USO on NYSE
United States Oil Fund, LP
American commodity contracts brokers and dealers company based in Walnut Creek2
In its 2026 annual report the company says: “The United States Oil Fund, LP is a Delaware limited partnership organized on May 12, 2005. It operates pursuant to the terms of the Seventh Amended and Restated Agreement of Limited Partnership dated as of December 15, 2017 (as amended from time to time, the “LP Agreement”), which grants full management control to its general partner, United States Commodity Funds LLC.”4 Its shares trade on NYSE under the symbol USO.2
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Last updated Oct 21, 2026.
Overview
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- TickerUSO on NYSE2
- IndustryCommodity Contracts Brokers & Dealers2
- HeadquartersWalnut Creek, United States2
- Incorporated inDE3
- Business address1850 Mt. Diablo Blvd., Suite 640, Walnut Creek, Ca 945963
- Filer categoryLarge accelerated filer3
- Legal formFUND2
- Kind of organizationFund2
- LEIZR7XWIN3GSRDDWZ9V4462
- StatusActive2
- LEI statusIssued and current2
- Registered addressC/O CORPORATION SERVICE COMPANY, 19808 Wilmington, United States2
- Registered withSecurities and Exchange Commission, 00013270682
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The United States Oil Fund, LP (“USO”) is a Delaware limited partnership organized on May 12, 2005. USO maintains its main business office at 1850 Mt. Diablo Boulevard, Suite 640, Walnut Creek, California 94596. USO is a commodity pool that issues limited partnership interests (“shares”) traded on the NYSE Arca, Inc. (the “NYSE Arca”). USO’s shares began trading on April 10, 2006. It operates pursuant to the terms of the Seventh Amended and Restated Agreement of Limited Partnership dated as of December 15, 2017 (as amended from time to time, the “LP Agreement”), which grants full management control to its general partner, United States Commodity Funds LLC (“USCF”).4 From its latest annual report
Financials
From the company’s reports to the SEC. Every number links to the filing it came from.
Key numbers, fiscal 2025
Financial statements
Every line of the income statement as filed: the last 3 fiscal years (annual) or 8 quarters (quarterly), latest first.5
| Period ending | 2025-12-31 | 2024-12-31 | 2023-12-31 |
|---|---|---|---|
| Realized gain (loss) on closed commodity futures contracts | -$41.2M | $121.1M | -$63.5M |
| Realized gain (loss) on swap contracts | -$18.4M | $22.2M | -$24.3M |
| Change in unrealized gain (loss) on open commodity futures contracts | -$36.3M | $25.4M | -$19.1M |
| Change in unrealized gain (loss) on open OTC commodity swap contracts | $966.1K | -$162 | $2.2K |
| Dividend income | $22.6M | $22.2M | $18.7M |
| Interest income | $15.9M | $40.6M | $53.0M |
| ETF transaction fees | $320.8K | $386.0K | $374.0K |
| Total Income (Loss) | -$56.2M | $231.9M | -$34.9M |
| General Partner management fees (Note 3) | $4.4M | $5.9M | $7.1M |
| Professional fees | $2.1M | $2.7M | $2.2M |
| Brokerage commissions | $1.5M | $1.5M | $860.1K |
| Directors' fees and insurance | $338.0K | $426.5K | $723.1K |
| License fees | $147.0K | $197.4K | $237.9K |
| Total Expenses | $8.5M | $10.8M | $11.1M |
| Net Income (Loss) | -$64.7M | $221.1M | -$46.0M |
| Net Income (Loss) per limited partner share | -$6 | $9 | -$3 |
| Net Income (Loss) per weighted average limited partner share | -$5 | $12 | -$2 |
| Weighted average limited partner shares outstanding | 13.4M shares | 17.7M shares | 23.0M shares |
| Period ending | 2025-12-31 | 2025-09-30 | 2025-06-30 | 2025-03-31 | 2024-12-31 | 2024-09-30 | 2024-06-30 | 2024-03-31 |
|---|---|---|---|---|---|---|---|---|
