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Topic: Everything you wanted to know about Grayscale BTC Trust but were afraid to ask! - page 21. (Read 17091 times)

legendary
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Even if it is not strictly related to GBTC, which is the main  subject of this thread, an interesting development for Grayscale:

Grayscale unveils bitcoin mining-centered investment entity


Quote
QUICK TAKE
  • Grayscale is launching Grayscale Digital Infrastructure Opportunities, a “private, co-investment opportunity in mining hardware that powers the bitcoin ecosystem.”
  • The company is partnering with digital asset mining and staking infrastructure firm Foundry, which will manage day-to-day operations
.
legendary
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Within two weeks, the discount on GBTC shares set a new record, so, as of September 30, the discount on GBTC shares has increased to a record 36.2% at the moment, but as of October 5, it returned to 35.01%, which may indicate the beginning of a reverse trend.



PS. Thank you @Daltonik for the good work in this thread!

Sir @filippone your gratitude is a very valuable capital. Smiley
legendary
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Merit: 16328
Fully fledged Merit Cycler - Golden Feather 22-23
Quote
Grayscale Securities, a new broker-deal division, will handle selling shares of the company’s crypto trust products, taking over a function previously provided by fellow Digital Currency Group subsidiary Genesis Global Trading

My feeling is that this has something to do with the vastly negative premium discount, something GBTC is obviously not happy with.
I guess they will open the market to new competitors in market making the shares in the secondary markets.


PS. Thank you @Daltonik for the good work in this thread!
legendary
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Merit: 1501
Some news about the restructuring of Grayscale Investments. Grayscale informs that in order to improve the efficiency of the company, an agreement was concluded with a subsidiary of Grayscale Securities "to assist Grayscale Investments in the distribution of Trust shares, the development of an ongoing marketing plan for the Trust, the preparation of marketing materials related to the Shares, including content on the Trust's website, and the implementation of a marketing plan for the Trust." The agreement also states that on October 3, 2022, Grayscale Investments and Genesis agreed to terminate the participation agreement dated January 11, 2019 between Grayscale Investments, the Trust and Genesis.

https://www.sec.gov/Archives/edgar/data/1588489/000095017022019165/gbtc-20221003.htm

Article on coindesk:

Grayscale Takes Over Key Role for Bitcoin Trust, Other Products From Genesis

Quote
Grayscale Securities, a new broker-deal division, will handle selling shares of the company’s crypto trust products, taking over a function previously provided by fellow Digital Currency Group subsidiary Genesis Global Trading
legendary
Activity: 2268
Merit: 16328
Fully fledged Merit Cycler - Golden Feather 22-23
A good article from The Block  about the GBTC debacle discount:


Grayscale Bitcoin Trust discount hits all-time low amid crypto market downturn

Quote
  • GBTC is trading at a discount of -35.26% as of Friday.
  • The latest low comes four months after its previous all-time low of 34%.
  • Grayscale is in the process of suing the SEC after its application to convert to a spot bitcoin ETF was rejected in June.

They are correlating with generic market weakness. But I Bet there is an idiosyncratic reason behind this.
legendary
Activity: 2268
Merit: 16328
Fully fledged Merit Cycler - Golden Feather 22-23
At the moment, the discount is already -35.18% the latest data as of September 23, the main reason for such a discount is the delay in approving the application to convert GBTC into an ETF and it is not yet known when all this will be resolved positively

<...>

Buying GBTC shares at 35% discount means that, with a 2% yearly fee, you have 17 years of expected time for an ETP conversion. Frankly speaking I am almost certain the conversion will be enacted way earlier.

Of course the point is that you are basically trying to Cath a falling knife here, and timing the market is extremely difficult.
legendary
Activity: 2590
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At the moment, the discount is already -35.18% the latest data as of September 23, the main reason for such a discount is the delay in approving the application to convert GBTC into an ETF and it is not yet known when all this will be resolved positively

https://ycharts.com/companies/GBTC/discount_or_premium_to_nav

legendary
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Fully fledged Merit Cycler - Golden Feather 22-23
Optimism is in the air?

<...>

NO.
No optimism for GBTC, and shares are trading at a record 35% discount to NAV:



I am struggling to justify this, as I can't se the SEC going on their fight against a BTC ETN. They will lose their fight, eventually.

legendary
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Merit: 1501
Grayscale Investments declares that it intends to sell the ETHW received after the launch of the Ethereum fork on the PoW consensus algorithm. The company plans to distribute the profits between the shareholders of Ethereum Trust (ETHE) and Digital Large Cap Fund (GDLC) so how exactly did you get the rights to fork ETHW tokens.

Source: https://www.globenewswire.com/news-release/2022/09/16/2517691/0/en/Grayscale-Investments-Declares-Distribution-of-Rights-to-Ethereum-Proof-of-Work-Tokens.html?linkId=181665914
            https://twitter.com/Grayscale/status/1570764767668670465




legendary
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Grayscale, in response to a CoinDesk request, acknowledged that the assets of Grayscale Investments ZEC, XLM and ZEN may currently or in the future be a security or be classified as securities by the SEC or federal court. ZEC, ZEN and XLM account for $40 million of Grayscale's assets.

