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These Are the High-Profile Spot Bitcoin ETF Applications Currently in Play
In brief
- A number of hopefuls have filed proposals in the U.S. for an exchange-traded fund that would offer exposure to Bitcoin.
- To date, the U.S. Securities and Exchange Commission has rejected every application for a spot market Bitcoin ETF.
Editor’s note: This article was originally published in October 2021 and last updated on December 7, 2023, to reflect the current status of spot Bitcoin ETF applications.
Since the first application for a U.S. Bitcoin exchange-traded fund was filed in 2013, a spot Bitcoin ETF has become something of a holy grail for the crypto community.
An ETF is a publicly traded investment vehicle that tracks the value of an underlying asset; in the case of a Bitcoin ETF, that asset is Bitcoin. Advocates for a Bitcoin ETF argue that the complexities of exchanges, crypto wallets, and private keys still present a daunting barrier to entry into the crypto space for newcomers. A Bitcoin ETF would enable these investors to gain exposure to Bitcoin without actually having to hold their own cryptocurrency.
Bitcoin ETFs have sprung up around the world, in Canada, Germany, Brazil and Dubai—and in October 2021, ProShares’ Bitcoin futures ETF launched on the New York Stock Exchange.
However, to date, the U.S. Securities and Exchange Commission (SEC) has rejected every application for a spot Bitcoin ETF—which offers direct exposure to direct exposure that tracks Bitcon’s real-time price, rather than through futures contracts. The SEC has repeatedly cited the potential for market manipulation among cryptocurrency traders among its concerns.
In August, the agency said it needed more time to evaluate several spot Bitcoin ETF applications, including those of BlackRock, Wisdom Tree Funds, Invesco and Galaxy Digital, and Valkyrie Funds. In September, the SEC also made separate announcements for BlackRock, Bitwise, Invesco Galaxy Digital, and Valkyrie applications, as well as for GlobalX and Ark/21Shares ETF, once again delaying the decision.
By November, ETF analysts noted that there was a “brief window” during which the SEC could have approved up to 12 different Bitcoin ETF applications. But it wasn’t to be.
It’s next expected to make an announcement about the ETF hopefuls in January 2024. Analysts have even gone so far as to note which days in January they think the industry is most likely to hear from the SEC.
Here are the Bitcoin ETF applications currently in play:
BlackRock
On June 15, the world’s largest asset manager, BlackRock—with over $9 trillion in assets under management as of Q1 2023—shocked the TradFi world when it filed an application for a Bitcoin spot ETF. The filing proposed Coinbase as the crypto custodian and spot market data provider, with BNY Mellon as the cash custodian.
If you think something is out of the ordinary when one of the world’s most prestigious financial institutions applies for a cryptocurrency investment product during a tough regulatory crackdown, you wouldn’t be the only one. BlackRock, which manages $9.5 trillion in assets, rocked the crypto world yesterday when it applied to the U.S. Securities and Exchange Commission for a Bitcoin exchange-traded fund (ETF). Though the product is technically a trust, as several eagle-eyed observers on Crypto…
According to Bloomberg Senior ETF analyst Eric Balchunas, the investment product, which is technically a trust, is functionally the “real deal”—a spot market ETF. BlackRock has also already locked horns with the SEC many times to put out ETFs, winning virtually every time with a score of 575-1, according to Balchunas.
BlackRock’s ETF filing was quickly praised by former Barclays CEO Bob Diamond. It also inspired WisdomTree, Invesco, and Valkyrie to make fresh applications to the SEC while helping to pump Bitcoin’s price back above $30,000 in June 2023.
Soon afterward, the SEC flagged concerns about the wave of Bitcoin ETF applications sparked by BlackRock’s filing, reportedly claiming that the applications weren’t clear enough. BlackRock quickly moved to refile its application in early July 2023, clarifying that it would be finalizing a surveillance agreement with Coinbase to use the crypto exchange as its custodian and for its spot market data for pricing.
By mid-July 2023, the SEC formally accepted BlackRock’s application for review, triggering a three-week comment period.