| Total Income (Loss) | -$53.3M | $25.6M | -$70.8M | $42.4M | $98.9M | -$132.8M | $22.6M | $243.2M |
| Total Expenses | $2.1M | $2.1M | $2.1M | $2.1M | $2.5M | $2.7M | $2.7M | $2.9M |
| Net Income (Loss) | -$55.5M | $23.5M | -$73.0M | $40.3M | $96.3M | -$135.5M | $19.9M | $240.3M |
| Net Income (Loss) per limited partner share | -$4 | $0 | -$4 | $2 | $6 | -$10 | $1 | $12 |
Every line of the balance sheet as filed: the last 5 fiscal years (annual) or 5 quarters (quarterly), latest first.5
| Period ending | 2025-12-31 | 2024-12-31 | 2023-12-31 | 2022-12-31 | 2006-03-31 |
|---|---|---|---|---|---|
| Cash and cash equivalents (at cost $651,873,522 and $727,450,000, respectively) (Notes 2 and 5) | $651.9M | $727.5M | $952.4M | ||
| Cash and cash equivalents (at cost $240,682,999 and $280,259,886, respectively) | $241.7M | $280.3M | $511.3M | ||
| Unrealized gain (loss) on open commodity futures contracts | -$7.9M | $28.4M | |||
| Unrealized gain (loss) on open swap contracts | $964.0K | -$2.1K | |||
| Due from Broker | $13.5M | ||||
| Receivable for shares sold | $45.3M | ||||
| Dividends receivable | $1.8M | $2.8M | |||
| Interest receivable | $1.0M | $1.4M | |||
| Prepaid insurance | $100.2K | $42.3K | |||
| ETF transaction fees receivable | $1.0K | ||||
| Total Assets | $889.6M | $1.1B | |||
| Payable due to Broker | $1.1M | $7.9M | |||
| General Partner management fees payable (Note 3) | $364.0K | $436.9K | |||
| Professional fees payable | $2.0M | $2.0M | |||
| Due to custody | $318.0K | ||||
| Brokerage commissions payable | $119.3K | ||||
| Directors' fees payable | $28.4K | $33.1K | |||
| License fees payable | $57.4K | $69.4K | |||
| Total Liabilities | $3.5M | $10.9M | |||
| Limited Partners | $886.1M | $1.1B | |||
| Total Partners' Capital | $886.1M | $1.1B | |||
| Total Liabilities and Partners' Capital | $889.6M | $1.1B | |||
| Limited Partners' shares outstanding | 12.8M shares | 14.4M shares | |||
| Net asset value per share | $69 | $75 | $67 | $70 | $67 |
| Market value per share | $69 | $76 | |||
| Cash and cash equivalents | $241.7M | $280.3M |
| Period ending | 2025-12-31 | 2024-12-31 | 2023-12-31 | 2022-12-31 | 2006-03-31 |
|---|---|---|---|---|---|
| Cash and cash equivalents (at cost $651,873,522 and $727,450,000, respectively) (Notes 2 and 5) | $651.9M | $727.5M | $952.4M | ||
| Cash and cash equivalents (at cost $240,682,999 and $280,259,886, respectively) | $241.7M | $280.3M | $511.3M | ||
| Unrealized gain (loss) on open commodity futures contracts | -$7.9M | $28.4M | |||
| Unrealized gain (loss) on open swap contracts | $964.0K | -$2.1K | |||
| Due from Broker | $13.5M | ||||
| Receivable for shares sold | $45.3M | ||||
| Dividends receivable | $1.8M | $2.8M | |||
| Interest receivable | $1.0M | $1.4M | |||
| Prepaid insurance | $100.2K | $42.3K | |||
| ETF transaction fees receivable | $1.0K | ||||
| Total Assets | $889.6M | $1.1B | |||
| Payable due to Broker | $1.1M | $7.9M | |||
| General Partner management fees payable (Note 3) | $364.0K | $436.9K | |||
| Professional fees payable | $2.0M | $2.0M | |||
| Due to custody | $318.0K | ||||
| Brokerage commissions payable | $119.3K | ||||
| Directors' fees payable | $28.4K | $33.1K | |||
| License fees payable | $57.4K | $69.4K | |||
| Total Liabilities | $3.5M | $10.9M | |||
| Limited Partners | $886.1M | $1.1B | |||
| Total Partners' Capital | $886.1M | $1.1B | |||
| Total Liabilities and Partners' Capital | $889.6M | $1.1B | |||
| Limited Partners' shares outstanding | 12.8M shares | 14.4M shares | |||
| Net asset value per share | $69 | $75 | $67 | $70 | $67 |
| Market value per share | $69 | $76 | |||
| Cash and cash equivalents | $241.7M | $280.3M |
Cash flow is reported year to date, not quarter by quarter, so there are no separate quarterly figures.
