abrdn Silver ETF Trust - Quarter Report: 2010 September (Form 10-Q)
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION |
Washington, D.C. 20549 |
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Form 10-Q |
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
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For the Quarterly Period Ended September 30, 2010 |
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or |
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
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For the Transition Period from _____ to _____ |
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Commission File Number: 001-34412 |
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ETFS SILVER TRUST |
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(Exact name of registrant as specified in its charter) |
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New York |
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26-4586763 |
(State or
other jurisdiction of |
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(I.R.S.
Employer |
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c/o ETF
Securities USA LLC |
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10005 |
(Address of principal executive offices) |
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(Zip Code) |
Registrants
telephone number, including area code:
(212) 918-4954
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes x No o
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes o No x
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definitions of large accelerated filer, accelerated filer, and smaller reporting company in Rule 12b-2 of the Exchange Act. (Check one):
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Large accelerated filer o |
Accelerated filer o |
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Non-accelerated filer x |
Smaller reporting company o |
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Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). |
Yes o No x |
14,100,000 shares outstanding as of November 11, 2010.
ETFS SILVER TRUST
FORM 10-Q
FOR THE QUARTER ENDED SEPTEMBER 30, 2010
INDEX
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2 |
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2 |
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Managements Discussion and Analysis of Financial Condition and Results of Operations |
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12 |
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14 |
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14 |
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14 |
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15 |
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15 |
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15 |
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ETFS SILVER TRUST
Item 1. Financial Statements (unaudited)
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Condensed Statements of Condition (unaudited) |
At September 30, 2010 and December 31, 2009 |
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September 30, |
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December 31, |
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ASSETS |
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Investment in Silver(2) |
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$ |
183,966,701 |
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$ |
139,223,967 |
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Silver receivable |
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4,398,259 |
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Total Assets |
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$ |
188,364,960 |
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$ |
139,223,967 |
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LIABILITIES |
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Accounts payable to Sponsor, net of waiver |
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$ |
51,625 |
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$ |
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Total Liabilities |
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$ |
51,625 |
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$ |
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Redeemable Shares: |
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Shares at redemption value to investors (3) |
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246,306,036 |
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156,066,265 |
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Shareholders Deficit |
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$ |
(57,992,701 |
) |
$ |
(16,842,298 |
) |
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Total Liabilities, Redeemable Shares & Shareholders Deficit |
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$ |
188,364,960 |
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$ |
139,223,967 |
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(1) |
Derived from audited statement of condition as of December 31, 2009. |
(2) |
The market value of investment in Silver as at September 30, 2010 was $241,959,402 and as at December 31, 2009, was $156,066,265. |
(3) |
Authorized Share capital is unlimited and no par value per Share. Shares issued and outstanding as at September 30, 2010 were 11,200,000 and as at December 31, 2009 were 9,200,000. |
See Notes to the Unaudited Condensed Financial Statements
2
ETFS SILVER TRUST
Condensed Statements of Operations (unaudited)
For the three and nine months ended September 30, 2010
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Three Months Ended |
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Period from July 20, |
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Nine Months Ended |
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REVENUES |
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Value of Silver transferred to pay expenses |
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$ |
124,846 |
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$ |
36,294 |
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$ |
256,288 |
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Cost of Silver transferred to pay expenses |
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(109,839 |
) |
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(34,526 |
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(227,300 |
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Gain on Silver transferred to pay expenses |
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15,007 |
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1,768 |
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28,988 |
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Gain on Silver distributed for the redemption of Shares |
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7,621,323 |
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Total gain on Silver |
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$ |
15,007 |
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$ |
1,768 |
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$ |
7,650,311 |
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EXPENSES |
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Sponsor fees |
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136,759 |
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70,988 |
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308,023 |
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Total expenses |
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136,759 |
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70,988 |
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308,023 |
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Net (loss)/gain from operations |
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$ |
(121,752 |
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$ |
(69,220 |
) |
$ |
7,342,288 |
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Net (loss)/gain per Share |
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$ |
(0.01 |
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$ |
(0.01 |
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$ |
0.87 |
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Weighted average number of Shares |
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9,534,783 |
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6,007,246 |
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8,454,212 |
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* Date of Inception.
