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Hashdex meets with SEC over spot Bitcoin ETF application

27 October 2023
hashdex meets with sec over spot bitcoin etf application 1

Hashdex meets with SEC over spot Bitcoin ETF application

Asset manager Hashdex recently sat down with the United States Securities and Exchange Commission (SEC) to address concerns regarding its application for a spot Bitcoin exchange-traded fund (ETF). The meeting, which took place on October 13, included representatives from Hashdex, NYSE Arca, Tidal Financial Group, and K&L Gates. During the meeting, Hashdex presented its mechanism for trading and holding spot Bitcoin within the ETF on the Chicago Mercantile Exchange (CME). Unlike other spot Bitcoin applications, Hashdex’s proposal does not rely on a surveillance-sharing agreement with Coinbase; instead, the strategy is based on acquiring spot BTC from physical exchanges within the CME market. The SEC may request more information before the application’s deadline on November 17. If approved, Hashdex’s ETF would be among the first spot Bitcoin ETFs in the United States.

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Regulator Meeting and Concerns

Hashdex meets with SEC

Addressing concerns over spot Bitcoin ETF application

Earlier this month, asset manager Hashdex had a crucial meeting with the United States Securities and Exchange Commission (SEC) to discuss and address the regulator’s concerns regarding its application for a spot Bitcoin Exchange-Traded Fund (ETF). The meeting, which took place on October 13, involved six SEC officials and representatives from Hashdex, NYSE Arca, Tidal Financial Group, and the law firm K&L Gates.

Meeting Details

Date of the meeting

The meeting between Hashdex and the SEC took place on October 13.

Attendees

The meeting was attended by six SEC officials and representatives from Hashdex, NYSE Arca, Tidal Financial Group, and the law firm K&L Gates.

Hashdex meets with SEC over spot Bitcoin ETF application

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Hashdex’s Mechanism

Spot Bitcoin trading and holding in the ETF

Hashdex’s application for a spot Bitcoin ETF differs from other applications in that it proposes to allow spot Bitcoin to be traded and held within the ETF. This mechanism would provide investors with direct exposure to Bitcoin’s price movements without requiring them to physically acquire and store the cryptocurrency.

Reliance on CME pricing for transactions

In its filing with the SEC, NYSE Arca highlighted that Hashdex intends to rely on the pricing of Bitcoin on the Chicago Mercantile Exchange (CME) for its transactions. This means that the ETF’s trading and valuation would be based on CME’s Bitcoin futures prices, which are regulated by the Commodity Futures Trading Commission.

Difference from other spot Bitcoin applications

Unlike other spot Bitcoin applications, Hashdex’s proposal does not include a surveillance-sharing agreement with Coinbase, a leading cryptocurrency exchange. Instead, Hashdex intends to acquire spot Bitcoin from physical exchanges within the CME market. This unique approach makes the ETF entirely reliant on the CME pricing for its transactions.

SEC Filing and Presentation

NYSA Arca’s SEC filing

In late August, NYSE Arca filed an SEC document explaining Hashdex’s spot Bitcoin ETF application. The filing highlighted the differences in Hashdex’s mechanism compared to other applications and provided clarifications on its reliance on CME pricing.

Teucrium Order

During the meeting with the SEC, Hashdex presented a strategy that aligns with the commission’s Teucrium Order. This order states that the Bitcoin futures market is mature enough to support financial products that seek exposure to Bitcoin. The presentation shared with SEC officials during the meeting demonstrated how Hashdex plans to incorporate this strategy within its ETF.

Presentation shared with SEC officials

As part of its efforts to address the SEC’s concerns, Hashdex shared a detailed presentation with SEC officials during the meeting. The presentation outlined the proposed mechanism of the spot Bitcoin ETF and provided additional information to support the application.

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Hashdex meets with SEC over spot Bitcoin ETF application

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Next Steps

Possible request for more information

Following the meeting, the SEC may request additional information from Hashdex before the application’s first deadline on November 17. This request for more information is a common practice during the regulatory approval process and allows the SEC to gather all necessary details to make an informed decision.

Application’s first deadline

The first deadline for Hashdex’s spot Bitcoin ETF application is set for November 17. This deadline marks an important milestone in the SEC’s review process and will determine the next steps for Hashdex moving forward.

Hashdex’s Assets and History

Amount of assets under management

Hashdex currently manages over $380 million in assets. This sizable asset base demonstrates the company’s expertise and experience in managing investment products.

