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Crypto

SEC Clears Path for First 3x Leverage Bitcoin ETFs

The SEC approved a Cboe rule change on October 2 clearing six triple-leveraged products from Volatility Shares, including 3x Bitcoin and 3x Ether ETFs.

Pexels – Markus Winkler

The SEC has cleared the way for the first triple-leveraged bitcoin and ether exchange-traded products sold in the United States, approving a Cboe BZX rule change on October 2 that covers six three-times-leveraged funds from issuer Volatility Shares. The order also covers 3x products on gold, silver, crude oil and natural gas, all managed as series of a single trust that Volatility Shares sponsors.

Bloomberg ETF analyst Eric Balchunas called the decision a “big win” for Volatility Shares, and the framing is apt. Less than a year ago the SEC was warning issuers that products like these might break federal leverage limits outright. Now one of them has a listing path, on an exchange, through an order the agency signed itself.

How the structure made it work

The funds will list as commodity-based trust shares under the Securities Act of 1933 rather than as conventional ETFs registered under the Investment Company Act of 1940. That distinction is the whole story. Cboe’s generic listing standards allow certain commodity trusts to list without an individual rule change, but they exclude leveraged and inverse products. Volatility Shares therefore needed a separate rule change, and got it.

Under the 1940 Act the picture is different. Rule 18f-4 imposes a value-at-risk framework that generally limits leveraged and inverse funds to roughly two times exposure, with a narrow grandfathering exception. In December 2025, SEC staff told Direxion it would not substantively review filings seeking more than 200 percent leveraged exposure until 18f-4 concerns were addressed. The October order routes around that rule rather than resolving it, because the product design puts the funds under a different statute.

Product Target exposure Listing exchange
3x Bitcoin ETF 3x daily BTC move Cboe BZX
3x Ether ETF 3x daily ETH move Cboe BZX
3x Gold ETF 3x daily gold move Cboe BZX
3x Silver ETF 3x daily silver move Cboe BZX
3x Crude Oil ETF 3x daily crude move Cboe BZX
3x Natural Gas ETF 3x daily natgas move Cboe BZX

What the funds hold

Per reporting on the order, the funds are expected to use first- and second-month futures contracts to build their exposure, with cash and cash equivalents serving as collateral. The SEC order does not set a launch date. Shares cannot trade until each fund’s registration statement is effective, so the waiting period runs through securities paperwork, not further exchange review.

Volatility Shares already offers 2x versions of both crypto funds: BITX and ETHU. Those have been on the market since before the current cycle, and they give the issuer a track record to point to when brokers decide whether to make the new product available to retail accounts. Several brokerage houses still gate leveraged and inverse volatility products behind suitability questionnaires, and a 3x daily crypto product is going to test that. BITX and ETHU launched into a smaller leveraged crypto market than the one that exists now, and the issuer has had to manage rebalancing through multiple drawdown cycles to keep the funds tracking their stated targets.

The math problem nobody removes

Daily rebalancing makes these products behave badly over longer horizons. A fund that targets three times the daily move has to trade every day to reset exposure, and that rebalancing locks in losses on whipsaw days in a way that compounds. Over months, a 3x fund can lose money in a flat market and gain less than three times the underlying in a trending one. Volatility decay is the standard name for it. Bitcoin’s own chop this month is a live illustration: BTC dropped under $84,000 in a single session this week, closing out about $547 million in leveraged longs across the market as crude oil rallied on Middle East shipping risk. A fund positioned for three times the daily move on the wrong side of a session like that gives up a large share of its capital in hours.

The SEC order does not pretend that risk away and does not address it either. It simply declines to classify the product under the rule that would constrain it. Critics of leveraged ETFs have made this point for years, but the agency’s position has generally been that disclosure, not prohibition, is the remedy for understanding risk.

What it means for access

For crypto traders, the practical effect is that tripled daily moves become available in a standard brokerage account without an exchange account, a wallet, or an offshore derivatives platform. Bitcoin trading already runs on futures leverage at venues like Binance and Hyperliquid, and the SEC has now let that same kind of exposure into the regulated wrapper market. Whether it attracts real assets is the open question. Leveraged commodity ETPs historically gather assets when a trend runs and bleed them when it stalls, and crypto has been doing plenty of stalling this month.

Timing matters here, too. Ether ETFs just posted a sixth straight day of outflows at $202 million, with BlackRock’s ETHA responsible for the entire day’s redemption, while bitcoin funds took in $119 million net. Investors have been trimming crypto exposure rather than adding it, and a 3x daily product launching into that sentiment will need either a trend or a drawdown big enough to pull traders off the fence.

The funds begin as filings rather than tradeable tickers, so the next step is registration effectiveness and a launch calendar from Volatility Shares. Until then, the story is a rule change, not a product.

SourcesSEC Release No. 34-106577; Benzinga; Yahoo Finance; KuCoin News.
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