Every line of the cash flow as filed: the last 3 fiscal years, latest first.5
| Period ending | 2025-12-31 | 2024-12-31 | 2023-12-31 |
|---|---|---|---|
| Net income (loss) | -$64.7M | $221.1M | -$46.0M |
| Change in unrealized (gain) loss on open commodity futures contracts | $36.3M | -$25.4M | $19.1M |
| Change in unrealized (gain) loss on open swap contracts | -$966.1K | $162 | -$2.2K |
| (Increase) decrease in dividends receivable | $982.6K | -$1.3M | $2.5M |
| (Increase) decrease in interest receivable | $317.9K | $3.3M | -$1.8M |
| (Increase) decrease in prepaid insurance | -$57.9K | $29.9K | $69.5K |
| (Increase) decrease in ETF transaction fees receivable | $1.0K | $1.0K | -$2.0K |
| (Increase) decrease in receivable due from Broker | $13.5M | -$13.5M | |
| Increase (decrease) payable due to custody | -$318.0K | $318.0K | -$1.0M |
| Increase (decrease) in payable due to Broker | -$6.8M | -$9.1M | $15.5M |
| Increase (decrease) in General Partner management fees payable | -$72.9K | -$137.2K | -$274.7K |
| Increase (decrease) in professional fees payable | $15.4K | $381.4K | -$812.2K |
| Increase (decrease) in brokerage commissions payable | -$119.3K | $11.9K | |
| Increase (decrease) in directors' fees payable | -$4.7K | $113 | -$9.2K |
| Increase (decrease) in license fees payable | -$12.0K | -$12.6K | -$22.2K |
| Net cash provided by (used in) operating activities | -$21.9M | $175.7M | -$12.8M |
| Addition of partnership shares | $6.7B | $8.2B | $6.2B |
| Redemption of partnership shares | -$6.8B | -$8.8B | -$6.7B |
| Net cash provided by (used in) financing activities | -$92.2M | -$631.7M | -$477.4M |
| Net Increase (Decrease) in Cash and Cash Equivalents | -$114.1M | -$456.0M | -$490.2M |
No quarter-by-quarter statement was filed.
Corporate structure
United States Oil Fund, LP sits at the top of its group. 1 entity, 1 country on record. Switch between the flow chart and the network, and select any entity to see its details.
Major holders of United States Oil Fund, LP
- Bank of Montreal Filed SC 13G/A on United States Oil Fund, LP, latest Feb 9, 2024 (2 filings since Feb 6, 2023)
- United States Oil Fund, LP Walnut Creek, California, United States
Built from parent and subsidiary links from GLEIF, the Global Legal Entity Identifier Foundation (CC0); major holders from Schedules 13D and 13G. Each entity in the chart links to its source.
What it owns
What United States Oil Fund, LP reports owning in its annual reports to the SEC: buildings, land and equipment, real estate and locations, investments, intangible assets and inventory, at the end of its latest fiscal year and a year before.
Investments
Leadership
Who has led United States Oil Fund, LP, and when. Pick a name to see everywhere that person has worked.
