Close Menu
Crypto Valley Journal
    Facebook X (Twitter) Instagram
    Crypto Valley Journal
    • Hot Topics
      • News
      • Minds
    • Focus
      • Background
      • Blockchain
      • Legal & Compliance
      • Non-Fungible Token (NFTs)
    • Investing
      • Markets
      • Financial Products
      • Decentralized Finance (DeFi)
      • Exchange overview
    • Education
      • Basics
      • Glossary
      • Politicians on crypto
    • Statistics
      • Bitcoin-ETF-Flows
      • Ethereum-ETF-Flows
      • Crypto market data
      • On-chain data
    • Academy
      • Overview
      • Part 1: Blockchain
      • Part 2: Money
      • Part 3: Bitcoin
      • Part 4: Cryptocurrencies
      • Part 5: Decentralized Finance
      • Part 6: Investing
    • English
      • Deutsch
    Crypto Valley Journal
    You are at:Home»Focus»Legal & Compliance»Grayscale wins over SEC: is the Bitcoin ETF secured?
    Grayscale triumphiert über SEC in wegweisendem Bitcoin-ETF-Fall

    Grayscale wins over SEC: is the Bitcoin ETF secured?

    By Editorial Office CVJ.CH on 30. August 2023 Legal & Compliance

    The long-standing battle for the first spot-based Bitcoin ETF is soon coming to an end. A US court ruled in the case of Grayscale against the SEC that the agency's categorical rejection of a spot-based fund is to be deemed arbitrary and unlawful, marking a landmark victory for the US crypto industry.

    A three-member appellate panel in Washington D.C. overturned the decision of the US Securities and Exchange Commission (SEC), which had previously thwarted Grayscale's efforts to launch a spot-based Bitcoin ETF. The fund would have been tied directly to the cryptocurrency's spot price, as a conversion of the existing Grayscale Bitcoin Trust (GBTC). The verdict signifies not only a groundbreaking legal triumph for Grayscale but also for the entire US crypto sector. While the SEC retains the option to challenge the court's decision, the judges' strong wording suggests a finalized judgment.

    Subscribe to our newsletter

    The best articles of the week, directly delivered into your mailbox.

    A Bitcoin ETF poised to unleash billions in capital

    The Grayscale Bitcoin Trust (GBTC) is a financial product that enables investors to participate in Bitcoin's price movement without directly owning or managing the cryptocurrency. GBTC offers investors shares that can be bought and sold on the secondary market. As Grayscale lacks SEC approval for exchange trading, the Trust's shares are classified as restricted securities. Consequently, the Trust's shares can only be traded among accredited investors and via over-the-counter (OTC) markets.

    Grayscale Bitcoin Trust (GBTC) premium/discount to net asset value / Source: yCharts

    According to Grayscale, the company cannot offer continuous redemptions and creations of shares like those possible with exchange-traded products (ETPs or ETFs). As a result, shares of Grayscale products trade at a discount, at times reaching up to 50%. The crypto conglomerate estimates the lost value for investors to be over $4 billion USD. Notably, the Trust manages $17.4 billion USD in Bitcoin, representing roughly 3.4% of the cryptocurrency's total supply. By denying the conversion of the Grayscale product into an ETF, the SEC, according to the provider, harms thousands of institutional investors.

    Ray Dalio’s Bridgewater Associates Minds

    Star investor Ray Dalio considers Bitcoin inferior to gold

    CLARITY Act DeFi Background

    CLARITY Act: The year’s most important crypto deal heads for a decision

    JPMorgan warns: Recurring DeFi exploits and stagnant ETH-denominated TVL curb institutional engagement in the DeFi sector. DeFi

    JPMorgan: DeFi hacks and TVL losses weigh on institutional investors

    Basics

    Unit bias in crypto: Why cheap coins mislead investors

    Ray Dalio’s Bridgewater Associates Minds

    Star investor Ray Dalio considers Bitcoin inferior to gold

    CLARITY Act DeFi Background

    CLARITY Act: The year’s most important crypto deal heads for a decision

    US court criticizes arbitrary actions of the SEC

    The SEC argued that a spot-based Bitcoin ETF lacks the necessary regulatory mechanisms to prevent fraudulent activities. Nonetheless, in October 2021, the regulatory agency approved several products based on derivative contracts from the CME Exchange. As a response, Grayscale filed a lawsuit against the SEC in July 2022, claiming that the agency treated two similar products differently, which contradicts US laws. The appellate panel unanimously agreed with this assertion.

    "In denying Grayscale's [application], the Commission failed to adequately explain why it permitted the listing of two Bitcoin futures ETPs but not the similar Bitcoin ETP proposed by Grayscale. Absent such an explanation, the unequal treatment of similar products is arbitrary and capricious." - Court decision in the case of Grayscale against the SEC

    Grayscale clearly demonstrated a 99.9% correlation between Bitcoin's spot and derivative markets. This correlation is based on the logical and mathematical connection between the spot and derivative market. The crypto conglomerate presented substantial evidence that Grayscale's product is similar to the approved futures ETFs under relevant statutes. Therefore, all three judges decided that the SEC must reevaluate Grayscale's conversion application. While the ruling doesn't automatically convert the Trust, the probability of approval for the first spot-based ETFs from providers like BlackRock & Co. received a significant boost.

    Share. Facebook Twitter LinkedIn Email Telegram WhatsApp

    About the author

    Editorial Office CVJ.CH

      The CVJ editorial staff consists of a team of Blockchain experts and informs daily and independently about the most exciting news.

      Related Articles

      Bitcoin regime shift in question as April rally pushes BTC above $80k, with $2.4 billion in ETF inflows and patient capital building support.

      Spring cleaning: Bitcoin tests the regime shift above $80k

      FINMA tightens consumer protection in crypto, grants first DLT license to BX Digital, and plans new license categories for stablecoin issuers.

      FINMA tightens crypto supervision and warns of consumer risks

      Canada announces national crypto ATM ban. Roughly 4,000 machines are affected as Ottawa targets fraud and money laundering.

      Canada bans crypto ATMs

      JPMorgan sees Bitcoin ahead of gold in the debasement trade: GLD loses 2.7% AUM, IBIT gains 1.5% AUM since Iran war outbreak.
      8. May 2026

      JPMorgan: Bitcoin overtakes gold in the debasement trade

      Bitcoin regime shift in question as April rally pushes BTC above $80k, with $2.4 billion in ETF inflows and patient capital building support.
      8. May 2026

      Spring cleaning: Bitcoin tests the regime shift above $80k

      CLARITY Act DeFi
      7. May 2026

      CLARITY Act: The year’s most important crypto deal heads for a decision

      twitter image button instagram image button linkedin image button youtube image button

      About Crypto Valley Journal
      About Crypto Valley Journal

      On the pulse of the movement

      • Academy
      • Contact
      • Advertising
      • About us
      • Partner
      • Imprint
      • Privacy
      • Disclaimer
      Search

      Type above and press Enter to search. Press Esc to cancel.