See Notes to the
Unaudited Condensed Financial Statements
3
ETFS SILVER TRUST
Condensed Statements of Cash Flows (unaudited)
For the three and nine months ended September 30, 2010
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INCREASE / (DECREASE) IN CASH FROM |
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Three Months Ended |
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Period from July 20, |
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Nine Months |
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Cash proceeds received from transfer of Silver |
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$ |
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$ |
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$ |
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Cash expenses paid |
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Increase in cash resulting from operations |
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Cash and cash equivalents at beginning of period |
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Cash and cash equivalents at end of period |
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$ |
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$ |
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$ |
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SUPPLEMENTAL DISCLOSURE OF NON-CASH FINANCING ACTIVITIES: |
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Value of Silver received for creation of Shares |
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$ |
45,221,810 |
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$ |
106,747,867 |
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$ |
99,796,419 |
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Value of Silver distributed for redemption of Shares - at average cost |
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$ |
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$ |
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$ |
54,826,384 |
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RECONCILIATION OF NET GAIN/(LOSS) TO NET |
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Three Months |
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Period from July 20, |
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Nine Months |
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Net (loss)/gain from operations |
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$ |
(121,752 |
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$ |
(69,220 |
) |
$ |
7,342,288 |
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Adjustments to reconcile net loss to net cash provided by (used in) operating activities: |
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Increase in Silver assets |
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(45,111,970 |
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(106,713,342 |
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(44,742,734 |
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Increase in Silver receivable |
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(4,398,259 |
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(4,398,259 |
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Increase in accounts payable to Sponsor |
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11,803 |
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38,786 |
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51,625 |
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Increase/(decrease) in redeemable Shares: |
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Creations |
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49,620,178 |
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106,743,776 |
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104,194,787 |
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Redemptions |
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(62,447,707 |
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Net cash provided by operating activities |
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$ |
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$ |
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$ |
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Supplemental disclosure of non-cash item: |
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Value of Silver transferred to pay expenses |
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$ |
124,846 |
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$ |
36,294 |
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$ |
256,288 |
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* Date of Inception.
See Notes to the
Unaudited Condensed Financial Statements
4
ETFS SILVER TRUST
Condensed Statement of Changes in Shareholders Deficit (unaudited)
For the nine months ended September 30, 2010
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Nine Months |
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Shareholders Deficit opening balance |
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$ |
(16,842,298 |
) |
Net gain for the period |
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7,342,288 |
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Adjustment of Redeemable Shares to redemption value |
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(48,492,691 |
) |
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Shareholders Deficit closing balance |
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$ |
(57,992,701 |
) |
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See Notes to the
Unaudited Condensed Financial Statements
5
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
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1. |
Organization |
