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SEC Postpones Ruling on ARK’s Bitcoin ETF Proposal
The U.S. Securities and Exchange Commission (SEC) has once again postponed its decision regarding ARK Investment Management’s proposed spot Bitcoin ETF. A recent notice from the SEC on August 11 revealed a 21-day public comment window for the ARK 21Shares Bitcoin ETF after its appearance in the Federal Register. This continues the regulator’s streak of postponements on deciding the fate of spot cryptocurrency ETFs in the nation. Having initially filed their ETF listing in May, ARK has provided the SEC up to 240 days, or until January 2024, to finalize their verdict.
For an ETF to secure a spot on the Cboe BZX Exchange, which is ARK’s goal, the applicant needs to showcase a robust surveillance-sharing agreement with a significant, regulated market. ARK’s previous attempts at listing a crypto ETF faced rejection from the SEC. The agency expressed concerns that such proposals wouldn’t adequately deter “fraudulent and manipulative acts and practices,” thus failing to safeguard investors.
Clarifying its stance, the SEC mentioned on August 11, “There isn’t a need for the spot bitcoin market to be regulated for this proposal to gain approval. Historically, the regulated market for a spot commodity or currency is more an exception than a rule.”
ARK’s CEO, Cathie Wood, had anticipated this delay by the SEC. In an interview on August 7, she also foresaw the possibility of the SEC approving several spot BTC ETFs simultaneously in the future.
ARK is among numerous U.S. entities vying for a spot crypto ETF listing on an authorized exchange. Notably, in July, BlackRock, the world’s foremost asset management firm, lodged its application. Several companies have also updated their applications to feature the cryptocurrency exchange, Coinbase, as a surveillance-sharing partner. This move was influenced by rumors suggesting the SEC might be more receptive to a spot crypto ETF with such provisions.
As of the recent update on August 11, the SEC has yet to greenlight any spot crypto ETFs in the U.S. However, they commenced permitting investment tools connected to BTC futures in October 2021. Currently, Grayscale is in a legal tussle with the SEC, contesting the agency’s denial to list its Bitcoin trust as a spot Bitcoin ETF.

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