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U.S. Court Orders SEC to Reevaluate Grayscale's Bitcoin ETF

The D.C. Circuit Court mandates SEC to reassess Grayscale's Bitcoin ETF application, highlighting market integrity and industry implications.
Published on 2023-10-23

Court Orders Reassessment of Grayscale's Bitcoin ETF

The U.S. Court of Appeals for the D.C. Circuit has mandated the Securities and Exchange Commission (SEC) to reevaluate Grayscale Investments' proposal for a spot Bitcoin Exchange-Traded Fund (ETF). This decision follows the SEC's choice not to dispute an earlier ruling, coupled with its failure to appeal by a specified deadline.

Grayscale's Advantageous Position

Grayscale's Bitcoin ETF application gains traction due to its effective mechanisms for identifying market misconduct. The court has recognized similarities between Grayscale's proposed spot Bitcoin ETF and existing approved Bitcoin futures ETFs, suggesting that Grayscale's application should not face excessive regulatory obstacles.

Strategic Filing Update

In light of the SEC's inaction on the previous ruling, Grayscale has taken proactive steps by submitting an updated filing. This new submission aims to convert its GBTC fund into a comprehensive ETF. Departing from the traditional S-1 filing process, Grayscale opted for an expedited S-3 filing, with aspirations to list on NYSE Arca, subject to regulatory approval.

Industry Response and SEC's Uncertain Path

While Grayscale awaits the SEC's decision, other major financial entities, including BlackRock and Fidelity, are also seeking SEC approval for their Bitcoin ETFs. The SEC's future actions remain unpredictable, leaving the industry in anticipation.

This summary encapsulates the significant developments surrounding Grayscale's Bitcoin ETF pursuit, emphasizing its potential impact on the broader financial landscape. The situation highlights ongoing regulatory challenges and strategic maneuvers within the cryptocurrency sector.

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