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The ETFS Silver Trust (the Trust) is an investment trust formed on July 20, 2009 (the Date of Inception) under New York law pursuant to a depositary trust agreement (the Trust Agreement) executed by ETF Securities USA LLC (the Sponsor) and the Bank of New York Mellon (the Trustee) at the time of the Trusts organization. The Trust holds Silver bullion and issues shares (Shares) (in minimum blocks of 100,000 Shares, also referred to as Baskets) in exchange for deposits of Silver and distributes Silver in connection with the redemption of Baskets. Shares represent units of fractional undivided beneficial interest in and ownership of the Trust which are issued by the Trust. The Sponsor is a Delaware limited liability company and a wholly-owned subsidiary of ETF Securities Limited, a Jersey, Channel Islands based company. The Trust is governed by the Trust Agreement. |
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The investment objective of the Trust is for the Shares to reflect the performance of the price of Silver, less the Trusts expenses and liabilities. The Trust is designed to provide an individual owner of beneficial interests in the Shares (a Shareholder) an opportunity to participate in the Silver market through an investment in securities. The fiscal year end for the Trust is December 31. |
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The accompanying unaudited financial statements were prepared in accordance with the accounting principles generally accepted in the United States of America for interim financial information and with the instructions for the Form 10-Q. In the opinion of management of the Sponsor, all adjustments (which include normal recurring adjustments) necessary to present fairly the financial position, results of operations and cash flows as of and for the three and nine months ended September 30, 2010 have been made. |
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Certain information and footnote disclosures normally included in financial statements prepared in accordance with accounting principles generally accepted in the United States of America have been condensed or omitted. These condensed financial statements should be read in conjunction with the Trusts Annual Report on Form 10-K for the fiscal year ended December 31, 2009. The results of operations for the three and nine months ended September 30, 2010 are not necessarily indicative of the operating results for the full year. |
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2. |
Significant Accounting Policies |
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The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires those responsible for preparing financial statements to make estimates and assumptions that affect the reported amounts and disclosures. Actual results could differ from those estimates. The following is a summary of significant accounting policies followed by the Trust. |
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2.1. |
Valuation of Silver |
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Silver is held by HSBC Bank USA, National Association (the Custodian) on behalf of the Trust and is valued, for financial statement purposes, at the lower of cost or market. The cost of Silver is determined according to the average cost method and the market value is based on the London Fix used to determine the net asset value (the NAV) of the Trust. Realized gains and losses on transfers of Silver, or Silver distributed for the redemption of Shares, are calculated on a trade date basis using average cost. The London Fix price for Silver is set by three market making members of the London Bullion Market Association at approximately 12:00 noon London Time, on each working day. |
6
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
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2. |
Significant Accounting Policies (continued) |
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2.1. |
Valuation of Silver (continued) |
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Once the value of Silver has been determined, the NAV is computed by the Trustee by deducting all accrued fees and other liabilities of the Trust, including the remuneration due to the Sponsor (the Sponsors Fee), from the fair value of the Silver and all other assets held by the Trust. |
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The table below summarizes the unrealized gains or losses on the Trusts Silver holdings as of September 30, 2010 and December 31, 2009: |
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September 30, 2010 |
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December 31, 2009 |
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Investment in Silver-average cost |
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$ |
183,966,701 |
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$ |
139,223,967 |
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Unrealized gain on investment in Silver |
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57,992,701 |
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16,842,298 |
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Investment in Silver-market value |
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$ |
241,959,402 |
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$ |
156,066,265 |
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The Trust recognizes the diminution in value of the investment in Silver which arises from market declines on an interim basis. Increases in the value of the investment in Silver through market price recoveries in later interim periods of the same fiscal year are recognized in the later interim period. Increases in value recognized on an interim basis may not exceed the previously recognized diminution in value. |