Chief executive
Chief financial officer
- Chief executive officerJohn P. Love Jul 24, 2015 to Jul 24, 201513
- Chief executive officerNicholas Daniel Gerber Apr 20, 2006 to Feb 9, 200714
- ChairNicholas Daniel Gerber Apr 20, 2006 to Feb 9, 200714
- PresidentJohn P. Love Jul 24, 2015 to Jul 24, 201513
- PresidentNicholas Daniel Gerber Apr 20, 2006 to Feb 9, 200714
- Chief financial officerStuart P. Crumbaugh Jun 23, 2015 to Jun 23, 201515
- Chief financial officerHoward Mah Feb 9, 2007 to Feb 9, 200716
Board members and other officers (11)
- Chief Investment OfficerJohn T. Hyland May 29, 2009 to May 29, 200917
- TreasurerAndrew F. Ngim Apr 20, 2006 to Feb 9, 200718
- Secretary and CCOHoward Mah Apr 20, 2006 to Apr 20, 200619
- Board memberKathryn D. Rooney Apr 6, 2023 to Apr 6, 202320
- Board memberMelinda Gerber Jun 30, 2015 to Jun 30, 201521
- Board memberAndrew F. Ngim Apr 20, 2006 to Feb 9, 200718
- Board memberHoward Mah Apr 20, 2006 to Feb 9, 200719
- Board memberRobert Long Nguyen Apr 20, 2006 to Feb 9, 200722
- Board memberMalcolm Randall Fobes Iii. May 1, 2006 to Feb 9, 200723
- Board memberPeter M. Robinson May 1, 2006 to Feb 9, 200724
- Board memberGordon Lloyd Ellis May 12, 2006 to Feb 9, 200725
Former names
- New York Oil ETF, LPMay 16, 2005 to Jul 26, 20053
Timeline
- Sep 29, 20268-K Regulation FD disclosure26
- Sep 25, 20268-K Entered a material agreement27
- Aug 28, 20268-K Regulation FD disclosure28
- Jul 29, 20268-K Regulation FD disclosure29
- Jun 29, 20268-K Regulation FD disclosure30
- May 28, 20268-K Regulation FD disclosure31
- Apr 29, 20268-K Regulation FD disclosure32
- Mar 27, 20268-K Regulation FD disclosure33
- Mar 27, 20268-K Regulation FD disclosure34
- Mar 20, 20268-K Regulation FD disclosure35
- Feb 27, 20268-K Regulation FD disclosure36
- Jan 29, 20268-K Regulation FD disclosure37
- Jul 24, 2015New chief executive John P. Love becomes CEO13
- Apr 20, 2006New chief executive Nicholas Daniel Gerber becomes CEO14
- May 12, 2005Founded United States Oil Fund, LP is founded2
Filings
140 filings to the SEC since October 2021: 5 annual reports, 15 quarterly reports, 81 major events, 4 insider forms, 2 large holders, 33 other. The latest 20:
- Sep 29, 20268-K EDGAR
- Sep 25, 20268-K EDGAR
- Sep 17, 20264 PRIMARY DOCUMENT EDGAR
- Sep 16, 20264 PRIMARY DOCUMENT EDGAR
- Sep 16, 20263 PRIMARY DOCUMENT EDGAR
- Aug 28, 20268-K EDGAR
- Aug 7, 202610-Q EDGAR
- Jul 29, 20268-K EDGAR
- Jun 29, 20268-K EDGAR
- May 28, 20268-K EDGAR
- May 14, 2026POS EX EDGAR
- May 8, 202610-Q EDGAR
- Apr 29, 20268-K EDGAR
- Apr 24, 2026424B3 EDGAR
- Mar 30, 2026424I EDGAR
- Mar 27, 20268-K EDGAR
- Mar 27, 20268-K EDGAR
- Mar 20, 20268-K EDGAR
- Feb 27, 202610-K EDGAR
- Feb 27, 20268-K EDGAR
The 140 filings since October 2021 can be filtered by form type and year here when JavaScript is on.
Every filing from the last five years, summarized. The full record is on SEC EDGAR.
