The Securities and Exchange Commission (SEC) has approved its second multi-crypto exchange-traded fund (ETF)—the Bitwise 10 Crypto Index Fund (BITW).
But as it did with the Grayscale Digital Large Cap Fund (GDLC) earlier this month, the Commission put the final green light on hold pending a review.
BITW and GDLC are two popular crypto index funds. Between them, they have around $2.6 billion in assets under management.
BITW tracks 10 large-cap cryptocurrencies, with Bitcoin and Ether accounting for around 90% of its portfolio assets. Similarly, GDLC contains approximately 80% BTC and ETH, with ADA, SOL, and XRP making up the rest.
Both funds are currently publicly-traded trusts, meaning that shares trade over-the-counter. By converting them to ETFs, Bitwise and Grayscale intend to list shares on NYSE Arca.
The SEC approved Grayscale’s application to convert GDLC into an ETF on July 1. But shortly after the proposal was approved, the Office of the Secretary notified the NYSE by letter that the Commission intended to “review the delegated action.”
It offered no explanation for the decision.
On July 22, a similar chain of events occurred for Bitwise, which received a near identical letter following the initial approval of its application.
Recalling Gensler-era battles over spot Bitcoin ETFs, asset managers are lawyering up to take on the SEC and its opaque approval process.
In a letter to the SEC, Grayscale argued that the GDLC stay order amounted to an extension of the 240-day deadline by which the agency is legally bound to approve or deny applications.
“The consequences of a failure to meet the statutory approval or disapproval deadline, regardless of the reason, are clear,” the letter stated.
“The rule proposal is deemed approved.”