SEC Issues Investor Warning Related to Single-Stock ETFs

Posted on July 26th, 2022 at 3:32 PM
SEC Issues Investor Warning Related to Single-Stock ETFs

From the Desk of Jim Eccleston at Eccleston Law:

While the Securities and Exchange Commission (SEC) has regularly updated its regulatory framework to address the introduction of complex exchange-traded products (ETPs), the SEC now is warning investors about single-stock exchange-traded funds (ETFs), which are set to soon hit the market. 

Single-stock ETFs offer leveraged, inverse or other complex exposure to one single security rather than a portfolio of diversified securities. The SEC is concerned about the risks single-stock ETFs pose to retail investors and the market as a whole. In 2019, the SEC adopted Rule 6c-11 under the Investment Company Act of 1940, which promulgated a framework enabling ETFs to meet certain conditions to come directly to market without initially obtaining SEC permission. While Rule 6c-11 fails to mention single-stock ETFs, issuers are planning to utilize the rule to bring the products to market. 

Similar to most leveraged and inverse products, the single-stock ETFs will rebalance on a daily basis, which may cause ETF returns to substantially diverge from the performance of one underlying stock. In essence, investors may generate lower-than-expected returns in comparison to the performance of the underlying stock if the products are held over a longer period of time. According to the SEC, it would be difficult for an investment advisor to recommend this type of product to a retail investor without violating his or her fiduciary obligations under Regulation Best Interest (Reg BI). While single-stock ETFs may be a useful tool to certain investors, the products pose a substantial risk to numerous retail investors and the market as a whole. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, SEC, ETFs

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

November 20, 2025
Supreme Alliance Fined for Failure to Supervise Variable Annuity Sales

The Financial Industry Regulatory Authority (FINRA) has fined Supreme Alliance $80,000 for failing to supervise recommendations and exchanges involving deferred variable annuities, as well as for failing to document background checks for newly hired registered representatives.

November 19, 2025
Lawsuit Accuses Inspired Healthcare Capital of Concealing Insolvency

According to news sources, a new lawsuit alleges that Inspired Healthcare Capital (IHC) and its CEO, Luke Lee, misrepresented the company’s financial health and concealed insolvency from a lender who extended a $1.5 million loan in late 2024.

 

November 18, 2025
Former FINRA Brokers with Misconduct Histories Flock to Insurance Industry, According to Recent Study

A recent academic study reveals that thousands of brokers expelled from the securities industry for misconduct nonetheless continue to operate under state insurance licenses, often selling annuities and other financial products to unsuspecting clients.