Insider trades
6 open-market trades by officers, directors and large owners since October 2021: 3 buys and 3 sales. Grants, option exercises and gifts are left out.
| Date | Who | Trade | Shares | Price | Value | Filing |
|---|---|---|---|---|---|---|
| Sep 16, 2026 | HRT FINANCIAL LP10% owner | Buy | 43,638 | $155.30 | $6.8M | Form 4 |
| Sep 16, 2026 | HRT FINANCIAL LP10% owner | Sale | 17,023 | $157.58 | $2.7M | Form 4 |
| Sep 15, 2026 | HRT FINANCIAL LP10% owner | Sale | 1,218 | $160.76 | $195.8K | Form 4 |
| Sep 14, 2026 | HRT FINANCIAL LP10% owner | Buy | 101,212 | $158.02 | $16.0M | Form 4 |
| Sep 11, 2026 | HRT FINANCIAL LP10% owner | Buy | 3,983 | $154.35 | $614.8K | Form 4 |
| Sep 11, 2026 | HRT FINANCIAL LP10% owner | Sale | 77,112 | $153.79 | $11.9M | Form 4 |
From Forms 4 filed with the SEC.
Major holders
Investors who own more than 5% of the shares must tell the SEC: a 13D if they may seek to influence the company, a 13G if they hold passively.
- Bank of MontrealSC 13G/A, 2 filings Feb 6, 2023 to Feb 9, 202438
Held by these funds
The largest holders among investment managers' 13F reports for the quarter ending Jun 30, 2026, the top 25 of 100. Change is in shares since the quarter before.
13F reports cover disclosed long positions in U.S. stocks only.
Members of Congress who traded it
3 trades disclosed by members of Congress. “Vs S&P since” is the stock’s change since the trade minus the S&P 500’s.
| Date | Member | Trade | Amount | Vs S&P since | Filing |
|---|---|---|---|---|---|
| Oct 25, 2022 | Dan CrenshawRepublican, House | Buy | $1,001 - $15,000 | +22.3% | Report |
| Apr 20, 2020 | Adam Kinzinger, House | Buy | $1,001 - $15,000 | +250.3% | Report |
| Apr 20, 2020 | Adam Kinzinger, House | Sale | $1,001 - $15,000 | −250.3% | Report |
Members report amounts as ranges, not exact figures. Returns are price-only (no dividends).
SEC filer profile
How United States Oil Fund, LP is registered with the Securities and Exchange Commission, from its EDGAR record and the cover page of its latest annual report.
- Name on EDGARUnited States Oil Fund, LP1
- CIK0001327068
- Employer ID (EIN)20-28306914
- Filer statusLarge accelerated filer not an emerging growth company; not a smaller reporting company; not a shell company4
- Incorporated inDelaware4
- Fiscal year endsDecember 311
- Industry code (SIC)6221 Commodity Contracts Brokers & Dealers1
- SEC reviewing officeOffice of Crypto Assets, Division of Corporation Finance1
- Business address1850 Mt. Diablo Blvd., Suite 640, Walnut Creek, CA 945961
- Phone510-522-96001
- Shares outstanding14,823,603 as of Aug 4, 202611
- Public float$1.2B as of Jun 30, 20254
- AuditorCOHEN & COMPANY, LTD, Philadelphia, Pennsylvania PCAOB ID 925; it also attests to the company’s internal control over financial reporting4
- On EDGAR sinceMay 16, 20051
- Filings643 in all: 8-K (343), 10-Q (62), 424B3 (59), S-3/A (23), UPLOAD (22), 10-K (20), EFFECT (19), 3 (15)1
All 30 form types
CORRESP (15), S-3 (14), 5 (7), S-1/A (7), POS AM (5), 10-Q/A (4), 4 (4), 424I (3), S-1 (3), SC 13G (3), 8-A12B (2), 8-K/A (2), SC 13G/A (2), 10-K/A (1), 25 (1), AW (1), CERTAMX (1), CERTPAC (1), NO ACT (1), POS EX (1), RW (1), S-4/A (1)
- Latest filingsAnnual report (10-K) Feb 27, 2026
Quarterly report (10-Q) Aug 7, 2026
Latest 8-K (8-K) Sep 29, 2026
Securities registered for trading
| Class | Symbol | Exchange |
|---|---|---|
| Shares of United States Oil Fund, LP | USO | NYSE Arca, Inc. |
From the cover page of the 10-K filed Feb 27, 2026 (Section 12(b) of the Exchange Act).4
Risk factors and legal proceedings
The risks United States Oil Fund, LP names in Item 1A of its 10-K filed Feb 27, 2026: 64 risks under these headings, as written.4
- Investment Risk
- The NAV of USO’s shares relates directly to the daily changes in the price of the Benchmark Oil Futures Contracts and other assets held by USO and fluctuations in the prices of these assets could materially adversely affect an investment in USO’s shares. Past performance is not necessarily indicative of future results; all or substantially all of an investment in USO could be lost.
