BlackRock and ARK Invest Conform to SEC's Cash Redemption Model for Bitcoin ETF

Major companies in the market, such as BlackRock and ARK Invest, have modified their S-1 registration statements in order to comply with the requirements imposed by the United States Securities and Exchange Commission. When it comes to their planned spot Bitcoin exchange-traded funds (ETFs), this update includes a significant move toward a cash redemption approach.

This strategic decision, which was signified by the submission of these revisions on December 18, 2023, symbolizes the embrace of a cash creation and redemption model over the in-kind redemptions that had been pursued in the past. Generally speaking, in-kind redemptions entail transactions that do not require monetary exchanges, such as the direct use of Bitcoin (BTC). This adjustment is in accordance with the standards that have been established by the Securities and Exchange Commission (SEC) of the United States.

The ARK 21Shares Bitcoin ETF is particularly mentioned in the registration statement of ARK Invest, which highlights the company’s change to accepting solely cash creations and redemptions. When it comes to prospective in-kind agreements, the statement does provide opportunity for them; however, this is contingent upon receiving regulatory permission. In a similar vein, BlackRock has echoed this stance, highlighting the possibilities of in-kind transactions, but this is reliant upon receiving approval from regulatory authorities.

Because of the SEC’s insistence on a “cash-only” strategy, authorized participants in these exchange-traded funds (ETFs) are now required to supply cash in order to purchase more shares. Unlike the “in-kind” technique, which allows investors to directly swap the asset that the ETF monitors (in this instance, Bitcoin) for ETF shares, this approach takes a different approach. The cash-only strategy seeks to provide better transparency on the sources of the Bitcoin that serves as the basis for the exchange-traded fund (ETF), which would presumably acquire the Bitcoin from reputable exchanges.

The reaction from the industry has been inconsistent. Eric Balchunas, an analyst for Bloomberg ETFs, adds that ARK and its partner 21Shares first rejected the cash generation approach. In fact, they even came up with an alternate mechanism for in-kind redemptions. Their final compliance is an indication of the SEC’s tough attitude on the subject, and the analyst suggests that this might pave the way for the possibility of an approval of a Bitcoin exchange-traded fund (ETF) as early as January.

This new move is a part of a larger trend in which entities that issue exchange-traded funds (ETFs), such as WisdomTree, a worldwide supplier of ETFs, have been required to conform to the SEC’s preference for cash redemptions. This strategy move among large firms such as BlackRock and ARK Invest represents a substantial adaptation to regulatory restrictions, and it may signal the beginning of a new phase in the development of Bitcoin exchange-traded funds by bringing about a new phase.

Grayscale's Strategic Shift: Aiming for Bitcoin Spot ETF with Cash Redemption Model

Grayscale Investments has amended its S-3 filing with the U.S. Securities and Exchange Commission (SEC). This move is aimed at transitioning the Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin Exchange-Traded Fund (ETF). Notably, the amendment follows the resignation of Barry Silbert as the chairman of Grayscale, marking a new chapter in the company’s direction​​​​.

Regulatory Compliance and Strategic Positioning

Grayscale’s amendment reflects a compliance with the SEC’s guidelines, notably pivoting to accept only cash orders. This decision is not just a mere compliance tactic; it signifies a strategic shift. Grayscale is positioning itself to compete with significant players like BlackRock in the ETF market. This move is especially crucial as Grayscale prepares for a significant approval deadline in January. The company is adapting its structure, transitioning from a monthly to a daily fee structure and simplifying the share creation and redemption process, indicating readiness to make a substantial impact in the ETF arena​​.

The Cash Creation Model

A critical aspect of Grayscale’s amended S-3 filing is the adoption of a cash creation model. This model means that new shares in a spot Bitcoin ETF can only be created or redeemed through cash transactions, contrasting with the in-kind model used by most stock and commodity-based ETFs, where fund market participants directly handle the asset in the fund. The shift to a cash creation model has been a significant point of contention between asset managers aiming to launch a spot Bitcoin ETF and the SEC. This move is seen as Grayscale “finally surrendering” to the cash creation model, a significant deviation from its previous stance​​​​.

The SEC’s preference for the cash creation model over direct dealings with Bitcoin is understood as an attempt to better monitor Bitcoin movements from exchanges and mitigate risks related to anti-money laundering or Know Your Customer compliance. This preference underlines the regulatory challenges faced by digital asset managers in navigating the complex landscape of financial regulations. The shift to a cash redemption model is expected to have profound implications on the cryptocurrency market, potentially challenging the profitable model of crypto exchanges and altering the financial landscape. Grayscale’s move could set a precedent for other digital asset managers in navigating regulatory challenges​​​​.

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