i just looked into some other reasons why the SEC does not want shares to be easily swapped direct for btc..
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it would be a commodity regulator involved in the share regulation(CFTC not SEC)
This is quite an interesting point and a nice explanation for an otherwise frankly (pun intended) inexplicable decision.
On the other hand, it still surprises me how all the major issuers agreed on an in-kind process only.
What was the problem on their side in cash creation/redemption?
to convert share to BTC is easy. the custodian has to just give away the BTC, institutions love it. custodians love it. SEC/IRS hate it
however.. scenario time:
imagine agent buying 5,000BTC at $35,000 each =$175m to lock up 50000BTC to become collateral for shares
coinbase holds onto the BTC. .. but the cash is not also held onto by coinbase.. the seller that sold the BTC takes the cash out of coinbase
and custodian announces locking the 5000btc and the ETF produces shares for the agent...
(ignore the etf market,, lets continue the scenario at the CEX)
now image 100,000 people just play the CEX markets starting from $350 each for 0.01 amounts coinbase doesnt keep the cash the buyers and sellers deposit and withdraw
but imagine after 100,000 trades of other users cause the price to pump to $70k/coin
again remember no cash left in coinbase
the 100,000 CEX customers withdrew and went to bed, thus the cash was not coinbases to mis appropriate anyway
so now imagine share holders of an ETF were to want to sell a basket of shares amounting to 5000btc via the agent(destroying the shares).. to close a basket
unlocking 5000btc means having to search for $350m of cash to make share basket redemptions sales whole compared to share price.. OR sell on the market causing a price crash meaning the amount combined of the sales wont meet the agreed share sale price earlier in the day
so the SEC dont want agents/brokers closing off their baskets (destroying shares) to exit the ETF easily at all
because it would be difficult for coinbase to find $350m to cover the basket
yes offering BTC "in-kind" is easier for the ETF, broker and custodian... as no cash needs to be found to honour the exit..
X shares=X sats.. easy right
but the SEC doesnt want "in-kind" redemptions (destroying shares to unlock btc) because then CFTC will be the regulator
the SEC want basket redemptions to be a very rare event, planned well ahead of time to give time for other brokers wanting baskets to become etf agents to get in, to buy in at set price of 'match day'. purely so that closing off of baskets can trigger cap gains/losses without causing a spot cex price crash
with all that said.. what i see happening is where baskets would need to be bought and sold, off-market in 'darkpools' between institutions and large agents.. to not affect the public spot cex markets