On October 18, BlackRock submitted an amended prospectus for its spot Bitcoin ETF application, with some notable changes in the new filing including acknowledgment of the competition in the race for Bitcoin ETF approval, as well as detailed explanations on the proposed product’s pricing and reporting mechanisms.
In November, an SEC memo confirmed that BlackRock had met with the regulator to discuss its application, with the meeting focusing on whether the investment vehicle would employ an “in-kind redemption model” or “in-cash” one. An “in-kind” model enables investors leaving the fund a redemption in assets other than cash, such as securities, while an “in-cash” model allows them to receive cash.
Following its meeting with the SEC, BlackRock filed a second amendment to its S-1 registration, which expanded on potential risks including SWIFT outages and disruptions to the Bitcoin network. The updated filing also clarified that should the ETF be dissolved, its BTC would be liquidated and distributed to investors as cash.
In December 2023, a filing revealed that BlackRock had received $100,000 in seed capital from an investor who bought shares in the iShares Bitcoin Trust in October; seed capital investors provide initial funding to an ETF to get it off the ground and trading on a stock exchange.
Bitwise
Bitwise first filed for its spot Bitcoin ETF filing back in October 2019, but was, like many other applications, rejected by the SEC. The Commission said the application didn’t meet legal requirements to avoid illicit activities including market manipulation.
Importantly, this filing from Bitwise was meant to trade on Bitcoin futures.
In 2021, the firm re-upped its application, opting to trade based on Bitcoin (rather than futures). The firm’s chief investment officer Matt Hougan took to Twitter at that time to say that the SEC’s concerns had been allayed with that filing.
The Commission didn’t quite agree, however, rejecting the filing again in June 2022.
Bitwise filed an amendment to its Bitcoin ETF application at the end of September 2023 to include fresh arguments, which, according to the firm, invalidate regulators’ explanations for depriving American investors of the product.
An amendment to Bitwise’s filing in November 2023 tweaked the name of the proposed product, from “Bitwise Bitcoin ETP Trust” to “Bitwise Bitcoin ETF.”
3.WisdomTree
New York-based asset manager WisdomTree already has experience running a Bitcoin ETF; it launched one on Switzerland’s SIX stock exchange back in 2019. It joined the ranks of U.S. Bitcoin ETF hopefuls in March 2021, filing an S-1 with the SEC that proposed listing shares in the WisdomTree Bitcoin Trust on the Cboe bZx Exchange under the ticker BTCW.
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Following that, the SEC delayed and delayed and delayed again, with the regulator first inviting feedback from members of the public on the proposal and then announcing that it needed additional time to consider the “issues raised” in comment letters.
The SEC rejected WisdomTree’s application in late 2021—around the same time it rejected similar applications by Valkyrie and Kryptoin. WisdomTree filed a new application in mid-2023, shortly after BlackRock’s filing, which was docketed by the SEC on the same day as BlackRock’s application, entering the same three-week comment period.
The SEC delivered another blow to WisdomTree on October 11 as it once again rejected Cboe BZX Exchange’s application for the WisdomTree Bitcoin Trust, once again citing reasons similar to those behind multiple other rejections. The firm revised its application in November, this time adding Coinbase as the custodian for its proposed ETF.
4.Invesco Galaxy Bitcoin ETF
Galaxy Digital and Invesco filed a joint Bitcoin ETF on September 22, 2021, called the Invesco Galaxy Bitcoin ETF. According to that filing, its ETF would also be “physically backed” by Bitcoin rather than via derivatives like futures. Invesco Capital Management LLC is the sponsor of the filing, but at present, it is unknown which firm will custody the Bitcoin for the filing.
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The sponsor is a wholly-owned subsidiary of Invesco Ltd. The firm is also the fourth-largest ETF provider in the United States, a credential that may be helpful in getting the filing across the line. “For someone who’s been in the ETF business a very long time,” said John Hoffman, head of Invesco’s ETF strategies in the United States, “it’s incredibly similar to the early days of ETFs—the late 1990s, early 2000s.”