How Grayscale's applications changed in June (left) and August (right)



Source: https://www.coindesk.com/policy/2022/08/27/sec-questions-grayscales-legal-stance-on-stellar-zcash-and-horizen-crypto-trusts/

legendary
Activity: 2268
Merit: 16328
Fully fledged Merit Cycler - Golden Feather 22-23
Bloomberg Intelligence released a survey on GBTC is doing recently, comparing with other investment vehicle available to the US investor.

I am reporting it here, as it will be difficult to read for common plebs:

Quote

GBTC: Premium and Discount Concerns
GBTC Offers Below-Market Bitcoin as Futures ETFs Spur Discounts
Contributing Analysts
Eric Balchunas
(Strategy)
(Bloomberg Intelligence) -- Grayscale Bitcoin Trust is at a deep, expanding 33% discount to the value of Bitcoin it holds, enabling buyers to purchase the cryptocurrency for far less than market prices – currently below $15,000. Bitcoin futures ETFs offer cheaper alternatives and have aggravated GBTC's discount expansion since their approval in October 2021.(08/23/22)

1. GBTC Discount Likely Until at Least Next Year
Contributing Analysts Athanasios Psarofagis (Strategy)

GBTC's discount offers investors Bitcoin exposure at below-market prices. When it traded at a premium, investors paid as much as twice the market price to gain access to the cryptocurrency through the fund. That benefited existing GBTC holders, who could sell at inflated prices. GBTC now stands at a 32.9% discount, equivalent to buying Bitcoin for $14,430 while it trades around $21,500.
The discount will disappear if the SEC allows Grayscale to convert GBTC to an ETF but we don't expect that to happen until at least 2023.
The potential compression return would be higher than the discount: Eliminating a 32.9% discount would be analogous to a security appreciating to $100 from $67.10 -- a whopping 49% return. This scenario excludes the risks and price movements of the underlying asset. (08/23/22)



2. Stalled ETF Conversion Leaves GBTC Behind
GBTC has no chance of converting to an ETF soon, based on statements by the SEC and Chairman Gary Gensler. The fund is structured as a grantor trust, akin to gold ETFs such as SPDR Gold Shares.
The inability to convert for such an extended period of time amid competition from cheaper futures based Bitcoin ETFs in the US and other alternatives worldwide continues to erode demand for GTBC.
That caused the fund to turn to a discount last year and has only gotten worse. Competition and a Bitcoin bear market have eroded much of the demand for GBTC shares.
GBTC, launched in September 2013, holds $15 billion in Bitcoin but trades at a market cap of $10 billion due to its discount. At its peak, the fund held $43.5 billion in assets. (08/23/22)



3. Futures ETFs' Roll Costs Could Erode Returns
A futures-based Bitcoin ETF has to roll futures to maintain exposure, meaning it constantly buys and sells the monthly contracts. A focus on front-month contracts can be particularly costly, decaying returns if the futures curve is in steep contango as the fund buys high and sells low. Roll costs average about 9 percentage points annually but can surge when the price of the underlying commodity rises rapidly, as during Bitcoin's 2020 bull market. The performance difference between front-month futures and spot Bitcoin from March 2020 trough to November 2021 peak was a whopping 177 percentage points. GBTC's potential for discounts puts it at a similar disadvantage when compared with a physically backed Bitcoin ETF.
Alternatively, the rolling process can boost returns when the futures curve is in backwardation. (08/23/22)



4. Futures ETFs Log Minimal Roll Costs
Though we were worried about Bitcoin futures ETFs' roll costs, they've been muted, with the ETF trailing spot by 2.16% since their October 2021 launch, which includes fees. There are two key reasons, we believe. First, Bitcoin entered a bear market within a month of BITO's introduction and the futures curve hasn't had significant contango. Second, the CME Bitcoin futures market matured significantly as institutions entered and made it more efficient. Institutions likely arbitraged away much of the profitable carry trade by hedging futures positions with spot positions.
Though we expect the futures market to act relatively efficiently, a sharp bull market alongside steep contango could spur significant underperformance for these products when compared with spot Bitcoin exposure. (08/23/22)





5. Lower Fees Could Limit Exodus and Discounts
Grayscale may have to reduce GBTC's fees to remain competitive. Shrinking demand for its shares – and their expanding discount -- stem partly from the proliferation of alternative ways to access Bitcoin, with many offered at far lower cost. We expect the discount to linger until Grayscale or some other issuer can get US approval for spot Bitcoin ETFs. Until then, GBTC will not trade at its net asset value.
Higher fees can dramatically erode returns, as illustrated by hypothetical growth of $10,000 at 10% annually for 20 years. Without fees, the portfolio would reach $67,275. At an annual fee of 0.49%, that drops almost $6,000 to $61,416. Increasing the fee to 2%, like GBTC's, cuts the value by nearly a third, to $46,610. (08/23/22)