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The per Share amount of Silver exchanged for a purchase or redemption is calculated daily by the Trustee, using the London Fix to calculate the Silver amount in respect of any liabilities for which covering Silver sales have not yet been made, and represents the per-Share amount of Silver held by the Trust, after giving effect to its liabilities, to cover expenses and liabilities and any losses that may have occurred. |
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2.2. |
Silver Receivable and Payable |
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Silver receivable or payable represents the quantity of Silver covered by contractually binding orders for the creation or redemption of Shares respectively, where the Silver has not yet been transferred to or from the Trusts account. Generally, ownership of the Silver is transferred within three days of trade date. As of September 30, 2010 there was $4,398,259 of Silver receivable and no Silver payable and as of December 31, 2009 there was no Silver receivable or payable. |
7
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
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2. |
Significant Accounting Policies (continued) |
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2.3. |
Creations and Redemptions of Shares |
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The Trust expects to create and redeem Shares from time to time, but only in one or more Baskets (a Basket equals a block of 100,000 Shares). The Trust issues Shares in Baskets to Authorized Participants on an ongoing basis. Individual investors cannot purchase or redeem Shares in direct transactions with the Trust. An Authorized Participant is a person who (1) is a registered broker-dealer or other securities market participant such as a bank or other financial institution which is not required to register as a broker-dealer to engage in securities transactions, (2) is a participant in The Depository Trust Company, (3) has entered into an Authorized Participant Agreement with the Trustee, and (4) has established an Authorized Participant Unallocated Account with the Trusts Custodian. An Authorized Participant Agreement is an agreement entered into by each Authorized Participant, the Sponsor and the Trustee which provides the procedures for the creation and redemption of Baskets and for the delivery of the Silver required for such creations and redemptions. An Authorized Participant Unallocated Account is an unallocated Silver account established with the Custodian or a Silver clearing bank by an Authorized Participant. |
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The creation and redemption of Baskets is only made in exchange for the delivery to the Trust or the distribution by the Trust of the amount of Silver represented by the Baskets being created or redeemed, the amount of which is based on the combined NAV of the number of Shares included in the Baskets being created or redeemed determined on the day the order to create or redeem Baskets is properly received. |
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Authorized Participants may, on any business day, place an order with the Trustee to create or redeem one or more Baskets. The typical settlement period for Shares is three business days. In the event of a trade date at period end, where a settlement is pending, a respective account receivable and/or payable will be recorded. When Silver is exchanged in settlement of redemption, it is considered a sale of Silver for financial statement purposes. |
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The Shares of the Trust are classified as Redeemable Capital Shares for financial statement purposes, since they are subject to redemption at the option of Authorized Participants. Outstanding Shares are reflected at redemption value, which represents the maximum obligation (based on NAV per Share), with the difference from historical cost recorded as an offsetting amount to retained earnings. Changes in the Shares for the nine months ended September 30, 2010 and for the period from the Date of Inception through December 31, 2009 are as follows: |
Number of Redeemable Shares: |
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Nine Months |
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For the period |
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Opening balance |
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9,200,000 |
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Creations |
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5,600,000 |
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10,700,000 |
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Redemptions |
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(3,600,000 |
) |
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(1,500,000 |
) |
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Closing balance |
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11,200,000 |
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9,200,000 |
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8
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
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2. |
Significant Accounting Policies (continued) |
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2.3. |
Creations and Redemptions of Shares (continued) |
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Redeemable Shares: |
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Nine Months |
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For the period |
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Opening balance |