The Bitcoin ETF would be the first of a fleet of crypto-specific ETFs that the duo is hoping to list on American markets.
Invesco and Galaxy made a fresh application to the SEC in mid-2023 after BlackRock filed its own.
5.Valkyrie Investments
A relatively recent entrant to the race, asset manager Valkyrie filed its first application for a Bitcoin ETF in January 2021. The ETF would refer to the Chicago Mercantile Exchange’s reference price for Bitcoin and trade on NYSE Arca, “providing investors with an efficient means to implement various investment strategies,” the firm wrote in its proposal. Crypto custodian Xapo would secure the fund’s Bitcoin, holding it in cold storage.
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In that filing, Valkyrie tacitly acknowledged the cryptocurrency’s volatility—one of the SEC’s key concerns regarding a Bitcoin ETF. “These potential consequences of such a Bitcoin Exchange’s failure could adversely affect the value of the Shares,” it said in a risk assessment.
In a familiar turn of events, the SEC delayed ruling on Valkyrie’s application—alongside applications by Kryptoin, WisdomTree, and Global X—before finally rejecting Valkyrie’s together with Kryptoin’s around Christmas 2021.
By early 2022, Valkyrie had managed to get a Bitcoin Mining ETF approved by the SEC. The instrument is backed by holdings in companies that on average use 77% renewable energy and includes sector heavyweights like Argo Blockchain, Bitfarms, Cleanspark, Hive Blockchain, and Stronghold Digital Mining.
In June 2023, Valkyrie filed another Bitcoin spot ETF application with the SEC. A month later, it updated its filing, listing Coinbase as its surveillance-sharing partner.
In November, crypto asset manager CoinShares secured an option to acquire Valkyrie Funds, set to remain active through the end of March 2024; a brand licensing term means that the CoinShares name would be incorporated into Valkyrie’s ETF, should it be approved by the SEC.
6.Ark Invest
Ark Invest, the investment firm led by Cathie Wood, filed its application for the Ark21Shares ETF in June 2021. ARK Invest has partnered with Swiss-based ETF provider 21Shares AG to offer the ARK 21Shares Bitcoin ETF; if approved it would trade on Cboe’s BZX Exchange under the ticker symbol ARKB.
The firm is also the first to reveal the fees for its Bitcoin ETF, with the filing indicating a planned fee of 0.95% payable to 21Shares, which would use the money to cover operating expenses.
Here are ARK Invest CEO Cathie Wood’s expectations for Bitcoin ⬇️
Wood spoke at today’s @crypto Summit https://t.co/ctkGtISeOp pic.twitter.com/KCeku7GrTn
— Bloomberg TV (@BloombergTV) February 25, 2021
Ark Invest already has exposure to Bitcoin at one remove, having invested in crypto exchange Coinbase, the Grayscale Bitcoin Trust and payments processor Square, which holds over 8,000 BTC on its balance sheet. CEO Cathie Wood is, unsurprisingly, an enthusiastic advocate of Bitcoin, arguing that the cryptocurrency represents “a new asset class” and that it could become a reserve currency.
Ark Invest’s ETF was rejected in early 2022. The company reapplied immediately after and was rejected in January 2023. Ark Invest is now on its third application. In June 2023, Ark Invest amended its SEC filing to include a surveillance-sharing arrangement similar to that of BlackRock—albeit not disclosing the crypto trading platform involved.
The SEC twice delayed its decision on Ark Invest’s ETF application in August and September, with the firm filing a second amended application for its spot Bitcoin ETF on October 11.
Notably, the latest version introduces additional risk warnings associated with the Bitcoin network, such as risks of a change to Bitcoin’s underlying code, that could negatively affect the price of the proposed product. Speaking to CNBC that month, Wood suggested that “hopes are rising” that one or more ETFs could be approved by the SEC, noting that, “many people think the fact that the SEC chose to ask questions is a change in behavior.”
In November, a revised filing revealed that Ark plans to charge a fee of 0.80% on its ETF, if approved by the SEC. Bloomberg Intelligence analysts have suggested that the firm may opt to sell its holdings of GBTC, worth over $100 million, and port them over to its own ETF upon its launch.
