SEC Must Review Grayscale's ETF Bid After Previous Rejection, Appeals Court Rules

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SEC Must Review Grayscale's ETF Bid After Previous Rejection, Appeals Court Rules
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A federal appeals court ordered the SEC to 'vacate' its rejection of the trust issuer's bid to convert the Grayscale Bitcoin Trust into an exchange-traded fund.

The U.S. may be about to get its first spot bitcoin exchange-traded fund, after a federal court ruled that the U.S. Securities and Exchange Commission must review its rejection of Grayscale Investments' attempt to convert the Grayscale Bitcoin Trust into an ETF.

"The Securities and Exchange Commission recently approved the trading of two bitcoin futures funds on national exchanges but denied approval of Grayscale’s bitcoin fund. Petitioning for review of the Commission’s denial order, Grayscale maintains its proposed bitcoin exchange-traded product is materially similar to the bitcoin futures exchange-traded products and should have been approved to trade on NYSE Arca. We agree," she said.

"Grayscale has demonstrated its proposed bitcoin ETP is materially similar, across relevant regulatory factors, to the approved bitcoin futures ETPs," the ruling said."First, the underlying assets – bitcoin and bitcoin futures – are closely correlated. And second, the surveillance sharing agreements with the CME are identical and should have the same likelihood of detecting fraudulent or manipulative conduct in the market for bitcoin and bitcoin futures.

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