- Economic conditions impacting crude oil.
- Other crude oil demand-related factors.
- Other crude oil supply-related factors.
- Other factors impacting the crude oil market.
- Price volatility may possibly cause the total loss of your investment.
- Natural disasters, public health disruptions (such as the COVID-19 pandemic), and international armed conflicts could impact the price of commodities and/or the value, pricing and liquidity of USO’s investments or assets which, in turn, could cause the loss of your investment in USO.
- Natural or environmental disasters, such as earthquakes, fires, floods, hurricanes, tsunamis and other severe weather-related phenomena generally, and widespread disease, including public health disruptions, pandemics and epidemics (for example, the COVID-19 pandemic), can be highly disruptive to economies and markets. Such events can, directly or indirectly, negatively impact, and/or cause volatility in, the price of commodities such as crude oil and the value, pricing, and liquidity of the investments or other assets held by USO.
- Geopolitical conflict, including war and armed conflicts (such as the Russia-Ukraine war, conflicts in the Middle East, and the expansion of such conflicts in surrounding areas), sanctions, the introduction of or changes in tariffs or trade barriers, global or local recessions, and acts of terrorism, can also, directly or indirectly, negatively impact, and/or cause volatility in, the price of commodities such as crude oil and the value, pricing, and liquidity of the investments or other assets held by USO.
- A negative impact on, or volatility in, the price of crude oil or the value, pricing and liquidity of USO’s investments or other assets resulting from the occurrence of any of the aforementioned events, or similar events, could cause you to lose all, or substantially all, of your investment in USO.
- Historical performance of USO and the Benchmark Oil Futures Contract is not indicative of future performance.
The other 53 risks
- Correlation Risk
- Historically, Oil Futures Contracts and Other Oil-Related Investments have generally been non-correlated to the performance of other asset classes such as stocks and bonds. Non-correlation means that there is a low statistically valid relationship between the performance of futures and other commodity interest transactions, on the one hand, and stocks or bonds, on the other hand.
- However, there can be no assurance that such non-correlation will continue during future periods. If, contrary to historic patterns, USO’s performance were to move in the same general direction as the financial markets, investors will obtain little or no diversification benefits from an investment in USO’s shares. In such a case, USO may have no gains to offset losses from other investments, and investors may suffer losses on their investment in USO at the same time they incur losses with respect to other investments.
- Variables such as drought, floods, weather, military conflicts, pandemics (such as the COVID-19 pandemic), embargoes, tariffs and other political events may have a larger impact on crude oil prices and crude oil-linked instruments, including Oil Futures Contracts and Other Oil-Related Investments, than on traditional securities. These additional variables may create additional investment risks that subject USO’s investments to greater volatility than investments in traditional securities.
- Non-correlation should not be confused with negative correlation, where the performance of two asset classes would be opposite of each other. There is no historical evidence that the spot price of crude oil and prices of other financial assets, such as stocks and bonds, are negatively correlated. In the absence of negative correlation, USO cannot be expected to be automatically profitable during unfavorable periods for the stock market, or vice versa.
- The market price at which investors buy or sell shares may be significantly less or more than NAV.
- Daily percentage changes in USO’s NAV may not correlate with daily percentage changes in the price of the Benchmark Oil Futures Contract.
- Daily percentage changes in the price of the Benchmark Oil Futures Contract may not correlate with daily percentage changes in the spot price of light, sweet crude oil.
- Natural forces in the oil futures market known as “backwardation” and “contango” may increase USO’s tracking error and/or negatively impact total return.