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$ |
156,066,265 |
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$ |
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Creations |
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104,194,787 |
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|
161,914,997 |
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Redemptions |
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(62,447,707 |
) |
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(26,355,421 |
) |
Adjustment to redemption value |
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|
48,492,691 |
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|
20,506,689 |
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Closing balance |
|
$ |
246,306,036 |
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$ |
156,066,265 |
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Redemption value per Share at period end |
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$ |
21.99 |
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$ |
16.96 |
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|
|
|
*Date of Inception. |
|
|
|
|
|
|
|
|
|
2.4. |
Revenue Recognition Policy |
|
|
The primary expense of the Trust is the Sponsors Fee, which is paid by the Trust through in-kind transfers of Silver to the Sponsor. With respect to expenses not otherwise assumed by the Sponsor, the Trustee will, at the direction of the Sponsor or in its own discretion, sell the Trusts Silver as necessary to pay these expenses. When selling Silver to pay expenses, the Trustee will endeavor to sell the smallest amounts of Silver needed to pay these expenses in order to minimize the Trusts holdings of assets other than Silver. |
|
|
|
Unless otherwise directed by the Sponsor, when selling Silver the Trustee will endeavor to sell at the price established by the London Fix. The Trustee will place orders with dealers (which may include the Custodian) through which the Trustee expects to receive the most favorable price and execution of orders. The Custodian may be the purchaser of such Silver only if the sale transaction is made at the next London Fix, or such other publicly available price that the Sponsor deems fair, in each case as set following the sale order. A gain or loss is recognized based on the difference between the selling price and the average cost of the Silver sold. Neither the Trustee nor the Sponsor is liable for depreciation or loss incurred by reason of any sale. |
|
|
|
2.5. |
Income Taxes |
|
|
The Trust is classified as a grantor trust for U.S. federal income tax purposes. As a result, the Trust itself will not be subject to U.S. federal income tax. Instead, the Trusts income and expenses will flow through to the Shareholders, and the Trustee will report the Trusts proceeds, income, deductions, gains, and losses to the Internal Revenue Service on that basis. |
|
|
|
The Trust has adopted Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 740-10, Income Taxes (formerly FASB Interpretation Number 48, Accounting for Uncertainty in Income Taxes). The Sponsor has evaluated the application of ASC 740 to the Trust, to determine whether or not there are uncertain tax positions that require financial statement recognition. Based on this evaluation, the Trust has determined no reserves for uncertain tax positions are required to be recorded as a result of the application of ASC 740. As a result, no income tax liability or expense has been recorded in the accompanying financial statements. |
9
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
|
|
2. |
Significant Accounting Policies (continued) |
|
|
2.6. |
Investment in Silver |
The following represents the changes in ounces of Silver and the respective values for the three months ended September 30, 2010 and for the period from the Date of Inception through December 31, 2009:
|
|
|
|
|
|
|
|
|
|
Nine Months Ended |
|
For the period July |
|
||
|
|
|
|
|
|
||
Ounces of Silver: |
|
|
|
|
|
|
|
Opening Balance |
|
|
9,185,771.9 |
|
|
|
|
Creations |
|
|
5,385,917.5 |
|
|
10,696,328.6 |
|
Redemptions |
|
|
(3,594,033.1 |
) |
|
(1,498,198.4 |
) |
Transfers of Silver |
|
|
(14,384.8 |
) |
|
(12,358.3 |
) |
|
|
|
|
|
|
|
|
Closing Balance |
|
|
10,963,271.5 |
|
|
9,185,771.9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment in Silver (lower of cost or market): |
|
|
|
|
|
|
|
Opening balance |
|
$ |
139,223,967 |
|
$ |
|
|
Creations |
|
|
99,796,419 |
|
|
161,927,868 |
|
Redemptions |
|
|
(54,826,384 |
) |
|
(22,525,374 |
) |
Transfers of Silver |
|
|
(227,301 |
) |
|
(178,527 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Closing balance |
|
$ |
183,966,701 |
|
$ |
139,223,967 |
|
|
|
|
|
|
|
|
|
* Date of Inception. |
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|
|
|
|
|
|
|
|
2.7. |
Expenses |
The Trust will transfer Silver to the Sponsor to pay the Sponsors Fee that will accrue daily at an annualized rate equal to 0.45% of the adjusted net asset value (ANAV) of the Trust, paid monthly in arrears. Presently, the Sponsor is continuing to waive a portion of its fee and reduce the Sponsors Fee to 0.30% (which it has done since the Date of Inception).
The Sponsor has agreed to assume administrative and marketing expenses incurred by the Trust, including the Trustees monthly fee and out-of-pocket expenses, the Custodians fee and the reimbursement of the Custodians expenses, exchange listing fees, United States Securities and Exchange Commission (the SEC) registration fees, printing and mailing costs, audit fees and certain legal expenses.
At September 30, 2010, the fees payable to the Sponsor were $51,625 (September 30, 2009, $38,786). For the nine months ended September 30, 2010, the Sponsor waived $207,562 (period from the Date of Inception through September 30, 2009, $22,500).
