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Home Crypto

Grayscale urges equal treatment for all spot Bitcoin ETFs to the SEC

by Reshab Agarwal
July 28, 2023
in Crypto, News
Reading Time: 3 mins read
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Grayscale bashes the SEC for rejecting a spot BTC ETF
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Grayscale Investments, the world’s largest digital currency asset manager, urges for equal treatment of all spot Bitcoin exchange-traded funds (ETFs). The company asserts that a consistent regulatory approach is crucial for the burgeoning cryptocurrency market’s growth and overall investor protection. The statement emphasized that if the SEC were to change its stance and approve any of the mentioned spot Bitcoin ETF applications, it must do so fairly and in an organized manner.

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Grayscale Urges Simultaneous Approval of Spot Bitcoin ETFs for Equal Treatment

In its statement to the U.S. Securities and Exchange Commission (SEC) on Thursday, Grayscale Investments advocated that if the SEC decides to approve any spot Bitcoin exchange-traded fund (ETF) applications, it should do so simultaneously for all applicants to ensure equal treatment among them.

The statement of Grayscale urges equal treatment for all spot Bitcoin ETFs emphasized that granting approval solely to the listed proposals, comprising Ark 21 Shares, Invesco Galaxy, iShares (BlackRock), Valkyrie, VanEck, WisdomTree, and Wise Origin (Fidelity), would signify a positive change in the Commission’s application of the relevant statutory standard. However, it would also lead to an improper and unfair granting of discriminatory first-mover advantage to these proposals, creating a sudden and significant disparity.

Nonetheless, the statement indicated that the efforts made by these applicants to establish a surveillance-sharing agreement with cryptocurrency exchange Coinbase might not fully align with the SEC’s stipulated requirements.

Grayscale’s Perspective on Surveillance-Sharing Agreements and SEC Requirements

Grayscale stated that while they do not question the value of information obtained through a surveillance-sharing agreement with a spot Bitcoin trading venue, they hold the belief that the SEC’s previous rulings have already established that such an agreement with a venue lacking compulsory investigative authority and oversight by a comprehensive market regulator fails to meet the requirements of Section 6(b)(5). This is unless there exists a surveillance-sharing agreement with a market of significant size, similar to the CME Bitcoin futures market, which the Commission deems adequately “regulated.”

In the past, the SEC declined Grayscale’s application to transform its Grayscale Bitcoin Trust (GBTC) into an ETF; nevertheless, the regulatory body has granted approval for several futures-based Bitcoin ETFs. Following the denial of the conversion request, Grayscale initiated legal action against the SEC in June of the previous year. It is important to note that Grayscale operates as a subsidiary of Digital Currency Group, the parent company of CoinDesk.

Grayscale’s GBTC and the Impact of BlackRock’s Bitcoin Spot ETF Application

Grayscale oversees the largest Bitcoin fund globally, GBTC, which is a favoured avenue for institutional investors seeking exposure to Bitcoin without direct asset ownership. Historically, GBTC has traded at a significant discount compared to the actual value of Bitcoin. However, this discount has recently narrowed, partly attributed to BlackRock’s pursuit of a Bitcoin spot ETF.

Amid a surge in bitcoin spot ETF applications last month, submitted by prominent institutions like BlackRock and VanEck, Grayscale Investments issued a statement stressing the need for simultaneous approval of all proposed spot bitcoin exchange-traded products (ETPs). The statement argued that such an approach would promote investor protection and fairness for all issuers, including those like the Trust, whose Rule 19b-4 filings were previously disapproved after extensive consideration by the Commission.

Grayscale’s statement further urged the SEC to implement any change in its stance on spot bitcoin ETF applications fairly and organised, ensuring equal treatment for all prospective ETFs seeking approval.


Grayscale urges equal treatment for all spot Bitcoin ETFs to SEC, underscoring the pressing need for a consistent regulatory framework in the rapidly evolving cryptocurrency market. The call for simultaneous approvals aims to level the playing field among applicants and foster investor protection, instilling confidence in both retail and institutional investors. As the cryptocurrency market continues to gain traction globally, a fair and orderly approach to approving spot Bitcoin ETFs becomes crucial in promoting innovation, competition, and broader adoption of digital assets in the financial landscape. The industry eagerly awaits the SEC’s response to these pleas as it shapes the future of cryptocurrency investment.

Also Read: Binance withdraws crypto license from Germany.

Tags: bitcoinETFgrayscaleSEC
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Reshab Agarwal

Reshab is a tech-enthusiast who likes to write about all things crypto. He is a Bitcoin bull and believes in a decentralized future of finance. Follow him on Twitter for more!

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