The SEC Is Reviewing the Bitwise Bitcoin ETF Rejection

The agency’s five commissioners will review a staff decision to reject the rule-change proposal for a bitcoin ETF made last month.

AccessTimeIconNov 18, 2019 at 10:05 p.m. UTC
Updated Mar 8, 2024 at 4:05 p.m. UTC
10 Years of Decentralizing the Future
May 29-31, 2024 - Austin, TexasThe biggest and most established global hub for everything crypto, blockchain and Web3.Register Now

The U.S. Securities and Exchange Commission (SEC) is taking a second look at the rejection of a recent bitcoin exchange-traded fund (ETF) proposal.

Overturning the rejection would clear the way for potentially the first bitcoin ETF in the U.S., following years of anticipation of a mainstream-ready investment product.

  • Crypto: The Game Is 'Cutthroat': Founder
    00:51
    Crypto: The Game Is 'Cutthroat': Founder
  • Spot Crypto ETFs in Hong Kong Have 'Strong Attachments' to China: OSL Exec
    00:51
    Spot Crypto ETFs in Hong Kong Have 'Strong Attachments' to China: OSL Exec
  • What Happens to the Spot Ether ETF if ETH Is Deemed a Security in Hong Kong?
    00:43
    What Happens to the Spot Ether ETF if ETH Is Deemed a Security in Hong Kong?
  • Hong Kong's 'Mind Boggling' Journey to Bitcoin and Ether ETFs
    19:29
    Hong Kong's 'Mind Boggling' Journey to Bitcoin and Ether ETFs
  • According to a notice published in the Federal Register over the weekend and dated Nov. 18, the SEC’s five commissioners will review the bitcoin ETF put forth by Bitwise Asset Management.

    Bitwise did not request the review, said Matt Hougan, the company’s global head of research.

    “We do, however, welcome the opportunity to submit comments and continue the dialogue with the SEC,” he said in an email.

    The rejection was written by the agency’s Division of Trading and Markets on Oct. 9. The Nov. 18 notice actually references a letter from the SEC’s commissioners dated Oct. 15.

    It is not clear what triggered the SEC’s review. Under current federal law, the commissioners can grant a review at their discretion, or following the filing of a petition.

    The order rejecting the proposal will remain in effect until the review has concluded, the notice said, with the commissioners either upholding the staff rejection or overturning it. As part of the review, the general public can comment on the rejection through Dec. 18, 2019.

    Groundhog day

    Unlike the SEC’s formal approval or disapproval process, there are no set deadlines for the review of a decision. The Commission has previously reviewed the rejection of a bitcoin ETF proposal filed by the family office of Tyler and Cameron Winklevoss, ultimately upholding the decision after more than a year.

    It is possible that an SEC commissioner may have called for the Bitwise review.

    Famously, Commissioner Hester Peirce – dubbed “Crypto Mom” by the community – announced the review of nine rejected bitcoin ETF applications in 2018. Peirce also dissented from the SEC’s second rejection of the Winklevoss ETF.

    The ETF applications, filed in late 2017 and early 2018 by GraniteShares, ProShares and Direxion, were rejected in August 2018, with Peirce announcing their review the next day. However, it remains unclear what the status of this review is, or whether any of these decisions will be overturned.

    Neither Peirce nor an SEC spokesperson immediately responded to emailed requests for comment. ProShares declined to comment, and a request for comment to Direxion was not returned by press time.

    GraniteShares CEO Will Rhind told CoinDesk in a phone call that nothing had come of the SEC’s review so far, and he did not expect this to change in the near future.

    “I think [SEC Chairman Jay Clayton] has spoken publicly about the ETF applications and … he’s made it clear at least from the top that the market has to mature a little bit before there’ll be an approval,” he said.

    Matthew Hougan image by Joe Jenkins for CoinDesk

    Disclosure

    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 Block.one; 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.

    Nikhilesh De

    Nikhilesh De is CoinDesk's managing editor for global policy and regulation. He owns marginal amounts of bitcoin and ether.


    Learn more about Consensus 2024, CoinDesk's longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.



    Read more about