10
ETFS SILVER TRUST
Notes to the Unaudited Condensed Financial Statements
|
|
2. |
Significant Accounting Policies (continued) |
|
|
2.8. |
Organization Cost |
|
|
Expenses incurred in organizing the Trust and the initial offering of the Shares, including applicable SEC registration fees, of approximately $1,153,000, were borne directly by the Sponsor. The Trust will not be obligated to reimburse the Sponsor. |
|
|
|
3. |
Related Parties |
|
|
The Sponsor and the Trustee are considered to be related parties to the Trust. The Trustees fee is paid by the Sponsor and is not a separate expense of the Trust. The Trustee and the Custodian and their affiliates may from time to time act as Authorized Participants or purchase or sell Silver or Shares for their own account, as agent for their customers and for accounts over which they exercise investment discretion. |
|
|
|
4. |
Concentration of Risk |
|
|
The Trusts sole business activity is the investment in Silver, and substantially all the Trusts assets are holdings of Silver which creates a concentration of risk associated with fluctuations in the price of Silver. Several factors could affect the price of Silver, including: (i) global Silver supply and demand, which is influenced by factors such as forward selling by Silver producers, purchases made by Silver producers to unwind Silver hedge positions, central bank purchases and sales, and production and cost levels in major Silver-producing countries; (ii) investors expectations with respect to the rate of inflation; (iii) currency exchange rates; (iv) interest rates; (v) investment and trading activities of hedge funds and commodity funds; and (vi) global or regional political, economic or financial events and situations. In addition, there is no assurance that Silver will maintain its long-term value in terms of purchasing power in the future. In the event that the price of Silver declines, the Sponsor expects the value of an investment in the Shares to decline proportionately. Each of these events could have a material effect on the Trusts financial position and results of operations. |
|
|
|
5. |
Indemnification |
|
|
Under the Trusts organizational documents, each of the Trustee (and its directors, employees and agents) and the Sponsor (and its members, managers, directors, officers, employees and affiliates) is indemnified by the Trust against any liability, cost or expense it incurs without gross negligence, bad faith or willful misconduct on its part and without reckless disregard on its part of its obligations and duties under the Trusts organizational documents. The Trusts maximum exposure under these arrangements is unknown as this would involve future claims that may be made against the Trust that have not yet occurred. |
|
|
|
6. |
Subsequent Events |
|
|
In accordance with the provisions set forth in FASB ASC 855-10, Subsequent Events, the Trusts management has evaluated the possibility of subsequent events existing in the Trusts financial statements through the filing date. |
11
Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations
This information should be read in conjunction with the financial statements and notes to the financial statements included in Item 1 of Part 1 of this Form 10-Q. The discussion and analysis that follows may contain forward-looking statements with respect to the Trusts financial conditions, operations, future performance and business. These statements can be identified by the use of the words may, should, expect, plan, anticipate, believe, estimate, predict, potential or similar words and phrases. These statements are based upon certain assumptions and analyses the Sponsor has made based on its perception of historical trends, current conditions and expected future developments. Neither the Trust nor the Sponsor is under a duty to update any of the forward-looking statements, to conform such statements to actual results or to reflect a change in managements expectations or predictions.
Introduction
The Trust is a common law trust, formed under the laws of the state of New York on the Date of Inception. The Trust is not managed like a corporation or an active investment vehicle. It does not have any officers, directors or employees and is administered by the Trustee pursuant to the Trust Agreement. The Trust is not registered as an investment company under the Investment Company Act of 1940 and is not required to register under such act. It will not hold or trade in commodity futures contracts, nor is it a commodity pool, subject to regulation as a commodity pool operator or a commodity trading adviser in connection with issuing Shares.
The Trust holds Silver and is expected to issue Baskets in exchange for deposits of Silver, and to distribute Silver in connection with redemptions of Baskets. Shares issued by the Trust represent units of undivided beneficial interest in and ownership of the Trust. The investment objective of the Trust is for the Shares to reflect the performance of the price of Silver, less the Trusts expenses. The Sponsor believes that, for many investors, the Shares will represent a cost effective investment relative to traditional means of investing in Silver.
The Trust issues and redeems Shares only with Authorized Participants in exchange for Silver, only in aggregations of 100,000 or integral multiples thereof. A list of current Authorized Participants is available from the Sponsor or the Trustee.
Shares of the Trust trade on the New York Stock Exchange (the NYSE) Arca under the symbol SIVR.
