Bitcoin ETF issuers clear hurdle on path to SEC approval

Bitcoin ETF issuers clear hurdle on path to SEC approval
SEC staff members asked some exchanges and issuers seeking to list the ETFs to submit the final version of a key document as soon as Friday, sources said.
JAN 05, 2024
By  Bloomberg

Firms looking to launch spot bitcoin exchange-traded funds cleared a major hurdle this week on the path to gaining sign-off from U.S. regulators in coming days.

Securities and Exchange Commission staff told several exchanges and issuers seeking to list the ETFs that they should submit a final version of a key document as soon as Friday, according to four people familiar with the matter who asked not to be named because the discussions are private. The staff had no additional feedback on the paperwork for several of the firms after the latest amendments, two of the people said.

The documents are what are known as 19b-4 filings, which are proposals for rule changes on stock exchanges that will allow the ETFs to be traded. 

The SEC commissioners are expected to vote on the exchange-rule filings next week, according to another person familiar with the process. Often, ETF approvals can be delegated to SEC staff without a vote by commissioners. It’s unclear whether SEC staff had no additional feedback on all of the firms’ 19b-4 filings.

The issuers also need the SEC to sign off on the final versions of their S-1 filings, which are the prospectus documents for the ETFs. SEC approval of the 19b-4 and S-1 forms may or may not happen concurrently, though typically the S-1s are approved after the 19b-4s.

A representative for the SEC declined to comment.

Should both approvals be obtained, the ETFs could start trading as soon as the next business day. 

Last week, multiple issuers, including BlackRock Inc. and Fidelity, submitted amended S-1 filings to name their authorized participants — broker-dealers responsible for handling the creation and redemption of baskets of shares for ETFs. While the step is typically taken for granted in traditional ETF creations, it drew attention in bitcoin ETF applications because some industry watchers had expressed concerns that bitcoin funds would have a harder time attracting broker-dealers. 

Spot bitcoin ETF will open path for new crypto asset class, says Grayscale ETF head

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.