Explore Legal.io

For Clients
Legal.io company logo
Hire Talent
Find the best fit for any legal role
For Members
Jobs
The best legal jobs, updated daily
Salaries
Benchmark compensation for any legal role
Learn
Learn and grow with our community
Events
Connect with peers at exclusive events
Apps
Tools to streamline legal work
Advertise on Legal.io
Post a job for free
Reach more qualified applicants quickly
Advertise with Us
Reach a targeted audience

For Clients

Hire Talent
Legal.io company logo
Solutions
Find the best fit for any legal role
New Hire
Get highly qualified candidates in days
Popular Roles
Data & Tools
Budget Calculator
Plan and manage your legal budget
Salary Insights
Compensation data for legal roles
Vendor Directory
The ultimate list of legal tech tools

After a Decade of No, the SEC Opens the Door to Bitcoin: 11 Spot ETPs Approved

The SEC decision represents a significant vote of confidence from a key regulatory body, potentially boosting investor sentiment and paving the way for further innovation.

After a Decade of No, the SEC Opens the Door to Bitcoin: 11 Spot ETPs Approved

In a move that sent shockwaves through the financial and cryptocurrency worlds, the Securities and Exchange Commission (SEC) gave the green light to a whopping 11 spot Bitcoin Exchange-Traded Products (ETPs) on January 10th, 2024. This comes after over a decade of rejections, marking a momentous shift in the regulatory landscape surrounding the world's most popular digital asset.

Commissioners Gary Gensler, Hester Peirce, and Mark Uyeda voted in favor, while Caroline Crenshaw and Jaime Lizárraga dissented. This accelerated approval, permitted under a specific provision of the Exchange Act, bypasses the usual 30-day waiting period after public notice.

For years, crypto enthusiasts and industry players clamored for the SEC to approve a spot Bitcoin ETP. Such a product would track the price of Bitcoin directly, unlike existing Bitcoin futures ETFs, which are based on contracts for future delivery. The appeal lies in increased accessibility and potentially greater price stability for investors seeking exposure to Bitcoin.

However, the SEC remained wary, citing concerns about market manipulation and the underlying infrastructure of the cryptocurrency market. This led to a string of rejections, culminating in a legal battle between the SEC and Grayscale Investments, a major crypto asset manager. In August 2023, a court ruled in Grayscale's favor, finding the SEC's prior rejection "arbitrary and capricious." This seemingly acted as a catalyst for the recent wave of approvals.

Companies Behind The Approval

Specific companies behind these groundbreaking ETPs include: 

1. VanEck Bitcoin Trust (VBTC): Backed by a financial services giant with a well-established track record, VBTC has the potential to attract significant institutional capital, further legitimizing Bitcoin in the eyes of traditional investors.

2. Valkyrie Bitcoin Trust (BTCR): Known for its innovative crypto products, Valkyrie could inject additional competition and potentially drive down fees for investors.

3. NYDIG Bitcoin ETF (NYCB): With the backing of Stone Ridge Asset Management, a major Wall Street player, NYCB could bring increased liquidity and trading volume to the Bitcoin market.

4. ProShares Bitcoin ETF (BITO): ProShares' existing expertise in ETFs positions BITO as a strong contender, potentially attracting investors unfamiliar with crypto but comfortable with traditional financial tools.

5. Galaxy Bitcoin Trust (GLXY): Galaxy Digital, a prominent crypto firm, lends GLXY its reputation and network, potentially attracting investors within the existing crypto ecosystem.

6. WisdomTree Bitcoin Trust (WBIT): With a focus on research and risk management, WisdomTree's entry could appeal to risk-averse investors seeking exposure to Bitcoin with a potentially more cautious approach.

7. One River Bitcoin Trust (ORBT): Backed by a quantitative investment firm, ORBT could bring advanced trading strategies and data analysis to the Bitcoin market, potentially influencing price movements.

8. Bitwise Bitcoin ETP (BITW): Known for its transparent methodology and focus on institutional investors, Bitwise could further professionalize the Bitcoin market with its entry.

9. Volt Bitcoin ETF (VBTCY): Volt's focus on accessibility and education could bring Bitcoin exposure to a wider audience of retail investors.

10. Global X Bitcoin ETF (BITG): With expertise in thematic ETFs, Global X could potentially link Bitcoin to broader trends and asset classes, offering investors diversified exposure.

11. Invesco Bitcoin ETF (BTC): Backed by a global asset management giant, Invesco's entry could be a game-changer, potentially bringing massive inflows and mainstream attention to the Bitcoin market.