7.VanEck
VanEck is one of the earliest Bitcoin ETF applicants. Its first stab at a Bitcoin ETF—the VanEck SolidX Bitcoin Trust, in partnership with SolidX—came all the way back in 2018.
While that application was withdrawn in September 2019, VanEck made a second attempt at getting a Bitcoin ETF off the ground, filing its application for the VanEck Bitcoin Trust with the SEC in December 2020, with shares of the trust set to trade on the Cboe BZX Exchange.
Notably, VanEck filed its second application mere days after former SEC chair Jay Clayton left his position. In a 2019 interview with CNBC, Clayton had been dismissive of the prospects of a Bitcoin ETF, noting that while there had been “progress” on concerns around custody, that crypto is still vulnerable to price manipulation and that overseas exchanges “do not provide the same level of protection as our U.S. equity market.”
BTC
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However, if VanEck thought that new blood at the SEC would mean a change in its position, they were in for a disappointment. The SEC repeatedly pushed back its decision on VanEck’s second Bitcoin ETF filing, before rejecting it in November 2021.
A third application followed in mid-2022 with the SEC once more prevaricating before finally rejecting it in March 2023.
VanEck refiled on June 22, 2023, for approval to launch the VanEck Bitcoin Trust on the Cboe BZX exchange. In mid-July, its application was added to the SEC’s official calendar, with the SEC subsequently opting to delay its decision on the ETF until January 15.
On October 27, the asset manager filed an amended application for the product, indicating that it might directly incorporate Bitcoin instead of cash to launch the product. Days later, another amendment revealed that an unnamed seed capital investor had acquired Seed Creation Baskets for the VanEck Bitcoin Trust in October, consisting of 50,000 shares of the ETF purchased using Bitcoin.
Where the majority of other applicants have named Coinbase as the custodian of the Bitcoin underpinning their ETFs, VanEck has instead opted for rival exchange Gemini to custody its Bitcoin.
8.Fidelity (Wise Origin Bitcoin Trust)
March 2021 saw a rush of applications for Bitcoin ETFs, among them Fidelity’s Wise Origin Bitcoin Trust—perhaps unsurprisingly, given that mere weeks earlier its Director of Global Macro, Jurrien Timmer, said that Bitcoin has a “unique advantage” over gold. The Wise Origin Bitcoin Trust’s application would see Fidelity Service Company Inc serving as the administrator, and Fidelity Digital Assets holding custody of the Bitcoin underlying the ETF.
Uniquely, Fidelity has opted to self-custody the Bitcoin underlying the ETF; the vast majority of other applicants have named Coinbase as the custodian, with only VanEck opting for an alternative in Gemini.
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In May 2021, Cboe Global Markets filed a proposal to list Fidelity’s Bitcoin ETF, arguing that the SEC’s concerns about market manipulation have been “sufficiently mitigated” thanks to increasing investor participation and institutional adoption of the cryptocurrency, which have “facilitated the maturation of the Bitcoin trading ecosystem.” In the same month, the SEC began its review of Fidelity’s application.
In January 2022, Fidelity’s ETF was rejected.
Undeterred, Fidelity refiled its application at the end of June 2023; after the SEC raised concerns about the application, Fidelity quickly moved to name Coinbase as the market for its surveillance-sharing arrangement. It was added to the SEC’s official calendar on the same day as BlackRock’s application, entering a three-week comment period.
The Boston-based investment giant amended its Bitcoin ETF application on October 17, mostly focusing on the risk associated with such a product.
9.NYDIG/Stone Ridge
The New York Digital Investment Group and advisory firm Stone Ridge were quick to seize on the opportunity presented by the change of leadership at the SEC, becoming the second prospective ETF to file an application with the regulator in 2021. The filing, on February 16, came on an auspicious day for Bitcoin, with the cryptocurrency hitting $50,000 for the first time ever.
In March 2022, the SEC rejected NYDIG’s application together with Global X’s. It subsequently refiled its application in August 2023, with the SEC opting to delay approval in November, ahead of its initial deadline of November 21.
