Grayscale Victory Against SEC Clears Path for Spot Bitcoin ETFs: Bernstein

The ruling increases the likelihood the SEC might approve all bitcoin spot ETF applications together, the report said.

AccessTimeIconAug 30, 2023 at 10:20 a.m. UTC
Updated Aug 30, 2023 at 3:04 p.m. UTC

Grayscale, the manager of the Grayscale Bitcoin Trust (GBTC), has secured a second landmark win for the crypto industry against the U.S. Securities and Exchange Commission (SEC), following Ripple’s favorable ruling last month, broker Bernstein said in a research report Tuesday.

A federal court ruled on Tuesday that the SEC must review its rejection of Grayscale’s attempt to convert the GBTC into an exchange-traded fund (ETF).

The ruling “likely clears the path for a spot bitcoin ETF,” and increases the chances that the SEC might approve all the current applications together, analysts led by Gautam Chhugani wrote.

ETFs are traded on an exchange, much like equities, and track the performance of an underlying asset. Their popularity has been growing because they allow market participants to invest in crypto without having to purchase the underlying digital assets themselves.

The court’s decision does not allow for the GBTC product to be converted into an ETF immediately, “but gives a fair basis for Grayscale to be treated in line with other Bitcoin ETF applicants,” the report said.

Likely dates for approval start next week for the first review, and continue into early 2024 for the final SEC review, the note said.

Bernstein previously said that it expects a spot bitcoin ETF market to be sizable, reaching 10% of bitcoin’s market cap in two to three years.

CoinDesk’s parent company, Digital Currency Group, owns Grayscale.

Edited by Sheldon Reback.


Please note that our privacy policy, terms of use, cookies, and do not sell my personal information has been updated.

CoinDesk is an award-winning media outlet that covers the cryptocurrency industry. Its journalists abide by a strict set of editorial policies. In November 2023, CoinDesk was acquired by the Bullish group, owner of Bullish, a regulated, digital assets exchange. The Bullish group is majority-owned by; both companies have interests in a variety of blockchain and digital asset businesses and significant holdings of digital assets, including bitcoin. CoinDesk operates as an independent subsidiary with an editorial committee to protect journalistic independence. CoinDesk employees, including journalists, may receive options in the Bullish group as part of their compensation.

Author placeholder image

Will Canny is CoinDesk's finance reporter.