: FNDMD
Time & Sales most recent
Rec. Time Action Price Volume
Sorry, but there is no Time & Sales data for FNDMD
May show up after close of market.............
I called my friend on he floor and he see`s no ticket of the trade yet. Hmmmmmmmmmmmmmmmm!!!!!! We`ll see. The games are just starting and we`ll have a lot of extended innings on this game..........
Also of note you must sign an agreement with your broker that your shares can not be lent out, otherwise the market is flooded with shortable shares. Traders really need to learn and read all that they are doing when playing in the market, that`s why you have so few millionaires that made there money in the market through trading.......
You know it too loosely regulated and hardly enforced. And to top that off, it doesn`t apply to naked short shares held in offshore accounts. Hint, hint, LOL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sorry people but I find it a bit funny how today's stock buyer is clueless as to almost all aspects of the stock/company and the markets. Everything is electronic. It doesn`t take days and weeks to deliver shares into you account. Your shares were in your account in seconds after midnight on the 30th. Brokerages and most shareholders hold all there shares electronically. The transfer agent holds the physical copies unless you asked to have the certificate of ownership delivered to you.
It`s all on computers people and the only paper trail is the buy/sell tickets that have to be turned in daily at settlement, and that too is now mostly electronically done now. There are no certificates mostly nowadays until requested for and those of restricted or private placement shares.
I`ve got to laugh at the balls of steel the shorts have to wait this out until the last minute. If they aren`t naked shorts, then they will have to settle up within the next 29 days and cover.
Outstanding shares are correct at 867,781 as of Sept 30, 2010
Current capital change shares decreased by 1 for 120 split
Pay Date: Sept 30, 2010
Stern & Co. — Investor Relations
Los Angeles, CA
323-445-8402
http://www.sternco.com
Call and get your info from the source.
I`ve had a stock brokers license series 7 for 20 odd years so i`ve been around awhile. I keep it current for the bennies.............
No, unless your trading offshore, the order would not be accepted by most reputable brokers.
Oh we are going to trade. Sit back and have some more java and enjoy the fireworks............
I totally agree, screw that board jumping crap!!!!!!!!!!!!!!!!!!
I`m completely at home HERE with a smart group of players.
Damm, MM`s NITE and DOMS just bumped it up to $2.00 and $2.05. There goes my action for the day at a quarter............
Anyone up for unloading their shares at a quarter, i`m buying!!!!!!!!!!!!!
Wow, now we have NITE on the bid at $0.26 5,000 shares!!!!!!!!!LOL
Time to break out a boatload of depends>>>>>>>>>>>>>>>>>
The symbol is FNDMD and the D will be removed shortly so it will trade today under that ticker..............
There are no quotes per say on L4, just MM VFIN on the bid at $0.001 5,000 shares. This is a game now to set the price between the electronic players.