10.Hashdex Bitcoin ETF
The largest crypto asset management firm in Latin America, Hashdex, entered the fray in August 2023, with a proposal to convert its existing Bitcoin futures ETF to a spot ETF.
Hashdex also proposes to employ an unusual strategy that sets it apart from other ETF applications. Where the majority of other applicants plan to use a surveillance-sharing agreement with Coinbase to monitor for potential fraud, Hashdex proposes to obtain spot Bitcoin from within the regulated CME (Chicago Mercantile Exchange) market through its existing Bitcoin futures ETF.
According to its filing with the SEC, Hashdex proposes to “use the Exchange for Physical (EFP) Transactions to acquire and dispose of spot Bitcoin, instead of transactions on unregulated spot exchanges.”
In a blog post published the same day as its SEC filing, the asset management firm argued that the surveillance-sharing agreement proposed by BlackRock and other applicants fails to address the SEC’s concerns around potential market manipulation. The asset manager plans to avoid these risks by holding a mix of Bitcoin futures contracts, spot Bitcoin and cash.
In November, the SEC delayed its ruling on the conversion of Hashdex’s Bitcoin futures ETF to a spot ETF to January 2024.
11. Franklin Bitcoin ETF
Franklin Templeton, one of the world’s largest asset managers with AUM of around $1.4 trillion, joined the race for a spot Bitcoin ETF in September 2023.
Per its filing, the ETF’s shares would be listed on the Cboe BZX Exchange—and, like the majority of applicants, crypto exchange Coinbase would be the fund’s custodian and surveillance-sharing partner.
In November, the SEC delayed its ruling on Franklin Templeton’s application alongside other ETFs, punting its decision to January 2024.
12. Pando Asset Spot Bitcoin Trust
In November 2023, Swiss firm Pando Asset became the latest hopeful to file an application for a spot Bitcoin ETF with the SEC.
The Pando Asset Spot Bitcoin Trust would offer investors Bitcoin-backed shares with Bank of New York Mellon as the administrator and Coinbase as the fund’s custodian and surveillance-sharing partner.
Pando already offers Bitcoin and Ethereum exchange-traded products (ETPs) in Switzerland, Germany, the Netherlands, Lichtenstein, and Luxembourg.
13.Global X Bitcoin Trust
Global X Digital Assets, a fund manager with $31 billion in assets under management, filed its application with the SEC in July 2021. The proposed Global X Bitcoin Trust would trade on the Cboe BZX exchange, with the Bank of New York Mellon appointed as the trust’s administrator.
GlobalX’s portfolio spans 84 ETFs covering disruptive tech, equity income, commodities, and emerging markets. The proposed trust kept the identity of the custodian responsible for safekeeping its Bitcoin under wraps, though it did disclose that the custodian is a limited-purpose trust company authorized to provide digital asset custody services in the State of New York.
In September 2021, the GlobalX Bitcoin Trust was one of four Bitcoin ETF applications (including one Bitcoin futures ETF application) whose deadline was pushed back by the SEC. The regulator announced a revised date of November 21, 2021, on which it would approve or disapprove the application.
Global X’s spot ETF proposal was rejected by the SEC together with NYDIG’s in March 2021.
Failed Bitcoin ETF applications
There’s a long list of failed spot Bitcoin ETF applications; to date, the SEC has rejected every single one that’s crossed its desk. These are all the applications that have been rejected to date:
1.Kryptoin
Delaware-based Kryptoin made its first attempt at filing for a Bitcoin ETF in October 2019, with the proposed Kryptoin Bitcoin ETF Trust to be listed on NYSE Arca. The financial services company made a second stab at a Bitcoin ETF in April 2021, with the revised proposal for the Trust to be listed on Cboe’s BZX Exchange. Its amended filing listed the service providers that would assist in launching its ETF, including crypto exchange Gemini, which would provide custody for the Trust’s Bitcoin holdings.
By the end of that month, the application was officially under review by the SEC, which subsequently delayed its decision on the filing to July 27, 2021. “The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change and the comments received,” reads the June 9 announcement from the Securities and Exchange Commission (SEC).
