The SEC announced that it would not appeal the court ruling regarding the Grayscale Bitcoin ETF. The court had previously found the SEC’s rejection decision unfair, and the case concluded in favor of Grayscale. With the news last night, the SEC needs to review Grayscale’s application for a spot Bitcoin ETF.

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The decision not to appeal the decision of the D.C. The SEC announced the Circuit Court, as reported by Reuters on October 13, according to a source familiar with the matter.

Bloomberg analysts anticipate that the SEC won’t submit an application to the Supreme Court, but they emphasize that this doesn’t guarantee approval for Grayscale’s application. According to the reports, the SEC must obey the court’s August decision and revisit Grayscale’s application to convert the Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin ETF.

The appeal court is expected to issue instructions summarizing how its decision should be implemented.

According to Bloomberg ETF analyst James Seyffart, the likelihood of applying to the Supreme Court is low. Grayscale and the SEC are set to commence a dialogue next week. The SEC must approve or reject Grayscale’s spot BTC ETF application by next week or the week after.

If the SEC rejects the application, Grayscale can extend the process by appealing this decision.

On the other hand, the SEC currently has about seven pending spot Bitcoin ETF applications. Seyffart stated that the likelihood of approving a spot Bitcoin ETF application, particularly ARK Invest’s application, is 90% by January 2024.

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The United States Securities and Exchange Commission ( SEC ) has recently announced a postponement in its decision regarding seven prominent applicants seeking approval for a spot Bitcoin exchange-traded fund  ( ETF ) in the United States.

On August 31, the SEC filed a series of documents in which it stated the necessity for additional time to conduct a comprehensive assessment of the proposed rule changes required to permit the listing of spot Bitcoin ETF s on the stock exchange. This delay affects seven applicants, including BlackRock, the world’s largest asset manager, as well as VanEck, WiseOrigin, Invesco Galaxy, WisdomTree, Bitwise, and Valkyrie Digital Assets.

JUST IN: SEC is opting to delay (as expected) on spot bitcoin ETF deadlines pic.twitter.com/W4JjOji6L2

— Eric Balchunas (@EricBalchunas) August 31, 2023

Although the proposed rule change was published on July 19 for public input, the SEC has stayed within the 45-day response period. Opting for an additional 45-day extension, the SEC has shifted the decision date for five applications to October 17. Despite the varying deadlines for these applications, with Bitwise’s deadline set for October 17 and Valkyrie Digital Assets’ deadline for October 19, the language in all the filings remains similar. They indicate that these proposed dates are when the SEC anticipates making a decision to either approve, disapprove, or initiate proceedings to determine whether to disapprove the proposed rule changes.

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Grayscale’s Triumph and Market Uncertainty

Interestingly, this development comes shortly after Grayscale Investments succeeded in appealing an initial SEC decision that rejected the listing of its spot Bitcoin ETF. On August 29, the United States Court of Appeals for the D.C. Circuit ruled in favor of Grayscale, prompting a reevaluation of their application. This victory has led to increased optimism in the market, with Bloomberg analysts now giving a 75% probability assessment for the launch of spot Bitcoin ETF in 2023.

Furthermore, the SEC has recently added another obstacle to the joint spot Bitcoin ETF from Ark Invest and 21 Shares, known as the Ark 21Shares Bitcoin ETF. On August 11, this product faced its third setback in terms of an outcome date, following previous rejections in 2021 and earlier this year.

In summary, the SEC’s decision to postpone its rulings on these six spot Bitcoin ETF applications, along with the Grayscale case developments, has generated significant anticipation and uncertainty in the cryptocurrency market, with market participants eagerly awaiting further regulatory clarity.

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Grayscale, which had submitted a Bitcoin Spot ETF application in the past few months, filed a lawsuit after the SEC rejected their ETF application. The decision from the court had been eagerly awaited for weeks. In breaking news, it has been reported that the court has ruled in favor of Grayscale. Following the decision, the SEC has revoked its rejection of the spot ETF application.

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Here is the opinion issued by the presiding judge in the case:

“Grayscale has presented undeniable evidence, showing a 99.9% correlation between the Bitcoin spot market and the CME futures price. The SEC has failed to adequately explain why it approved two Bitcoin futures ETPs while denying Grayscale‘s proposed Bitcoin ETP. In the absence of a coherent explanation, the unequal regulatory treatment of similar products is deemed unlawful. Consequently, we have accepted Grayscale‘s request for a review and have overturned the Commission’s decision.” As a conclusion, Grayscale Wins the Lawsuit!

Grayscale remarked, “The court’s decision marks a significant milestone for both the Bitcoin ecosystem and American investors.”

After the ruling, Bitcoin underwent a sudden surge, reaching levels around $27,700.

Further details are currently being updated…

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