- Accountability levels, position limits, and daily price fluctuation limits set by the exchanges have the potential to cause tracking error, by limiting USO’s investments, including its ability to fully invest in the Benchmark Oil Futures Contract, which means that changes in the price of shares could substantially vary from the changes in the price of the Benchmark Oil Futures Contract.
- Risk mitigation measures that could be imposed by USO’s FCMs have the potential to cause tracking error by limiting USO’s investments, including its ability to fully invest in the Benchmark Oil Futures Contract and other Oil Futures Contracts, which means that the changes in the price of USO’s shares could substantially vary from changes in the price of the Benchmark Oil Futures Contract.
- An investor’s tax liability may exceed the amount of distributions, if any, on its shares.
- An investor’s allocable share of taxable income or loss may differ from its economic income or loss on the shares.
- Items of income, gain, deduction, loss and credit with respect to shares could be reallocated, for U.S. federal income tax purposes, and USO could be liable for U.S. federal income tax, if the IRS does not accept the assumptions and conventions applied by USO in allocating those items, with potential adverse consequences for an investor.
- USO could be treated as a corporation for U.S. federal income tax purposes, which may substantially reduce the value of the shares.
- USO is organized and operated as a limited partnership in accordance with the provisions of the LP Agreement and applicable state law, and therefore, USO has a more complex tax treatment than traditional mutual funds.
- If USO is required to withhold tax with respect to any non-U.S. shareholders, the cost of such withholding may be borne by all shareholders.
- The impact of changes in U.S. federal income tax laws on USO is uncertain.
- OTC Contract Risk
- USO will be subject to credit risk with respect to counterparties to OTC contracts entered into by USO.
- Valuing OTC derivatives may be less certain than valuing exchange-traded and/or cleared financial instruments.
- USO’s rights under an OTC contract may be restricted by regulations.
- The use of swap agreements may expose USO to early termination risk, which could result in significant losses to USO.
- USO is not leveraged, but it could become leveraged if it had insufficient assets to completely meet its margin or collateral requirements relating to its investments.
- USO may temporarily limit the offering of Creation Baskets.
- Certain of USO’s investments could be illiquid, which could cause large losses to investors at any time or from time to time.
- USO is not actively managed and its investment objective is to track the Benchmark Oil Futures Contract so that the average daily percentage change in USO’s NAV for any period of 30 successive valuation days will be within plus/minus ten percent (10%) of the average daily percentage change in the price of the Benchmark Oil Futures Contract over the same period.
- USO may not meet the listing standards of NYSE Arca, which would adversely impact an investor’s ability to sell shares.
- The NYSE Arca may halt trading in USO’s shares, which would adversely impact an investor’s ability to sell shares.
- The liquidity of USO’s shares may also be affected by the withdrawal from participation of Authorized Participants, which could adversely affect the market price of the shares.
- Shareholders that are not Authorized Participants may only purchase or sell their shares in secondary trading markets, and the conditions associated with trading in secondary markets may adversely affect investors’ investment in the shares.
- The lack of an active trading market for USO’s shares may result in losses on an investor’s investment in USO at the time the investor sells the shares.
- Limited partners and shareholders do not participate in the management of USO and do not control USCF, so they do not have any influence over basic matters that affect USO.
- Limited partners may have limited liability in certain circumstances, including potentially having liability for the return of wrongful distributions.
- USCF’s LLC Agreement provides limited authority to the Non-Management Directors, and any Director of USCF may be removed by USCF’s parent company, which is wholly owned by The Marygold Companies, Inc., a controlled public company where the majority of shares are owned by Nicholas D. Gerber along with certain of his family members and certain other shareholders.
- There is a risk that USO will not earn trading gains sufficient to compensate for the fees and expenses that it must pay and as such USO may not earn any profit.
- USO is subject to extensive regulatory reporting and compliance.
- Regulatory changes or actions, including the implementation of new legislation are impossible to predict but may significantly and adversely affect USO.
- USO is not a registered investment company so shareholders do not have the protections of the 1940 Act.
- Trading in international markets could expose USO to credit and regulatory risk.
- USO and USCF may have conflicts of interest, which may permit them to favor their own interests to the detriment of shareholders.