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The U.S. Securities and Exchange Commission has pushed back the deadlines for four Bitcoin ETF (exchange-traded fund) applications to late 2021. They include applications for the Valkyrie XBTO Bitcoin Futures Fund (extended to December 8), the Kryptoin Bitcoin ETF (December 24), the WisdomTree Bitcoin Trust (December 11), and the Global X Bitcoin Trust (November 21). They are among at least a dozen outstanding Bitcoin ETF applications on the SEC’s desk, filed by various high-profile companies….
In September 2021, the SEC once again pushed back the deadline for its decision on the Kryptoin Bitcoin ETF Trust, with a revised date of December 24, 2021. On this occasion, the SEC’s announcement highlighted the need for more time “to consider the proposed rule change and the issues raised in the comment letters that have been submitted in connection therewith.”
The SEC rejected Kryptoin’s application around the same time as Valkyrie’s, at the end of 2021.
2.First Trust/SkyBridge
In March 2021, hedge fund SkyBridge Capital submitted its filing for a Bitcoin ETF with the SEC. The firm, run by former White House communications director Anthony Scaramucci, already runs a Bitcoin Fund open to accredited investors with a minimum investment of $50,000; within weeks of its opening in January 2021, it grew to over $370 million.
That same month, Scaramucci was optimistic that a Bitcoin ETF could be approved by the end of 2021, telling Decrypt, “I’m hoping that with the introduction of Gary Gensler now into the regulatory rubric, and my understanding of where he’s coming from, although I don’t know it personally, is that possibly we can get an ETF in place by the end of the year.”
In May 2021, NYSE Arca submitted an application for a proposed rule change that would see SkyBridge Capital’s Bitcoin ETF listed on the exchange. That July, the SEC pushed back the review period for the Skybridge Bitcoin ETF before finally rejecting it in January 2022.
3.One River
One River Asset Management launched its bid for a Bitcoin ETF in May 2021, with its application for a carbon-neutral Bitcoin exchange-traded fund. With Bitcoin’s energy consumption and carbon footprint coming under increasing scrutiny, One River has committed to offsetting its carbon footprint by “purchasing and retiring carbon credits necessary to account for the estimated carbon emissions associated with the bitcoins held by the Trust” through environmental platform Moss Earth.
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One River wheeled out the big guns in its bid to win over the SEC, bringing on former SEC Chair Jay Clayton as an adviser. Clayton, who joined the firm prior to its Bitcoin ETF application, headed the SEC during a period when it rejected every application for a Bitcoin ETF.
You can probably guess what happened in May 2022…
4.Galaxy Digital
In April 2021, crypto investment firm Galaxy Digital filed for a Bitcoin ETF; at the time, the eighth such application to land on the SEC’s desk. The proposed Galaxy Bitcoin ETF would be listed on the NYSE Arca. Galaxy Digital, which manages over $2.5 billion in assets, is also one of the largest institutional holders of Bitcoin, with 16,400 BTC in its treasury (worth nearly $500 million at current prices).
Billionaire Galaxy Digital founder Mike Novogratz weighed in on the SEC’s reluctance to approve a Bitcoin ETF at the 2021 Ethereal Summit, arguing that under the Trump administration the SEC had instead allowed the Grayscale Bitcoin Trust (GBTC) to flourish, which was “not as good for the consumer.” GBTC, Novogratz argued, saw the consumer “buying Bitcoin at a 20-30% premium being arbitraged by hedge funds into a closed-end fund—where an ETF would have been a much more elegant solution.”
Like every other ETF proposal, nothing came of Galaxy Digital’s solo application—but later, in September 2021, the firm applied with Invesco for a joint ETF, as mentioned above. They then started a fresh application together after BlackRock filed its own in mid-2023. Invesco’s application was added to the SEC’s official calendar in mid-July 2023, entering a three-week comment period.
