Winklevoss ETF denied, SEC Commissioner Dissents, SolidX Likely to be Delayed, but inside SEC & CTFC Sources say a "Bitcoin ETF Will be Approved This Year."
Bitcoin and Cryptocurrency ETF applications are piling-up on the SEC’s desk, but why was the Winklevoss ETF denied and what chance do the remaining ETF applications have?
The Winklevoss twins were once again denied their application to list and trade shares of “The Winklevoss Bitcoin Trust” ETF on the Bats BZX Exchange by the SEC in a 3-1 decision, despite the twins making a number of changes to this most recent proposal based on the SEC’s previous reasons for refusal.
However, it is the very nature of the global underlying market conditions of the cryptocurrency market that appears to have given the SEC concerns regarding market volatility, fraud and investor protection, in relation to insider trading, malicious software and hacked exchanges, many of which are outside the US and this being inconsistent with the Securities Exchange Act of 1934, section 6b. We've all seen how the market suffers, when hackers attempt to exploit Binance's hot wallets.
But, SEC Commissioner, Hester Pierce, who has previously made a number of positive, crypto-friendly comments, has declared her dissent with the decision;
Pierce argues that the SEC should permit BZX to list and trade the Winklevoss ETF, because it satisfies the statutory standard of the said act and also states that approval would actually have been beneficial to investor protection;
Commissioner Pierce’s reason for disagreeing with the SEC is that the Exchange Act “says nothing about looking at underlying markets, as the Commission often has done in its orders" and that the proposed BZX listing and trading should have been decided upon according to its own merits; “Winklevoss Bitcoin Trust (“Trust”) would trade under BZX Rule 14.11(e)(4), which governs the listing and trading of Commodity-Based Trust Shares. This rule would require the ETP shares to meet initial and continued listing standards.”
The SEC decision is in line with a staff letter published in January this year;
But perhaps the SEC is right to have its stated concerns in relation to the Winklevoss ETF;
Now that the Winklevoss twins have fallen out of the race, the frontrunners in the ETF race are Direxion, Bitwise and SolidX.
The SEC already announced this week a delay, until September, of their decision on whether or not to approve five Bitcoin ETF applications filed by Direxion; Direxion Daily Bitcoin Bear 1X Shares, Direxion Daily Bitcoin 1.25X Bull Shares, Direxion Daily Bitcoin 1.5X Bull Shares, Direxion Daily Bitcoin 2X Bull Shares, and Direxion Daily Bitcoin 2X Bear Shares.
The NYSE Arca exchange is seeking to list and trade the Direxion ETFs and in January they submitted a filing for a proposed rule change under the NYSE Arca Rule 8.200-E, to bring the proposed applications in line with the very same Section 6(b)(5) of the SEC Act, dealing with the protection of investors from fraudulent and manipulative trading practices. The SEC has now decided to designate a 60-day extension to consider the rule change and its final decision;
The SEC is likely to have misgivings about the leveraged, higher risk nature of Direxion’s Bitcoin ETF proposal, compared to traditional ETFs and it may ultimately prove to be too exotic for the SEC’s liking.
It’s not just a Bitcoin ETF that is now waiting for approval after an ETF application was submitted by Bitwise called the “Hold 10 Cryptocurrency Index Fund,” which, as the name suggests, will consist of the top 10 cryptocurrencies, such as Ethereum, Ripple, EOS, Cardano, Tron, Bitcoin Cash, IOTA and Stellar Lumens and it will be weighted by market cap.
The SEC has not so far delayed the VanEck & SolidX ETF application, which Cboe Global Markets is seeking permission from the SEC to list and trade and a decision from the SEC is scheduled for August 10th. The SEC called for public comments on the SolidX proposal, which so far seem to be mostly positive.
Daniel H. Gallancy, CEO of SolidX Partners Inc, has been quoted as saying;
Indeed, the SolidX proposal will clearly be focused on institutional investors, as reflected in the minimum entry point of one SolidX share, this being 25 BTC—which is roughly $200,000, as of 28th July, 2018, thus creating a substantial influx of institutional capital waiting on the sidelines and is the most likely ETF proposal to be approved and if we take any notice of rumours, the SEC is set to approve SolidX at some point this year.