6. A Discount Positive: Share Supply Plateaus
The supply of GBTC shares has leveled off, removing a key driver of the initial discount expansion. The fund spent most of 2021 absorbing the release of over 300 million new shares, requiring a six months lock up before they could be sold. This flood of supply and a collapse in Bitcoin's price from its peak were likely critical in leading to discounts exceeding 20% at the time, a reversal from five years of premiums of as much as 140%.
GBTC has been closed to new investors since March 2021, meaning no new shares have been added to the market since September 2021. That means the fund's share price since has been solely a function of demand. (08/23/22)




7. Six-Month Lockup for Private Placement Issuance
GBTC shares can be created through private placements for accredited investors when the fund is open to new investors. It's currently closed but the mechanics and history are important if Grayscale decides to reopen the fund. Private placements originally had a 12-month lockup on sales. That lasted until Jan. 21, 2020, when GBTC won approval as an SEC-registered vehicle, halving the required holding period to six months.
Private-placement investors who flooded into GBTC were seeking to buy the shares at net asset value and sell them later at a premium. The strategy was successful for much of the trust's history, helping to drive the fund's asset growth, but fell apart along with the premium. Many of GBTC's investors were investing for the premium, not for access to Bitcoin, meaning supply was inflated beyond demand.(08/23/22)

Quote
Company Filing
"Grayscale Bitcoin Trust (BTC) (the 'Trust') is voluntarily filing this
Registration Statement on Form 10 to register its common units
of fractional undivided beneficial interest ('Shares') pursuant to
Section 12(g) of the Securities Exchange Act of 1934, as
amended (the 'Exchange Act'). Once this Registration Statement
is deemed effective, the Trust will be subject to the requirements
of Regulation 13A under the Exchange Act, which will require it
to file annual reports on Form 10-K, quarterly reports on Form
10-Q, and current reports on Form 8-K, and to comply with all
other obligations of the Exchange Act."
Form 10 Filing, Grayscale Investments LLC
SEC.Gov, Nov. 19, 2019


GBTC Dethroned by Bitcoin Futures ETF as Top Crypto-Trading Fund
Contributing Analysts Eric Balchunas (Strategy)

The Grayscale Bitcoin Trust (GBTC) has been supplanted as the most traded cryptocurrency fund this year by the ProShares Bitcoin Strategy ETF (BITO), and their combined volume indicates to us that a US spot Bitcoin ETF would be a success. GBTC dominated crypto-fund trading in 2021 despite its discounts and premiums, high fees and over-the-counter status. (07/11/22)

8. Volume Dominance Has Evaporated in 2022
GBTC dominated Bitcoin fund trading globally in 2021, with more than $370 million in average daily notional trading, despite its over-the-counter status. But overall volume is down in 2022 and so is GBTC's ranking. ProShares' BITO has taken the top spot at $170 million a day, followed by GBTC's $138 million. BTCetc's BTCE in Germany is the most traded international fund at $20 million and Purpose's BTCC leads in Canada. Spot Bitcoin ETPs are available in Brazil, Canada, Switzerland,Sweden, Germany, France and Australia.

GBTC and BITO's combined volume indicates to us that a US-listed spot Bitcoin ETF would likely dominate global cryptocurrency-fund trading. The SEC has repeatedly rejected ETF proposals, citing concerns about market oversight, but we believe 2023 may be the year for a US spot Bitcoin ETF launch. (07/11/22)



9. No Longer a Leveraged Play, Unless It Converts
Contributing Analysts Eric Balchunas (Strategy)
A limited supply of shares amid surging demand underpinned GBTC's historical premium, causing it to act like a leveraged bet on Bitcoin, but that trend ended in early 2021 as the fund descended into a discount that has since steepened. In five of the biggest peaks to troughs (and vice versa) from 2017-21, GBTC's swings were more extreme than Bitcoin's. The biggest divergence stretched from March 2020-early 2021, when GBTC beat Bitcoin by 181 percentage points. GBTC followed that with a 41-point underperformance from late January to mid-April as Bitcoin rallied. It has since traded relatively close to the digital asset.
If GBTC can convert to an ETF, it might again be used as a leveraged play as the discount approaches zero. (07/11/22)




10. Collapsing Short Positions and No Options
Short interest in GBTC plummeted below 1% as it cratered into a steep discount. The fund's inefficient structure adds idiosyncratic risk and basis risk, making it an inferior option for investors looking to short or hedge Bitcoin. Short interest initially rose steadily from GBTC's public listing to 9.74% in April 2020, during the height of Covid-19-related volatility. Traders now are likely opting to short BITO instead. The ability to short a fund adds to its appeal for some investors -- especially hedge funds --but borrowing GBTC can be expensive. Borrowing costs have averaged 3.2% in 2022, down from 10.74% in 2020, according to S3 Partners.G
BTC lacks options, further limiting its liquidity and the ability of market participants to hedge risks. BITO offers options. (07/11/22)




11. Historical Cost to Short GBTC Varies Widely
(07/11/22)



Costly GBTC Lagging Behind Competitors in All But Asset Size
The Grayscale Bitcoin Trust (GBTC) still dominates global Bitcoin-fund assets, but we expect that lead to continue to erode unless GBTC can convert into an ETF, given its trailing liquidity and relatively high cost. GBTC trails Bitcoin in performance by thousands of percentage points over the past five years and charges a 2% fee. (07/22/22)

12. Competing With Growing Stable of Bitcoin Funds The SEC's repeated rejection of spot Bitcoin ETF proposals helped GBTC peak at $44 billion in assets despite trading over the counter and charging 2% annually. GBTC launched in September 2013 as a private trust and has benefited from that first-mover advantage, but US Bitcoin futures ETFs that
launched in 2021 are chipping away at its lead. GBTC still dominates in assets globally, partly because it can't offer redemptions. Its fee is substantially higher than the average ETP's, especially when compared with new launches, such as one in France that charges no fee and makes money by lending Bitcoin.
GBTC's inefficient structure underpins its poor performance vs. peers. (07/22/22)




13. Retail Competitors Available in U.S. But Ignored
In the U.S., many private equity funds and hedge funds invest directly in crypto assets, but GBTC was the only Bitcoin fund that retail investors could buy until February, when the Osprey Bitcoin Trust (OBTC) began trading. It now has $120 million in assets. In July, Stone Ridge and ProFunds launched open-end funds that hold Bitcoin futures, but neither one has attracted much interest. Investors may prefer an ETF (or at least a tradeable fund) and funds that hold Bitcoin directly, rather than futures.
Institutional Bitcoin products launched by Stone Ridge and VanEck in 2019 failed to gain assets and liquidated. Wilshire Phoenix, after its planned ETF was rejected, submitted an S-1 proposal that could be a direct competitor to GBTC. (09/27/21)




14. Tracks Bitcoin Poorly Despite High Correlation
GBTC holds Bitcoin directly yet doesn't replicate its price moves. The gap -- visible in the chart -- has continued to widen since 2021, when GBTC collapsed into a persistent discount. From 2016-20, the fund had an 85% daily and 75% weekly correlation to Bitcoin's price, while maintaining a daily beta of 1.052 to the cryptocurrency. Bitcoin returned about 2,900% in the period, and GBTC roughly 2,600%.
Since the start of 2021, Bitcoin is down 20% and GBTC has fallen 53%, giving the fund's holders an additional 33 percentage-point loss. This is despite GBTC maintaining a 91% daily correlation and a beta of 1.07 to Bitcoin.
These differences add up: Since GBTC began trading in 2015, it has trailed Bitcoin by almost 5,400 percentage points. (07/22/22)



15. Unhindered by Price Swings, Inefficiencies
Bitcoin's price affects the value of GBTC's assets, but the trust pulled in money amid all market conditions when it was still open to new investors. With no redemptions allowed, GBTC's assets grew faster than Bitcoin's rate of return, highlighting demand for access to the cryptocurrency within the traditional financial system. Daily inflows peaked at more than $600 million on Jan. 19, shortly before the fund was closed to new investors. Since then, widening discounts and the launch of Bitcoin ETFs are likely hindering GBTC demand, spurring Grayscale's efforts to convert it into an ETF.
Bitcoin's December 2017 price of about $20,000 coincided with GBTC assets of $3.2 billion. The cryptocurrency's price is now back around $20,000, while GBTC's assets sit almost 5x higher at $15 billion. (07/22/22)



16. Suite of Crypto Trusts Continues to Expand
Grayscale has a suite of 15 trusts, with 13 focused on individual crypto assets and two holding baskets of cryptos. Each is at a different maturity and not all trade over the counter. The largest after GBTC, the Grayscale Ethereum Trust (ETHE), operates identically to its sibling, but holds Ethereum instead of Bitcoin. It has a history of even more extreme premiums than GBTC, peaking at 2,022% when it began trading, but now stands at a discount, like many of Grayscale's products.
Grayscale's other single-asset trusts hold Bitcoin Cash, Ethereum Classic, Horizen, Litecoin, Stellar Lumens, Zcash, Filecoin, Decentraland, Livepeer, Chainlink and Basic Attention Token. The Grayscale Digital Large Cap Fund holds six cryptos, with 92% in Bitcoin and Ethereum. The Grayscale Defi Fund holds 10 defi-focused cryptos. (09/27/21)



legendary
Activity: 4270
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i can understand removing BCH and others because(well obvious reasons apply).. but removing litecoin. hmm seems like its sending a message that LTC is a crapcoin..

Probably because of last litecoin privacy update (Explaining MimbleWimble: The Privacy Upgrade to Litecoin). I think they don't want to get into any privacy issues with investors who often shy away from privacy coins like some exchanges does.

mimble does not affect normal transactions on the blockchain. its about locking up coins in a mutually agreed multiparty group multisig arrangement where they can then play around on a sidechain/altnet/'extended block' ledger outside the blockchain.
thus its not a feature that affects all transactions. just those that opt into a special side feature. which you can just avoid if you want all balance to be auditable as normal

i dont use litecoin and havnt touched it since like 2013-4. i just found it odd they relegated litecoin to the crapcoin status(subtly not officially announced as such),

but overall, with all that said. that just means more room for bitcoin investors to have a bigger bitcoin slice of bitcoin pie to invest in
legendary
Activity: 1596
Merit: 1288
i can understand removing BCH and others because(well obvious reasons apply).. but removing litecoin. hmm seems like its sending a message that LTC is a crapcoin..

Probably because of last litecoin privacy update (Explaining MimbleWimble: The Privacy Upgrade to Litecoin). I think they don't want to get into any privacy issues with investors who often shy away from privacy coins like some exchanges does.

no new assets were added, some crypto assets were excluded (sold),
Are they forced to sell? I mean they have financial problems or have they lost hope in these currencies.
legendary
Activity: 4270
Merit: 4534
Grayscale Investments conducted another rebalancing of its cryptocurrency trusts(Digital Large Cap Fund, DeFi Fund, Smart Contract Platform Ex-Ethereum Fund), as a result, no new assets were added, some crypto assets were excluded (sold), what has changed and how it looks now:

Bitcoin Cash, Chainlink, Litecoin, Polkadot and Uniswap have been removed from the Digital Large Cap Fund. The current basket of the trust :

Bitcoin (BTC), 68.88%
Ethereum (ETH), 25.22%
Cardano (ADA), 2.71%
Solana (SOL), 2.23%
Avalanche (AVAX), 0.96%

i can understand removing BCH and others because(well obvious reasons apply).. but removing litecoin. hmm seems like its sending a message that LTC is a crapcoin..

i understand that litecoin has no big merchant utility or utlity to create side networks from. but its more a 'stand against time' value store of legitimacy compared to other coins that are still listed
legendary
Activity: 2590
Merit: 1501
Grayscale Investments conducted another rebalancing of its cryptocurrency trusts(Digital Large Cap Fund, DeFi Fund, Smart Contract Platform Ex-Ethereum Fund), as a result, no new assets were added, some crypto assets were excluded (sold), what has changed and how it looks now:

Bitcoin Cash, Chainlink, Litecoin, Polkadot and Uniswap have been removed from the Digital Large Cap Fund. The current basket of the trust :

Bitcoin (BTC), 68.88%
Ethereum (ETH), 25.22%
Cardano (ADA), 2.71%
Solana (SOL), 2.23%
Avalanche (AVAX), 0.96%

Yearn Finance (YFI) has been removed from DeFi Fund and it has the following components:

Uniswap (UNI), 56.35%
MakerDAO (MKR), 13.49%
Aave (AAVE), 12.44%
Curve DAO Token (CRV), 7.48%
Amp (AMP), 5.52%
Compound (COMP), 4.72%

Stellar Lumens (XLM) has now been removed from Smart Contract Platform Ex-Ethereum Fund (GSCPxE) and its portfolio:

Cardano (ADA), 31.69%
Solana (SOL), 25.43%
Polkadot (DOT), 13.90%
Avalanche (AVAX), 10.87%
Polygon (MATIC), 8.45%
Cosmos (ATOM), 5.29%
Algorand (ALGO), 4.37%

Source: https://www.globenewswire.com/en/news-release/2022/07/08/2476578/0/en/Grayscale-Digital-Large-Cap-Fund-Grayscale-DeFi-Fund-and-Grayscale-Smart-Contract-Platform-Ex-Ethereum-Fund-Announce-Rebalancing-of-Funds-for-Second-Quarter-2022.html
sr. member
Activity: 1330
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I believe many people will like to be part of this moving train so that they will become a better person in future. Now that many people are looking for where to acquire a good profit to be successful in their investment, I think they will have something good to achieve from this Grayscale BTC because there are a lot of things people need to know about this Grayscale BTC that will really help them now and in future.
people like were they will make mega profit to start up something different for their life I think that cryptocurrency is a currency that everybody will like to stand with so therefore people use  cryptocurrency this time around because of the time of investment that works from it so we don't have to blame anybody concerning investment of cryptocurrency right now I know that many people is investing on it since they have noticed the change and the kind of return it brings. And people who invented before is now redeeming the success in abundance
legendary
Activity: 2268
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Fully fledged Merit Cycler - Golden Feather 22-23
Bloomberg published an interesting essay on a possible ETF rejection by the SEC, that has materialised since then.
I think it's still work a visit

I had to re-edit to avoid distributing proprietor graphics and functions.

GBTC: ETF Conversion Denial Coming

James Seyffart
Team: Strategy
BI ETF Analyst


GBTC Conversion Into Bitcoin ETF Likely to Be Rejected by SEC
Contributing Analysts Eric Balchunas (Strategy)

Grayscale's attempt to convert the Grayscale Bitcoin Trust (GBTC) into an ETF will likely be denied by July 6, we believe -- and as early as July 1, alongside Bitwise's application. In Teucrium's April approval letter, the SEC outlined its plan for continued rejections of spot Bitcoin ETFs. Denying Grayscale would likely spark a lawsuit against the agency. (06/29/22)


1. Grayscale & Bitwise Due for Early-July Decision

The outlook for potential Bitcoin ETF issuers in the US should become clearer in July. The One River Carbon Neutral Bitcoin Trust was the sixth spot Bitcoin ETF to be denied in 2022, and we expect Bitwise and Grayscale to join the filing graveyard by July 1 and July 6, respectively. Rejection is almost certain, though we believe spot ETFs would give investors cheaper and more efficient access to Bitcoin than current alternatives on the US market.

GBTC's denial is likely to prompt Grayscale to sue the SEC, alleging a violation of the Administrative Procedure Act. Litigation could take 12-18 months. In the meantime, a CFTC-regulated spot market from FTX might meet the SEC's requirements, possibly clearing a path to approval. (06/29/22)

Current List of Bitcoin ETF Filings

Source: Bloomberg Intelligence


2. Teucrium Approval Highlights SEC Desire to Deny
Quote
Government Filing
Quote
"The Commission has found that the `mixed results' of price discovery analyses, including the two studies cited by Arca in its filing, fail to demonstrate that the CME bitcoin futures market constitutes a market of significant size vis-a-vis the bitcoin spot market. ...Therefore, the Commission concludes that the CME is a `significant market' related to CME bitcoin futures contracts, and thus that the Exchange has entered into the requisite surveillance-sharing agreement."
SEC Division of Trading And Markets
April 6, 2022

The SEC's approval letter for Teucrium's Bitcoin futures ETF highlights how difficult it could be to get a spot version approved as the agency tightens its conditions. To justify approval of Teucrium's product, the SEC relied on a technicality: It deemed the CME futures market to be of significant size only with respect to its own futures contracts. Put another way, to maintain the ability to deny spot ETFs, the agency concluded that the CME met the standard for a market of significant size by comparing the CME to itself. Yet the agency has repeatedly rejected ETFs tracking spot Bitcoin, which underlies the valuation of those CME futures.

The SEC has reiterated its requirement for surveillance-sharing agreements with a market of significant size in all Bitcoin ETF denial letters. (06/29/22)


3. Lawsuit Could Take 12-18 Months
Contributing Analysts Elliott Z Stein (Litigation)

Read Research Note: Bitcoin Spot ETF Lawsuit Would Struggle
A suit by Grayscale over a Bitcoin spot ETF rejection would take about 12-18 months to resolve once it's filed, according to our expected timeline. Such a lawsuit can't come until the rejection order is filed in the Federal Register, likely around the first week of July. A lawsuit would then need to be filed within 60 days. We think the Securities Exchange Act of 1934 (15 U.S.C. 78y) requires the suit to be filed in federal appeals court. Written arguments would take about six months to finish. Oral argument would likely come about three months later, and a decision would likely come 3-9 months after that. A Supreme Court petition could follow, but we don't think this is the type of case the high court would review.

NYSE Arca should also have standing to sue as the exchange that filed the relevant application. (06/29/22)

Potential Litigation Timeline

Source: Bloomberg Intelligence


4. Regulation or Surveillance Agreements Required

Quote
Government Filing
Quote
"As explained above, for bitcoin-based ETPs, the Commission has consistently required that the listing exchange have a comprehensive surveillance-sharing agreement with a regulated market of significant size related to bitcoin, or demonstrate that other means to prevent fraudulent and manipulative acts and practices are sufficient to justify dispensing with the requisite surveillance-sharing agreement. The listing exchange has not met that requirement here. "
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 46

No spot Bitcoin ETF is likely to be approved by the SEC without new rules, regulation of crypto exchanges or surveillance agreements with those exchanges -- and it's too late for any of those conditions to be met before GBTC's July 6 deadline. The term "Surveillance-Sharing Agreement" appears at least 40 times in SEC 19b-4 letters denying Spot Bitcoin ETF applications. Though agreements with a handful of large crypto exchanges might satisfy the agency, it's more likely that a market "of significant size" will have to come under an SEC or CFTC regulatory framework. A filer also might win approval if it can convince the SEC that CME futures are of significant size.

The 19b-4 rule-change process is part of the Securities Exchange Act of 1934, which included provisions aimed at preventing market manipulation. (06/29/22)


5. Grayscale APA Argument Affected by Teucrium OK

Quote
Company Filing
Quote
"The (SEC) has no basis for the position that investing in the derivatives market for an asset is acceptable for investors while investing in the asset itself is not. ...The only logical explanation for the curious inconsistency afforded these competing products is a bureaucratic artifact. ...The standard for approving the listing of spot Bitcoin ETPs is arbitrary and, in practice, impossible to meet. ...The Rule 19b-4 framework is so ill-defined and unachievable as to be arbitrary. ...The Exchange Act and the APA require the Commission to treat BTC similarly to Bitcoin futures ETPs."
Law Firm, Davis Polk & Wardwell LLP
SEC.Gov, Nov. 29, 2021

The SEC's approval of Bitcoin futures ETFs under the 19b-4 process could bolster aspects of Grayscale's argument that denying its request to convert GBTC would violate the Administrative Procedure Act, but it hinders others. In its own 19b-4 filing, Grayscale and its lawyers at Davis Polk say the SEC's stance -- favoring investment in Bitcoin futures rather than the underlying asset -- violates the APA, which requires federal agencies to treat similar situations alike, absent a rational basis for differing assessments. But Grayscale can no longer argue that the SEC arbitrarily approved ETFs solely because of the Act they filed under -- 1933 vs. 1940.

Though the SEC's position may appear inconsistent, we don't expect the agency to consider that argument when deciding on the GBTC filing in July. (06/29/22)


6. CME Futures Market Falls Short for SEC


Quote
Government Filing
Quote
"The Commission accordingly concludes that the information provided in the record does not establish a reasonable likelihood that a would-be manipulator of the proposed ETP would have to trade on the CME bitcoin futures market to successfully manipulate the proposed ETP. Therefore, the information in the record also does not establish that the CME bitcoin futures market is a `market of significant size' with respect to the proposed ETP."
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 35

Cboe, NYSE and issuers have argued in multiple spot Bitcoin ETF applications that the CME Bitcoin futures market is meaningfully large and regulated by the CFTC, satisfying the SEC's surveillance criteria for a market of significant size. The SEC has repeatedly rejected this notion, saying actors could manipulate the spot Bitcoin market without trading CME futures or affecting them. Yet the two markets are intertwined: Manipulating spot prices would affect futures.

We believe the recent approval of Teucrium's Bitcoin futures ETF, a 1933 Act fund that went through the same 19b-4 process as spot Bitcoin ETFs, further weakens the SEC's argument. (06/29/22)


7. CME Futures Priced Using Group of Spot Exchanges
CME Bitcoin Reference Rate Constituent List


Source: Bloomberg Intelligence

The Bitcoin Reference Rate (BRR) used to determine the value of CME Bitcoin futures is calculated from prices on six spot exchanges for the digital asset -- the same venues and markets the SEC deems prone to fraud and manipulation. The main exchanges used in the BRR are Bitstamp, Coinbase, Gemini, itBit, Kraken and LMAX Digital. Proposed spot Bitcoin ETFs would be valued using a similar method, drawing from a diverse set of exchanges to prevent erroneous data or manipulation from affecting pricing.

The SEC's stance appears contradictory to us. Though the agency has cited manipulation concerns when rejecting spot Bitcoin ETFs, they would be based on the same exchange data that underlies approved futures ETFs. (06/29/22)


8. Unmoved by Inferior Option, GBTC's Inefficiencies

Quote
Government Filing
Quote
"The Commission disagrees with the premise of the Exchange’s argument. The proposed rule change does not relate to a product regulated under the 1940 Act, nor does it relate to the same underlying holdings as the Bitcoin Futures ETFs. The Commission considers the proposed rule change on its own merits and under the standards applicable to it."
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 50

The SEC's stated focus is on protecting investors, but its rejection of spot Bitcoin ETFs is limiting access and leaving the market with inferior options: futures ETFs, whose roll costs can exceed 10% a year, or GBTC, which has the potential for large premiums and discounts. Grayscale cites the latter as a reason to permit GBTC to convert into an ETF. Holders have been crushed in 2022 as GBTC's discount expanded -- exacerbated by Bitcoin's falling price. The intraday discount exceeded 35% in June. An ETF conversion would eliminate discounts and premiums.

Issuers have frequently cited the "inconsistency" of the SEC's approach in filings: It's allowing a derivative of an asset to be in an ETF wrapper but not the asset itself. The SEC has repeatedly dismissed these objections, saying 19b-4 review is a stand-alone process. (06/29/22)


9. Investor-Protections Argument Skirted by Teucrium

Quote
Statement
Quote
"Subsequently, we’ve started to see filings under the Investment Company Act with regard to exchange-traded funds (ETFs) seeking to invest in CME-traded bitcoin futures. When combined with the other federal securities laws, the ’40 Act provides significant investor protections for mutual funds and ETFs. I look forward to staff’s review of such filings."
Gary Gensler - SEC Chairman, Securities & Exchange Commission
SEC.Gov, Sept. 29, 2021

The approval of Teucrium's fund, which was filed under the 1933 Securities Act, appears to us to have undermined the SEC's argument against spot Bitcoin ETFs -- but still not enough to change the agency's position. The US Bitcoin futures ETFs approved in October were submitted under the Investment Company Act of 1940. SEC Chairman Gary Gensler said on Aug. 3, 2021, that he expected Bitcoin ETFs to be filed under the 1940 Act, citing its superior investor protections. He reiterated his stance on Sept. 29.