5.Grayscale
Crypto investment fund manager Grayscale’s GBTC Bitcoin trust manages well over 600,000 BTC (worth almost $20 billion at today’s prices), and it’s made no secret of its desire to convert the trust into a full-fledged Bitcoin spot ETF. In October 2021, it began the process of doing so, formally filing a conversion application.
Thank you for being a part of this journey with us. We’re just getting started. $GBTC pic.twitter.com/NjAI8eXHdD
— Sonnenshein (@Sonnenshein) October 19, 2021
Were its application to succeed, Grayscale would be able to charge lower management fees, and it would be easier to move money in and out. Grayscale first filed an application to launch a Bitcoin ETF in 2016, but withdrew it a year later, stating that, “we believed the regulatory environment for digital assets had not advanced to the point where such a product could successfully be brought to market.”
The lack of a full-fledged Bitcoin ETF has caused problems for Grayscale, and the wider Bitcoin market. In lieu of such a product, GBTC has picked up the majority of the U.S. institutional demand for Bitcoin. However, its shares sometimes trade at a negative premium, lower than the value of the underlying Bitcoin per share—but the fund isn’t allowed to redeem the shares for the Bitcoin itself, so the market can’t organically fix it.
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If a Bitcoin ETF were approved, it would allow investors to redeem shares at any time. This would likely prevent a negative premium from appearing and help to keep the shares matching the value of the underlying coins.
It’s no surprise, then, that Grayscale has been laying the groundwork for a Bitcoin ETF for some time now, hiring ETF experts and inking a deal with BNY Mellon that would see the global investments company act as the service provider for GBTC. Were it to be converted into an ETF, BNY Mellon would provide transfer agency and ETF services.
In June 2022, the SEC rejected Grayscale’s application saying the company didn’t do enough to prevent possible fraud. Grayscale began litigating with the regulator immediately after, labeling its reason for rejection “illogical.”
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In August 2023, Grayscale scored a victory in court, with a judge in the U.S. Court of Appeals for the D.C. circuit ordering that the SEC’s denial of its spot Bitcoin ETF application be reviewed. In a landmark decision, the court explained that the SEC “failed to adequately explain why it approved the listing of two bitcoin futures ETPs but not Grayscale’s proposed bitcoin ETP.”
Grayscale called the decision a “monumental step forward” for American investors and the Bitcoin ecosystem—but others have cautioned that the SEC could yet deny Grayscale’s application on other grounds.
In late November, an SEC memo revealed that Grayscale principals had met with the SEC to discuss its application. Following the meeting, the firm submitted an updated filing amending its application, which revealed that the product’s ticker would change to BTC.
A long and winding road
The road toward a Bitcoin ETF has been a long one. Since the Winklevoss twins first filed for a Bitcoin ETF-like trust in 2013, the SEC has dragged its feet over the idea. It has repeatedly delayed making decisions on multiple Bitcoin ETFs over the last few years, causing firms like VanEck to pull their applications over fears the SEC would reject them.
The SEC’s main concerns about approving a Bitcoin ETF relate to the lack of transparency of trading information, market manipulation, and the notion that Bitcoin is fundamentally different from other assets it regularly deals with (for example, what happens in the case of a hard fork?). It is also worried about a lack of liquidity in the markets.
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Adriana HamacherOct 19, 2020
In conversation with Decrypt, Sui Chung, CEO of crypto indices provider CF Benchmarks, pointed out that in the early days, those filing for Bitcoin ETFs—such as the Winklevoss twins—were doing so from startups, albeit well-funded ones. But now the filings are coming from a new breed of applicants that are ready to meet these challenges.
“I think a lot of the areas that the SEC has previously voiced concerns around, filers [didn’t have] a lot of experience in the ETF market, particularly with the vagaries of the crypto markets and how they would sync up with equity markets through the ETF structure,” he said. He added that if constructed in the right way, a Bitcoin ETF need not be different from any other ETF listed on the stock exchange.
In August 2021, SEC chair Gary Gensler weighed in, noting that he “particularly looked forward to” the SEC’s review of “ETFs limited to these CME-traded Bitcoin futures.” His hint that the SEC is more favorably inclined towards Bitcoin futures ETFs than ETFs with physical exposure to Bitcoin sparked a rush of applications for Bitcoin futures ETFs, with the likes of Galaxy Digital and VanEck filing proposals.