SolidX Inc has been lobbying the SEC for approval of its ETF and like Commissioner Pierce, VanEck argues that a Bitcoin ETF would be beneficial to investor protection in that would combat price manipulation;
The SolidX proposal may be looked upon more favourably by the SEC, although it may not answer the concerns of the SEC in relation to the global nature of the cryptocurrency market and it lying beyond the control of the SEC to intervene in order to protect investors from market manipulation such as wash-trading and spoofing;
Whatever transpires, the following series of tweets by a lawyer, Jake Chervinsky, sheds light on the decision-making process of the SEC, so don’t be surprised, if we see an announcement in August that the decision on whether or not to approve the SolidX ETF proposal has been delayed. It may ultimately be delayed until March 2019.
Although the SEC is clearly wrestling with the approval of the first Bitcoin ETF, it has also stated for the public record that;
And it has been reported that internal sources within the SEC and more particularly the CTFC are saying a Bitcoin ETF is very close to being approved and I merely report this, without wishing to suggest that it should be relied upon.
Commissioner Pierce also alluded to the need of the US to send a “strong signal” that its markets are at the forefront of innovation and consider the need to prevent innovation and capital flight to other markets. The continued procrastinating of the SEC will strengthen Japan’s position in the FinTech race and the first ETF may well come from Canada, which has a history of approving groundbreaking ETFs before the US and the Winklevoss decision has gifted Canada more time to consider and approve a Bitcoin ETF, as Commissioner Pierce fears. The Evolve Bitcoin ETF (BITS), filed three months ago, is awaiting approval in Canada and it would track Bitcoin futures.
Some may consider the argument of Commissioner Pierce and VanEck that a Bitcoin ETF will combat price manipulation to be rather back to front and that the need for a regulatory framework to be in place before an ETF approval is the first and most important step to aiding ETF approval. The long waited for regulatory framework is almost upon us and it is reported to be positive, in order to prevent the fears of capital and innovation flight from the US.
https://bitcoinmagazine.com/articles/winklevoss-bitcoin-etf-proposal-denied-us-sec/
https://unhashed.com/cryptocurrency-news/race-bitcoin-etfs-winklevoss-twins-denied-sec/
https://www.sec.gov/news/public-statement/peirce-dissent-34-83723
https://theicojournal.com/source-bitcoin-etf-nearly-certain-to-win-approval-later-this-year/
https://www.ccn.com/sec-delays-ruling-on-five-bitcoin-etf-applications/
https://www.chepicap.com/en/news/2433/fud-sec-delays-ruling-on-bitcoin-etf-applications-until-september.html
https://blokt.com/news/bitwise-looking-into-launching-a-crypto-etf
https://ethereumworldnews.com/here-is-what-recent-bitcoin-btc-etf-applications-to-the-sec-mean-for-the-crypto-markets/
https://www.bloomberg.com/professional/blog/u-s-bitcoin-etf-launch-2018-good-luck-one/
I think CBOE ETF is expected to be approved either this year or early next year.
And why not, its price is set according to the current futures price, it is insured, only targeted towards institutions and the SEC’s concerns about manipulation of the BTC spot price in jurisdictions outside the US hasn’t put JP Morgan off the idea of investing in the Swedish XBT tracker fund.
None of us were really paying much attention to the Winkleoss ETF anyways, that was just an apeal from last years ETF proposal. All eyes are on the Cboe etf which is highly likely to be approved. They're all friends making deals behind the scenes.
I hope you’re right about the high probability of approval and I agree it’s certainly plausible that they are friends making deals behind the scenes. But, how the CBOE application answers the SEC’s stated concerns about the underlying market conditions of manipulation, malicious software and exchange hacks (many of them being outside the US) is an interesting question.
I believe #Chervinsky has it right. And FWIW I believe Everyone in the BitSphere IS paying attention and in light of all this they may be paying too much for #Bitcoin right now too.
A lot of speculators have predicted the next major price rise coming sometime within the next few weeks followed by a surge in #February which would make perfect sense with the SEC's next delayed decision coming in #March #2019
Here's my take...