Valuation of Silver and Computation of Net Asset Value
As of the London Fix on each day that the NYSE Arca is open for regular trading or as soon as practicable after 4:00 p.m. New York time on such day (the Evaluation Time), the Trustee values the Silver held by the Trust and determines both the ANAV and the NAV of the Trust.
At the Evaluation Time, the Trustee values the Trusts Silver on the basis of that days London Fix, or, if no London Fix is made on such day or has not been announced by the Evaluation Time, the next most recent London Fix determined prior to the Evaluation Time is used, unless the Sponsor determines that such price is inappropriate as a basis for valuation. In the case this determination is made, the Sponsor will identify an alternative basis for such evaluation to be used by the Trustee.
Once the value of the Silver held by the Trust has been determined, the Trustee subtracts all estimated accrued but unpaid fees and other liabilities of the Trust from the total value of the Silver and all other assets of the Trust. The resulting figure is the ANAV of the Trust. The ANAV is used to compute the Sponsors Fee.
The Trustee then subtracts from the ANAV the amount of accrued Sponsors Fees computed for such day to determine the NAV of the Trust. The Trustee also determines the NAV per Share by dividing the NAV of the Trust by the number of Shares outstanding as of the close of trading on the NYSE Arca.
12
The Quarter Ended September 30, 2010
During the period the market value of the Trusts assets increased from $161,838,703 on July 1, 2010 to $246,357,661 on September 30, 2010, representing a 52.22% increase. The number of Shares outstanding increased from 8,700,000 at July 1, 2010 to 11,200,000 at September 30, 2010, with 25 Baskets created and no Baskets redeemed, representing 2,500,000 Shares created.
The NAV per Share increased from $18.60 on July 1, 2010 to $21.99 on September 30, 2010. The NAV per Share increased proportionately slightly less than the price per ounce of Silver ($18.65 on July 1, 2010 to $22.07 on September 30, 2010) due to the Sponsors Fee, which was $136,759 for the quarter.
The NAV per Share of $21.99, on September 30, 2010, was the highest during the quarter, compared with a low of $17.50 on July 20, 2010.
Net loss for the quarter was $121,752, resulting from a net gain of $15,007 on the transfer of Silver to pay the Sponsors Fee, which was offset by the Sponsors Fees of $136,759. Other than the Sponsors Fee, the Trust had no other expenses during the period.
The Nine Months Ended September 30, 2010
During the period the market value of the Trusts assets increased from $157,719,704 on January 4, 2010 (January 1-3, 2010 were not business days; the market value of the Trusts assets on December 31, 2009 was $156,066,265) to $246,357,661 at September 30 2010, representing a 5.62% increase. The number of Shares outstanding increased from 9,200,000 at January 1, 2010 to 11,200,000 at September 30 2010, with 56 Baskets created and 36 Baskets redeemed, representing 2,000,000 net Shares created.
The NAV per Share increased from $17.15 on January 4, 2010 to $21.99 on September 30, 2010. The NAV per Share increased proportionately slightly less than the price per ounce of Silver ($17.17 on January 4, 2010 to $22.07 on September 30, 2010) due to Sponsors Fee, which was $308,023 for the nine months. Other than the Sponsors Fee, the Trust had no other expenses during the period.
The NAV per Share of $21.99, on September 30, 2010, was the highest during the period, compared with a low of $15.12 on February 8, 2010.
Net gain for the period was $7,342,288, resulting from a net gain of $28,988 on the transfer of Silver to pay the Sponsors Fee and a net gain of $7,621,323 on Silver distributed for the redemptions of Baskets, which was offset by the Sponsors Fees of $308,023. Other than the Sponsors Fee, the Trust had no other expenses during the period.
Liquidity & Capital Resources
The Trust is not aware of any trends, demands, commitments, events or uncertainties that are reasonably likely to result in material changes to its liquidity needs. In exchange for the Sponsors Fee, the Sponsor has agreed to assume most of the expenses incurred by the Trust. As a result, the only ordinary expense of the Trust during the period covered by this report was the Sponsors Fee. The Trusts only source of liquidity is its transfers and sales of Silver.