Number of exchange-traded products (ETPs)

Hashdex has successfully launched and manages 14 exchange-traded products (ETPs) across seven countries. This extensive track record further strengthens the company’s credibility and demonstrates its ability to navigate complex regulatory environments.

Approval and listing of Bitcoin Futures ETF

In April 2022, the SEC approved Hashdex’s Bitcoin Futures ETF, which has been listed on NYSE Arca since September of the same year. The successful approval and listing of this product showcase Hashdex’s ability to comply with regulatory requirements and offer innovative investment solutions to investors.

Hashdex meets with SEC over spot Bitcoin ETF application

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Competition in Spot Bitcoin ETF Listing

Major asset managers race to list

Several major asset managers are currently competing to be the first to list a spot Bitcoin ETF in the United States. This competition highlights the growing demand for Bitcoin investment products and the potential for significant market impact once approved.

BlackRock’s ETF proposal

BlackRock, one of the world’s largest asset managers, recently submitted its proposal for a spot Bitcoin ETF. This development has generated significant interest and speculation, with experts suggesting that BlackRock’s ETF proposal could receive approval in the near future.

Expected approval timeline

According to Bloomberg ETF analyst Eric Balchunas, the current consensus view is that the SEC will approve all spot ETFs within three months. This timeline indicates that the approval process for spot Bitcoin ETFs is progressing relatively quickly, signaling a growing acceptance and understanding of cryptocurrencies within the regulatory framework.

Magazine News: Blockchain Detectives

Mt. Gox collapse and Chainalysis

A recent article titled “Blockchain Detectives — Mt. Gox collapse saw the birth of Chainalysis” sheds light on the significant role played by Chainalysis, a blockchain analytics company, in investigating the infamous Mt. Gox collapse. This event marked a pivotal moment in the history of cryptocurrencies and led to the development of advanced blockchain analytics tools.

Importance of the article

The article highlights the importance of blockchain analytics in combating fraud, money laundering, and other illicit activities in the cryptocurrency industry. As the industry continues to mature, tools like Chainalysis play a crucial role in ensuring transparency, security, and compliance in the digital asset ecosystem.

Hashdex meets with SEC over spot Bitcoin ETF application

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UK’s FinProm and Transak Compliance

Welcome change

The recent development involving UK’s FinProm, the Financial Conduct Authority’s (FCA) regulatory unit for cryptocurrency companies, is seen as a welcome change. FinProm aims to enhance compliance standards and promote responsible behavior within the cryptocurrency industry, ultimately fostering greater investor confidence.

Ongoing challenges

While the establishment of FinProm is a positive step, compliance remains an ongoing challenge for cryptocurrency companies. The evolving nature of regulations and the need for continuous adaptation pose complexities that require diligent efforts from industry participants.

Grayscale’s Spot Bitcoin ETF Filing

New filing on NYSA Arca

Grayscale, a leading digital asset management firm, has filed for a new spot Bitcoin ETF on NYSE Arca, adding to the growing list of asset managers seeking approval for such products. This filing signifies Grayscale’s recognition of the market demand for spot Bitcoin ETFs and its commitment to providing investors with regulated investment opportunities.

Implications for the market

Grayscale’s filing further reinforces the growing acceptance and adoption of cryptocurrencies within the traditional financial system. As more established institutions enter the market, it not only validates the legitimacy of digital assets but also opens up new avenues for investors to participate in this emerging asset class.

In conclusion, Hashdex’s meeting with the SEC demonstrates the asset manager’s commitment to addressing any concerns and seeking regulatory approval for its spot Bitcoin ETF application. This meeting, along with the filing and presentation shared with SEC officials, showcases Hashdex’s unique mechanism and highlights its track record of successfully managing investment products. As the competition for spot Bitcoin ETF listings intensifies, Hashdex and other major asset managers are positioning themselves to meet the growing demand for regulated Bitcoin investment opportunities. Additionally, recent developments such as the emergence of blockchain detectives and the establishment of regulatory units like FinProm in the UK further highlight the importance of transparency, compliance, and responsible behavior within the cryptocurrency industry. Grayscale’s filing for a spot Bitcoin ETF adds further momentum to the market and reinforces the increasing acceptance of cryptocurrencies within traditional finance. Overall, these developments indicate the ongoing evolution and maturation of the cryptocurrency ecosystem, paving the way for broader adoption and institutional participation.

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