Experts Weigh In on the ETP Greenlight

The SEC's greenlighting of 11 spot Bitcoin ETPs sent shockwaves through financial and crypto circles, prompting a chorus of expert opinions analyzing the potential consequences for Bitcoin and the broader market. Here's a glimpse into the diverse perspectives:

Optimists:

  • Boosting Bitcoin's Mainstream Appeal: Arthur Hayes, co-founder of BitMEX, believes this move "legitimizes Bitcoin and opens the floodgates for institutional adoption." Increased accessibility through ETPs could attract traditional investors hesitant to directly enter the crypto market.

  • Price Stabilization: Greg King, CEO of Osprey Funds, anticipates "greater price stability for Bitcoin." Increased trading volume and diverse investor participation could dampen volatility, making Bitcoin a more attractive asset class.

  • Unlocking Innovation: Mike McGlone, chief commodity strategist at Bloomberg Intelligence, sees this as a catalyst for "further innovation in the crypto space." Increased competition among ETP issuers could lead to more sophisticated products and services catering to various investor needs.

Cautious Optimists:

  • Focus on Underlying Fundamentals: Garrick Hileman, head of research at Blockchain Research Institute, emphasizes the need to "focus on the underlying fundamentals of Bitcoin, particularly network security and adoption." While ETPs might attract capital, long-term success hinges on Bitcoin's inherent strengths.

  • Impact on Altcoins Uncertain: Chris Burniske, partner at Placeholder, expresses uncertainty about the impact on altcoins. Increased focus on Bitcoin could potentially draw capital away from other cryptocurrencies in the short term.

Skeptics:

  • Market Manipulation Concerns: Carol Alexander, professor of finance at Sussex University, remains concerned about "potential market manipulation." The influx of new capital could create opportunities for bad actors to influence Bitcoin's price.

  • Limited Impact on Traditional Finance: Eswar Prasad, former IMF chief economist, believes the impact on traditional finance might be "overstated." He views crypto as a "niche asset class" unlikely to significantly disrupt established financial systems.

Implications for the Crypto Market

The implications of this decision are far-reaching. For individual investors, it offers a simpler and more familiar way to gain exposure to Bitcoin within their existing portfolios, potentially driving increased adoption and mainstream acceptance. For the crypto market as a whole, it represents a significant vote of confidence from a key regulatory body, potentially boosting investor sentiment and paving the way for further innovation and product development.

However, it's important to remember that this is not a carte blanche for all things crypto. The SEC has made it clear that it will continue to scrutinize individual ETPs and the broader market with a watchful eye. Additionally, potential price volatility and regulatory hurdles persist, so investors should approach these products with caution and due diligence.

Ultimately, the SEC's decision marks a turning point in the relationship between traditional finance and cryptocurrency. While questions and challenges remain, this move opens up exciting possibilities for both industries and paves the way for a more inclusive and accessible financial future.

Legal.io Logo
Welcome to Legal.io

Connect with peers, level up skills, and find jobs at the world's best in-house legal departments

More from Legal.io

The Legacy of Barbie: Mattel's Unyielding Efforts to Safeguard an Icon

For many years, Barbie has been a beloved icon in the toy industry. Since her introduction in 1959, this blonde, blue-eyed fashion doll has won the hearts of countless children and collectors worldwide. The powerhouse behind Barbie's phenomenal success is Mattel, the toy manufacturing giant that birthed her and turned her into a global sensation. To protect their intellectual property and uphold Barbie's brand integrity, Mattel has been relentless in defending their trademarks related to Barbie through stringent policies and real-world trademark disputes. This article will delve into Mattel's trademarks and their unwavering dedication to preserving the Barbie legacy.

The Legacy of Barbie: Mattel's Unyielding Efforts to Safeguard an Icon
Starting a Business

According to the Small Business Administration's Office of Advocacy, in 2008 there were 29+ million small businesses in the United States, and half of all American workers were employed by small businesses.

Starting a Business
Business and Corporate
HSBC Appoints Curtis Tao as U.S. General Counsel Amidst Strategic Legal Reshuffling

Tao brings his extensive experience from Citigroup and Goldman Sachs to strengthen the company's legal operations.

HSBC Appoints Curtis Tao as U.S. General Counsel Amidst Strategic Legal Reshuffling
General Counsel
Legal.io Newsletter - August 5, 2022

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.

Legal.io Newsletter - August 5, 2022
Legal OperationsTechnologyIn-House Counsel
Law Firms Raising the Bar on Earning Expectations for Partners

A growing number of top law firms have set minimum earnings expectations for their equity partners, with top firms setting targets at $5 million to $7 million in business each year

Legal.io Newsletter - August 26, 2022

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.

Legal.io Newsletter - August 26, 2022
Legal OperationsTechnologyIn-House Counsel
Legal.io Logo
Welcome to Legal.io

Connect with peers, level up your skills, and find jobs at the world's best in-house legal departments