The Trustee will, at the direction of the Sponsor or in its own discretion, sell the Trusts Silver as necessary to pay the Trusts expenses not otherwise assumed by the Sponsor. The Trustee will not sell Silver to pay the Sponsors Fee but will pay the Sponsors Fee through in-kind transfers of Silver to the Sponsor. At September 30, 2010 the Trust did not have any cash balances.
Critical Accounting Estimates
The financial statements and accompanying notes are prepared in accordance with accounting principles generally accepted in the United States of America. The preparation of these financial statements relies on estimates and assumptions that impact the Trusts financial position and results of operations. These estimates and assumptions affect the Trusts application of accounting policies. In addition, please refer to Note 2 to the financial statements for further discussion of accounting policies.
13
Item 3. Quantitative and Qualitative Disclosures About Market Risk
Not applicable.
Item 4. Controls and Procedures
The authorized officers of the Sponsor performing functions equivalent to those that a principal executive officer and principal financial officer of the Trust would perform if the Trust had any officers, and with the participation of the Trustee, have evaluated the effectiveness of the Trusts disclosure controls and procedures, and have concluded that the disclosure controls and procedures of the Trust have been effective as of the end of the period covered by this Form 10-Q.
There have been changes in the Trusts or Sponsors internal control over financial reporting that occurred during the Trusts third fiscal quarter that have materially affected, or are reasonably likely to materially affect, the Trusts or Sponsors internal control over financial reporting; these changes have occurred as a result of the Sponsors review of the control processes; the changes made strengthen the review and reconciliation procedures over the financial statements.
Item 4T. Controls and Procedures
Not applicable.
14
None.
There have been no material changes to the risk factors since last disclosed in the prospectus included in the registrants registration statement filed on Form S-1 on July 21, 2009.
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds
|
|
Item 2(a). |
None. |
|
|
Item 2(b). |
Not applicable. |
|
|
Item 2(c). |
For the three months ended September 30, 2010: |
|
|
|
25 Baskets were created. |
|
|
|
No Baskets were redeemed. |
|
|
|
|
|
|
|
|
|
|
|
Period |
|
Total Baskets |
|
Total Shares |
|
Average Ounces of |
|
|||
|
|
|
|
|
|
|
|
|||
07/01/10-07/31/10 |
|
|
|
|
|
|
|
|
|
|
08/01/10-08/31/10 |
|
|
|
|
|
|
|
|
|
|
09/01/10-09/30/10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
Item 3. Defaults Upon Senior Securities
None.
Item 4. (Removed and Reserved)
None.
None.
15
(a) Exhibits
|
|
31.1 |
Chief Executive Officers Certificate, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|
|
31.2 |
Chief Financial Officers Certificate, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|
|
32.1 |
Chief Executive Officers Certificate, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
|
|
32.2 |
Chief Financial Officers Certificate, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
16
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 in the capacities thereunto duly authorized.
|
|
|
ETF SECURITIES USA LLC |
|
Sponsor of the ETFS Silver Trust |
|
(Registrant) |
|
|
Date: November 12, 2010 |
/s/ Graham Tuckwell |
|
|
|
Graham Tuckwell |
|
President and Chief Executive Officer |
|
(Principal Executive Officer) |
|
|
Date: November 12, 2010 |
/s/ Thomas Quigley |
|
|
|
Thomas Quigley |
|
Chief Financial Officer and Treasurer |
|
(Principal Financial Officer and Principal Accounting Officer) |
* The Registrant is a trust and the persons are signing in their capacities as officers of ETF Securities USA LLC, the Sponsor of the Registrant.
17
Exhibit Index
|
|
31.1 |
Chief Executive Officers Certificate, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|
|
31.2 |
Chief Financial Officers Certificate, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
|
|
32.1 |
Chief Executive Officers Certificate, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
|
|
32.2 |
Chief Financial Officers Certificate, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |