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Grayscale Rushes to Secure Bitcoin ETF Approval as Court Deadline Looms

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“Grayscale’s urgent push for a spot Bitcoin ETF approval before the court deadline illuminates the growing demand for mainstream cryptocurrency investment products and highlights the potential for a transformative shift in the financial landscape.”



Grayscale Investments, the digital asset management firm, is making a bold move ahead of the court mandate on spot Bitcoin ETF approval. The company has submitted an S-3 filing with the SEC, which represents a registration statement aiming to register shares of the Grayscale Bitcoin Trust (GBTC). This filing comes as Grayscale continues its efforts to transform the trust into a spot Bitcoin ETF.

The filing confirms Grayscale’s eligibility to utilize Form S-3, citing compliance with the Securities Exchange Act of 1934 since January 2020 and other requirements. It is seen as a strategic move by Grayscale amidst efforts by industry giants like BlackRock and Fidelity to secure SEC approval for their spot Bitcoin ETFs.

The court mandate from the U.S. Court of Appeals for the D.C. Circuit, expected tomorrow, is anticipated to reinforce the preliminary decision from August, marking a significant step in the proceedings. The court’s decision will determine if the SEC must revisit Grayscale’s ETF application due to recent rulings.

While the absence of an appeal from the SEC regarding the court’s decision last week sparked hope for an imminent spot Bitcoin ETF, there are still several steps to be taken before such a product can enter the market. Nine fund managers have submitted applications for spot Bitcoin ETFs to the SEC, with Grayscale emerging as a leader in its legal battle against the regulator.

The upcoming court decision and the SEC’s recent engagement with other Bitcoin ETF applications suggest a potential shift in the regulatory body’s approach. Ark Invest’s CEO, Cathie Woods, highlighted this in a recent CNBC interview, noting the change in the SEC’s position.

Overall, the outcome of tomorrow’s court mandate will have significant implications for the future of spot Bitcoin ETFs. Grayscale’s filing and the industry-wide anticipation are signs of the increasing interest and demand for regulated Bitcoin investment products.

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