Invesco, WisdomTree, Bitwise File Spot Bitcoin ETF Prospectuses after BlackRock

Earlier in May, numerous asset managers like Grayscale, Bitwise, and Direxion all rescinded prospectuses for Ether futures ETFs filed with the SEC in anticipation of the regulator denying them. To date, the SEC remains embroiled in a lawsuit with Grayscale after the regulator denied the latter's application to convert their close-ended Grayscale Bitcoin Trust (GBTC) into an open-ended EYF.

However, other asset managers are taking a different approach. Notably, BlackRock filed a prospectus with the SEC on June 15th for a spot bitcoin ETF that would actually hold the cryptocurrency with a custodian as opposed to relying on futures contracts. This move sent the price of Bitcoin soaring upwards, while competitors like Invesco, WisdomTree, and Bitwise followed suit (Reuters, 2023).

However, whether or not the SEC will approve Blackrock (NYSE:BLK)'s filed prospectus is still up for debate. The filings come amidst a general crackdown on the cryptocurrency industry, with Coinbase (NASDAQ:COIN) being charged on June 6th for operating as an unregistered securities exchange and 13 charges being filed against Binance.US and Binance CEO Changpeng Zhao on June 5th (SEC, 2023).

Here's all you need to know about the pending BlackRock prospectus and how approval by the SEC could affect the broader U.S. ETF industry.

The iShares Bitcoin Trust

According to its prospectus, the pending BlackRock ETF will be called the "iShares Bitcoin Trust". This follows the naming convention of BlackRock's existing iShares Gold Trust (IAU) and iShares Silver Trust (NYSE:SLV), two popular physically backed commodities ETFs. In comparison, Bitcoin ETFs that use futures for synthetic exposure usually include the moniker "strategy" in their name.

The new trust will be physically backed via Bitcoin stored with a custodian, which will be Coinbase Custody Trust Company. This will be stored offline in "cold storage", while a small portion of the ETF's assets will be held in "hot storage" in a trading account with Coinbase for liquidity. In addition, a portion of the trust's bitcoin and cash holdings may be held with a prime broker to meet in-kind creation and redemptions of baskets, pay sponsor fees, and trust expenses.

The objective of the new iShares Bitcoin Trust is simple: to reflect the performance of the price of Bitcoin in U.S. dollars, minus expenses. It allows investors to access Bitcoin exposure in most brokerage account types, without the need for self-custody or trading on a cryptocurrency exchange.

The usual risks with Bitcoin, including regulatory, technology, and market risks apply. The price of the trust will likely be very volatile. Given that Bitcoin trades 24/7 but the trust may only trade during the day, large swings when markets open after a weekend or in the morning may be expected. Further regulatory crackdowns or security risks with the custodian may also cause losses.

Will the trust be approved?

I spoke with Ron Geffner, Partner at Sadis & Goldberg LLP to get his thoughts on BlackRock's new filing. Ron has extensive knowledge of SEC rules and practices to advise private investment entities and manage regulatory investigations. His background includes a stint with the SEC, where he focused on prosecuting violations of federal securities laws. Here's what he had to say:

"I expect that it is more likely than not that Blackrock’s prospectus will be approved. The SEC makes an effort to treat all registrants equally. At times, it may not seem that way, but it always comes down to the facts. To that end, multiple brokerage and asset management firms are now following BlackRock's example of filing prospectuses to launch a spot Bitcoin ETF. Provided that the underlying facts are materially similar, they should expect to have their prospectuses approved."

According to Ron, should BlackRock's filing successfully go through, it would open doors for competitors like Invesco, WisdomTree, and Bitwise to launch their own spot Bitcoin funds. The timing may even coincide with the next Bitcoin halving due to occur in 2024, an event often associated with higher interest in Bitcoin and strong price action.

On the one hand, you have momentum from numerous high profile asset managers clamoring to launch spot funds, with investor interest again peaking following strong year-to-date performance from Bitcoin. On the other hand, you have ongoing legal cases against notable industry players like Coinbase and Binance.

Stuck in between is the U.S. ETF industry struggling to make a case before the SEC to launch products that have already been approved and traded in Canada since 2021. Either way, the U.S. ETF industry could be on the brink of another watershed event that changes the way investors access digital assets.

This content was originally published by our partners at ETF Central.