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 US DOLLAR INDEX TRUST
(Registrant)
INVESCO DB US DOLLAR INDEX BULLISH FUND
INVESCO DB US DOLLAR INDEX BEARISH FUND
(Co-Registrants)
(Exact name of registrant as specified in its charter)
| Delaware | 001-33317; 001-33314; 001-33318; | 87-0778080 (Trust) | ||
|
(State or other jurisdiction of incorporation) |
(Commission File Numbers) |
(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) | |||
(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 US Dollar Bullish Fund and PowerShares DB US Dollar Bearish 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 US Dollar Index 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 US Dollar Index Trust to Invesco DB US Dollar Index Trust and the Funds’ names changed from PowerShares DB US Dollar Index Bullish Fund and PowerShares DB US Dollar Index Bearish Fund to Invesco DB US Dollar Index Bullish Fund and Invesco US Dollar Index Bearish 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 US Dollar Index Trust | ||||||
|
By: |
Invesco Capital Management LLC, its Managing Owner |
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|
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By: |
|
/s/ Daniel Draper | |||
| Name: |
Daniel Draper |
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| Date: |
June 4, 2018 |
|||||
| Title: |
Principal Executive Officer |
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Exhibit 4.1.2
AMENDMENT NO. 2 TO THE
FIFTH AMENDED AND RESTATED
DECLARATION OF TRUST AND TRUST AGREEMENT
OF
POWERSHARES DB US DOLLAR INDEX 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 US Dollar Index 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 Trust 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 US Dollar Index Trust, a Delaware statutory trust formed 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: |
“The name of the Trust is “Invesco DB US Dollar Index 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 two initial series appearing in Section 3.2(a) deleted in its entirety and replaced follows: |
“Invesco DB US Dollar Index Bullish Fund; and
Invesco DB US Dollar Index Bearish Fund”
| 4. | Effective as of June 4, 2018, all other references to Invesco PowerShares Capital Management LLC, PowerShares DB US Dollar Index Trust, PowerShares DB US Dollar Index Bullish Fund, and PowerShares DB US Dollar Index Bearish 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 US Dollar Index Trust | Invesco DB US Dollar Index Trust | |
|
PowerShares DB US Dollar Index Bearish Fund |
Invesco DB US Dollar Index Bearish Fund | |
|
PowerShares DB US Dollar Index Bullish Fund |
Invesco DB US Dollar Index Bullish 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. |
IN WITNESS WHEREOF , this Amendment No. 2 has been executed for and on behalf of the undersigned as of the 4 th day of June, 2018.
| Invesco Capital Management LLC (f/k/a Invesco PowerShares Capital Management LLC), as Managing Owner | ||
| By: |
/s/ Daniel Draper |
|
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Name: Daniel Draper Title: Chief Executive Officer |
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Acknowledged : WILMINGTON TRUST COMPANY , not in its individual capacity but solely as Trustee of the Fund |
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| By: |
/s/ David B. Young |
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Name: David B. Young Title: Vice President |
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[Signature Page to Amendment No. 2 to DXY Fifth Amended and Restated Declaration of Trust]