SEC rolls decisions on four bitcoin ETF applications to end of 2021

The Securities and Exchange Commission (SEC) punted on four bitcoin exchange-traded fund (ETF) applications today, shifting deadlines into late November and December.

Issuers Global X, Valkyrie, WisdomTree and Kryptoin all received extension on their proposals today. The proposals are now slated to receive their decisions on Nov. 21, Dec. 8, Dec. 11 and Dec. 24, respectively. Kryptoin, WisdomTree and Valkyrie, have all faced previous extensions.

Each order notice read:

"The Commission finds that it is appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule change so that it has sufficient time to consider the proposed rule change and the issues raised in the comment letters that have been submitted in connection therewith."

The SEC has a history of extensions when it comes to bitcoin ETFs. Many of the last wave of applications faced as many extensions as the Commission's mandate allows until finally receiving rejections.

Since the changing of the guard at the SEC, a new wave of applications have been filed facing similar extensions. VanEck's offering was the first to receive the treatment, receiving an extension that also called for more comment letters on the proposal. It is the furthest along in the review cycle, meaning it will likely be the first to receive a decision order. Hopefuls can expect an answer on VanEck by November 14. 

Chair Gary Gensler recently expressed his interest in reviewing applications for a bitcoin ETF tied to futures under the Investment Company Act of 1940. In those comments, he notably omitted any mention of spot products filed under the Securities Act of 1933, under which all of the above products proposed to be regulated. 

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Aislinn Keely is a reporter on The Block's policy team holding down the legal beat. She covers court decisions, bankruptcies, regulatory actions and other key moments in the legal sphere, putting them in context for the wider crypto industry. Before The Block, she lent her voice to the NPR affiliate WFUV and helmed Fordham University's student newspaper. Send tips or thoughts on all things policy and legal to [email protected] or follow her on Twitter for updates @AislinnKeely.