SEC Ordered to Reconsider Grayscale’s Bitcoin ETF Application

A federal appeals court has ordered the SEC to reevaluate Grayscale Investments’ application for a Bitcoin ETF. The court found fault with the SEC’s denial, stating it was “arbitrary and capricious” due to the agency’s failure to justify its differential treatment between Grayscale’s proposal and approved Bitcoin futures ETFs. Win for the crypto!

Read more: Navigating Ripple’s Legal Drama: The SEC Lawsuit


Setback for SEC Chair Gary Gensler

This court ruling marks yet another setback for SEC Chair Gary Gensler’s efforts to regulate the burgeoning cryptocurrency industry. The SEC had initially denied Grayscale’s application, citing concerns about the unregulated nature of Bitcoin spot markets and their susceptibility to manipulation.

Grayscale, a major player in the crypto space, celebrated the court’s decision as a “monumental step” for Bitcoin exposure in the form of an ETF. However, they noted that they are reviewing the ruling’s implications.

The Wider Crypto ETF Landscape

The SEC has repeatedly rejected Bitcoin ETFs from various asset managers, including Fidelity Investments. Currently, the SEC-approved Bitcoin ETFs are based on futures contracts, which trade on regulated derivatives exchanges.

SEC Chair Gary Gensler has prioritized bringing cryptocurrency markets in line with federal regulations. He has strengthened the SEC’s crypto enforcement team and remains committed to addressing the issue of unregistered cryptocurrencies circulating in the market.

Also this June, BlackRock submitted an application to list its own spot Bitcoin ETF. This move was widely interpreted as a clear signal that the world’s largest asset manager believed the SEC’s resistance to such ETFs was surmountable. Following BlackRock’s lead, Fidelity and other prominent fund providers also unveiled their proposals for spot Bitcoin ETFs.

Challenges in the Crypto Regulation Landscape

Gensler’s regulatory approach has faced challenges, including a recent federal judge ruling against the SEC in a case involving Ripple Labs’ XRP cryptocurrency. This ruling has the potential to impact the SEC’s cases against platforms like Coinbase and Binance.

The Role of GBTC

Grayscale’s Bitcoin Trust (GBTC), launched in 2013, provides investors with exposure to Bitcoin without the complexities of direct ownership. GBTC currently holds a substantial amount of Bitcoin and charges an annual management fee.

Now is the time for the U.S. to embrace innovation by making bitcoin available to investors through exchange-based products or risk falling behind global powers that are moving faster to claim this advantage.

Alex Adelman, Lolli CEO and co-founder

GBTC was the first SEC-registered vehicle for Bitcoin exposure but saw its shares trading at a discount after the approval of similar products. Grayscale believes converting GBTC into an ETF could address this issue.

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In a plot twist that even Hollywood would envy, the federal appeals court has given the SEC a little nudge to rethink Grayscale’s Bitcoin ETF application. It’s like a scene from a suspenseful movie, where you’re not quite sure how it will end. While we can’t predict the sequel with certainty, this ruling cracks open the door to the possibility of a Bitcoin spot ETF finally making its grand entrance in the United States. It’s as if Bitcoin has been rehearsing for its big Broadway debut.

This legal drama also highlights something important – cryptocurrencies are becoming the rockstars of the financial world. They’ve got the potential, the charisma, and the crowd’s attention. But, just like rockstars need good managers, cryptocurrencies need clear regulatory frameworks to support their meteoric rise.

As the SEC revisits its script, the crypto community is in the front row, popcorn in hand, eagerly awaiting the next thrilling episode in the saga of digital assets. Stay tuned for more crypto adventures, where the only thing certain is that there’s never a dull moment in the world of blockchain!


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