I've read your take and I agree with its contents. The Winklevoss denial may have been an appeal against a previous refusal, but the reasons given for refusal by the SEC has implications for the VanEck ETF, despite it being backed by CBOE and having a better chance, because it targets institutional investors, whereas the minimum entry point of Winklevoss was 0.1 BTC. The underlying market conditions, manipulation etc are there just the same. Let's wait and see what happens, but I'm half expecting a delay of the August 10th deadline and a negative impact on the market. I expect to see a regulatory framework from the SEC, before we get an ETF and because of the current regulatory uncertainty the price is going to keep bouncing up and down. The current market conditions suit traders, trading volatility, rather than hodlers, but this will change in time.
Spot on! @sandwichbill
Let's see how this plays out, but I believe you are right about this creating a volatile market which favours the frequent traders over the likes of long term investors.
ETF September.?
I tend to think now that it’s going to be a frustrating wait. We may see regulatory measures first.
I'm looking forward to August 10th. The institutional investor focus is a big positive and it may be the final push an ETF needs to get approved.
Nice post sir
I am new on Steemit can I get your single upvote I will upvote in return as much. As possible
Thank you for compiling and summarizing all the ETF happenings in the Bitcoin world. Would you shed some additional light into what you think the approval or continued denial will mean in relation to market prices of the coins that are included in the indexes proposed, or crypto as a whole?
I think that etf not approved this year.
I bet one of the big parties like Blackrock will get approval earlier than the current frontrunners. Not sure if these parties are applying at all though but some of their clients certainly are requesting for it.
Agreed, Blackrock are certainly looking into the cryptocurrency market and they are the world's largest provider of ETFs.
Blackrock is $1 trillion worth company. Crypto market will go crazy with the huge investment of blackrock. Fingures crossed.
Although I don’t mention Blackrock in my article, you’re right about the impact a Blackrock ETF would have on the market and they actually have something like 6 Trillion under management. If they wanted to apply to the SEC for a Bitcoin ETF, they would go about it in a different way by asking the SEC what they had to do to get an ETF approved. The Winklevoss twins go in the front door of the SEC, but firms like Blackrock go in the back door.
One down 3 to go.nice work.
Good article, I look at it as having more time to obtain more coins before this happens.
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Bitcoin in the moon cryptocurrency field and people love and easy to use .
Is that right??
The State Securities Commission (SSC) has warned industries to avoid transactions, issuance, and brokerage of cryptocurrencies. The SSC said that trading in cryptocurrencies is similar to money-laundering since they are not legal tenders. Furthermore, Vietnam's central bank, the State Bank of Vietnam had given a nod for banning the import of cryptocurrency mining devices last week. Even though the decision is temporary, it affected the crypto market in a negative way.
@harshsahu
I hadn’t heard about the SSC story and I've no idea whether it is actually true. It may just be FUD, like so many reports coming out of Asia and the timing of this makes me suspicious. We often see these kind of reports regarding events in Asis, which are deliberately timed to coincide with futures expirations, the last of which was on Friday and we later find-out that they're not entirely accurate, but, as I say, I don't really know.
Yes ...SEC would not be able to hold the ETFS for long and CBOE will get it approved and I fully endorse the SEC commissioner's standpoint! Cryptos to the moon and Beyond!
when moon ?????
I think we may be in for a frustrating wait, but we'll get our ETF in the end.
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comments your views ..
Yep, that sums up Hester Pierce's view of the Winklevoss refusal. She's trying to tie-down the SEC decision making process to its narrower remits and let's hope she succeeds.
Very nice article, I think their ETf application does not really matter in the grand scheme of things, but I still think a CBOE etf will not go ahead either..just not yet at least untill we have some regulation. Anyway nice article please check out my work
Thanks for your comments. I agree that regulations will come first.
Everything will be fine, they will. Not going anywhere.
Yes ETF for bitcoin would be approved for sure but it would take time for this to happen , whenever it happens expect $5000 boost on the upper side for BTC
Upvote my comments and reply
Yes, I think it's going to take a bit more time than we hoped. Also, Blackrock, fidelity, Susquehanna etc may submit applications at some point and probably to granted approval.
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its too long post bro.
Nobody’s forcing you to read it, bro.
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Maybe not this time, but one day it will surely be approved in some form. We need to keep track of the future dates.
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