Gensler again indicated his interest in Bitcoin futures ETFs in prepared remarks for the Financial Times “Future of Asset Management North America” conference, in September 2021. Gensler stated that earlier in the year, “a number of open-end mutual funds launched that invested in Chicago Mercantile Exchange (CME)-traded bitcoin futures.”
First Bitcoin Futures ETF Trades Nearly $1 Billion in One Day
The first U.S. Bitcoin futures ETF launched today, and eager investors traded $280 million-worth of shares in just the first 20 minutes. By the time the market closed on Tuesday, nearly $1 billion in shares changed hands. ProShares’ Bitcoin Strategy ETF began trading today on the New York Stock Exchange under the ticker BITO after receiving approval from the U.S. Securities and Exchange Commission on Friday. Investors wanting exposure to the biggest cryptocurrency were able to buy shares tied t…
3 min read
Mat Di SalvoOct 19, 2021
The SEC chair noted that the regulator has seen a number of filings for Bitcoin futures ETFs under the Investments Company Act of 1940, the so-called “’40 Act”. “When combined with the other federal securities laws, the ’40 Act provides significant investor protections for mutual funds and ETFs,” Gensler said, adding, “I look forward to staff’s review of such filings.”
In October 2021, the long-drawn-out process finally reached its conclusion, with the first Bitcoin futures ETF debuting on the New York Stock Exchange. The ProShares BTC futures ETF nearly broke the trading record for any debuting ETF, trading almost $1 billion in its first day. The launch of ProShares’ ETF could open the floodgates for further Bitcoin futures ETF applications, though at least one contender has abandoned its plans; Invesco pulled the plug on its ETF application mere hours before the ProShares Bitcoin futures ETF launched.
Bitcoin ETFs around the world
While the U.S. has dragged its heels, other countries have pressed ahead. There are now multiple Bitcoin ETFs operating in countries such as Canada and Brazil, with Europe’s first Bitcoin ETF going live in August 2023. And there are a number of exchange-traded notes (ETNs) in Europe, which are very similar financial instruments.
Analysts Increase Odds of Bitcoin ETF Approval This Year to 75%
Grayscale’s court win yesterday has added optimism for a Bitcoin ETF this year. Bloomberg’s ETF experts Eric Balchunas and James Seyffart now give a 75% chance of approval by the end of the year. This morning, the duo upped the odds of an approval in 2023 from 65% at the start of August. Lot of people were asking yesterday. Eric and I have moved to 75% for 2023 launch of a spot #Bitcoin ETF and we think it’s almost a done deal that we will have one launched by the end of 2024. https://t.co/nO1g…
5 min read
Nivesh RustgiAug 30, 2023
Despite numerous rejections and delays, the crypto industry remains optimistic about the prospects of a spot Bitcoin ETF in the U.S.
BlackRock’s June 2023 application, followed by Grayscale’s August 2023 victory in court against the SEC, reignited hopes; Bloomberg analysts now put the odds of a spot Bitcoin ETF being approved by January 10, 2024 at 90%, a view echoed by JPMorgan.
That optimism is fueled by a looming window in January 2024 during which the SEC could approve multiple applications simultaneously, though a previous window in November 2023 passed without incident, with the SEC delaying approval on several applications. Of course, there’s still no guarantee that the SEC will approve a spot Bitcoin ETF during that window.
Speaking to Decrypt in November 2023, Coinbase CEO Brian Armstrong said he was “pretty optimistic” that an ETF would be approved in 2024, while stressing that he didn’t have “proprietary or inside knowledge” on the matter. Earlier that month, Coinbase’s COO Emilie Choi said that it was “ready to hit the ground running,” on approval of an ETF, noting that custody fees would open up a new revenue stream for the exchange.
“One stat that I find really powerful is that 52 million Americans own crypto today despite the current regulatory overhang,” Choi said. “So, imagine what will happen once ETFs are introduced and widely available.”
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