By approving Teucrium's ETF, we believe the SEC can no longer lean on the 1940 Act's investor protections as a reason to deny spot Bitcoin ETFs. (06/29/22)

Grayscale Would Unlikely Win a Suit v. SEC Over Bitcoin Spot ETF
Contributing Analysts Elliott Z Stein (Litigation)

Grayscale would face an uphill battle if it sues the SEC over the agency's likely rejection of its application to convert Grayscale's Bitcoin Trust (GBTC) to an ETF. That outcome would delay acceleration of flows into cryptocurrency funds, which Bloomberg Intelligence estimates could double to $120 billion within five years. If Grayscale sues, we expect resolution would take 12-18 months. (06/29/22)


10. Lawsuit Against SEC Would Struggle
Contributing Analysts Elliott Z Stein (Litigation)

Quote
Additional Reading:
Comment Letters to SEC on Application to Convert GBTC to an ETF
Davis Polk April 18, 2022 Letter to SEC on Behalf of Grayscale
SEC April 6, 2022 Order Approving Teucrium Bitcoin Futures ETF
Davis Polk Nov. 29, 2021 Letter to SEC on Behalf of Grayscale
SEC Nov. 12, 2021 Order Rejecting VanEck Bitcoin Spot ETF

A suit against the SEC for rejecting a Bitcoin spot ETF would likely lose, in our view. We think the SEC has articulated a reasonably clear standard for approving Bitcoin futures ETFs but not Bitcoin spot ones: namely, whether the relevant exchange has a surveillance agreement with a market of significant size, making fraud less of a concern. Still, we think there's enough ambiguity in the standard to make it a close case, especially with a trend toward a conservative judiciary receptive to arguments that would curtail the administrative bureaucracy. But this case is unlike broader SEC rules concerning climate change or market structure. The anticipated order on Grayscale's Bitcoin Trust is more case specific and fact intensive, making a court less likely to disrupt it. (06/29/22)


And...

Contributing Analysts Elliott Z Stein (Litigation)

Teucrium approval weakens Grayscale argument.

The SEC's April 6 approval of Teucrium's Bitcoin futures ETF weakened one of Grayscale's potential arguments -- that the SEC's approval process is "arbitrary and capricious." We think that argument had more force when the SEC intimated that applications would be granted under the Investments Company Act of 1940 yet not the Securities Act of 1933. That argument was made moot by the SEC's approval of Teucrium's application, which was filed under the '33 Act. (06/29/22)


FTX's CFTC Proposal Could Be Backdoor to Spot Bitcoin ETF Launch
Contributing Analysts Eric Balchunas (Strategy)

Read Research Note: FTX Proposal May Create Opening for Spot Bitcoin ETF
FTX's proposal before the CFTC for a new clearing model for its cryptocurrency-trading platform looks to us like it could eventually offer a path to US approval of a spot Bitcoin ETF. Putting FTX's spot Bitcoin markets under CTFC oversight could satisfy the SEC's requirements for a federally regulated and monitored spot Bitcoin market. (05/24/22)


11. Proposal Could Bring FTX Under CFTC's Jurisdiction
Commodities Exchange Act section 2(c)2(D)


Source: Bloomberg Intelligence

FTX's platform could qualify as a federally regulated spot Bitcoin exchange under the company's proposal to the CFTC, which offers a "non-intermediated" model for crypto derivatives trading: FTX would directly hold collateral from the customer rather than use a Futures Commission Merchant (FCM). This would allow FTX to offer leverage or margin to anyone trading on the platform. A section of the Commodities Exchange Act of 1936 says the simple act of offering margin or leverage (whether accepted or not) would qualify the subsequent trades as "retail commodity transactions" that fall under CFTC regulation.

A regulated spot Bitcoin exchange could remove one obstacle to SEC approval of spot Bitcoin ETFs. (05/24/22)


12. CEO Hints Venue Could Support Move to Spot ETF
Contributing Analysts Eric Balchunas (Strategy)

FTX CEO Says Working on Spot Crypto

Source: Bloomberg Intelligence

FTX and its US subsidiaries are working with regulators on many fronts. FTX CEO Sam Bankman-Fried, responding to a tweet that referenced Grayscale's attempt to convert the Grayscale Bitcoin Trust (GBTC) into an ETF, said that FTX wants to offer a federally regulated spot crypto venue that could help meet the SEC's surveillance requirements. FTX's marketplace would be regulated by the CFTC, taking a step toward encouraging SEC approval of a spot Bitcoin ETF. Yet more exchanges alongside FTX's may still be needed, based on recent SEC filings. (05/24/22)

To contact the analyst for this research:
James Seyffart at [email protected]



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To be honest, I don't really follow the news about the issue between the SEC and Grayscales right now about the mention of bitcoin as a commodity by the SEC chairman, now it's been reported that all decisions will be made on July 6th and the main focus of the problem seems to be bitcoin, then What do you think the impact of all these decisions will be on altcoins like ETH and BNB that are not mentioned?
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Grayscale reported that their application to convert GBTC into a spot ETF was denied by the SEC. Considering this decision discriminatory, the company filed a petition with the United States Court of Appeals for the D.C. Circuit to review the SEC's decision.

You didn’t need Eric Balchunas to understand the ETF conversion chances were slim; it was sufficient to look at the market discount over NAV.

I would say this lawsuit, they have been rightly preparing for during the last years, I would say, is crucial for the very existence of GBTC.
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Grayscale reported that their application to convert GBTC into a spot ETF was denied by the SEC. Considering this decision discriminatory, the company filed a petition with the United States Court of Appeals for the D.C. Circuit to review the SEC's decision.

Official message from Grayscale: https://grayscale.com/sec-gbtc-decision/

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