- USO could terminate at any time and cause the liquidation and potential loss of an investor’s investment and could upset the overall maturity and timing of an investor’s investment portfolio.
- USO does not expect to make cash distributions.
- An unanticipated number of Redemption Basket requests during a short period of time could have an adverse effect on USO’s NAV.
- The suspension in the ability of Authorized Participants to purchase Creation Baskets could cause USO’s NAV to differ materially from its trading price.
- USO may determine that, to allow it to reinvest the proceeds from sales of its Creation Baskets in currently permitted assets in a manner that meets its investment objective, it may limit or suspend its offers of Creation Baskets.
- USO may be subject to interest rate risk, which may prevent USO from investing fully at prevailing rates until any current investments in Treasuries mature in order to avoid selling those investments at a loss.
- As inflation increases, the present value of USO’s assets may decline.
- USO may potentially lose money by investing in government money market funds.
- The failure or bankruptcy of a clearing broker could result in a substantial loss of USO’s assets and could impair USO in its ability to execute trades.
- The failure or bankruptcy of USO’s Custodian could result in a substantial loss of USO’s assets.
- Competing claims of intellectual property rights may adversely affect USO and an investment in USO’s shares.
- Due to the increased use of technologies, intentional and unintentional cyber-attacks pose operational and information security risks.
- USO’s investment returns could be negatively affected by climate change and greenhouse gas restrictions.
- USO and USCF are subjects of class action, derivative and other litigation. In light of the inherent uncertainties involved in litigation matters, an adverse outcome in this litigation could materially adversely affect USO’s and USCF’s financial condition.
Legal proceedings
From time to time, USO may be involved in legal proceedings arising primarily from the ordinary course of its business. In addition, USCF, as the general partner of USO and the Related Public Funds may, from time to time, be involved in litigation arising out of its operations in the ordinary course of business. Except as described herein, neither USO nor USCF is currently party to any material legal proceedings.
Optimum Strategies Action
On April 6, 2022, USO and USCF were named as defendants in an action filed by Optimum Strategies Fund I, LP, a purported investor in call option contracts on USO (the “Optimum Strategies Action”). The action was in the U.S. District Court for the District of Connecticut at Civil Action No. 3:22-cv-00511.
The Optimum Strategies Action asserted claims under the Securities Exchange Act of 1934, as amended (the “1934 Act”), Rule 10b-5 thereunder, and the Connecticut Uniform Securities Act (“CUSA”). It purported to challenge statements in registration statements that became effective in February 2020, March 2020, and on April 20, 2020, as well as public statements between February 2020 and May 2020, in connection with certain extraordinary market conditions and the attendant risks that caused the demand for oil to fall precipitously, including the COVID-19 global pandemic and the Saudi Arabia-Russia oil price war. The complaint was seeking damages, interest, costs, attorney’s fees, and equitable relief.
The opening of Item 3, Legal Proceedings.4
Sources
The numbers on this page point here. Each one links to the record it came from.
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- 16SEC EDGARHoward Mah, Chief financial officer
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- 18SEC EDGARAndrew F. Ngim, Treasurer
- 19SEC EDGARHoward Mah, Secretary and CCO
- 20SEC EDGARKathryn D. Rooney, Board member
- 21SEC EDGARMelinda Gerber, Board member
- 22SEC EDGARRobert Long Nguyen, Board member
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- 24SEC EDGARPeter M. Robinson, Board member
- 25SEC EDGARGordon Lloyd Ellis, Board member
- 26SEC EDGARRegulation FD disclosure
- 27SEC EDGAREntered a material agreement
- 28SEC EDGARRegulation FD disclosure
- 29SEC EDGARRegulation FD disclosure
- 30SEC EDGARRegulation FD disclosure
- 31SEC EDGARRegulation FD disclosure
- 32SEC EDGARRegulation FD disclosure
- 33SEC EDGARRegulation FD disclosure
- 34SEC EDGARRegulation FD disclosure
- 35SEC EDGARRegulation FD disclosure
- 36SEC EDGARRegulation FD disclosure
- 37SEC EDGARRegulation FD disclosure
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