The United States Securities and Exchange Commission (SEC) has reportedly opted not to appeal a recent court ruling in favor of Grayscale Investments.
The decision stems from the U.S. Court of Appeals for the District of Columbia Circuit, which directed the SEC to review Grayscale’s application for a spot Bitcoin exchange-traded fund (ETF).
This development was disclosed in an October 13 report by Reuters, citing an insider source. Bloomberg analysts, too, anticipate that the SEC will refrain from taking the matter to the Supreme Court, although this doesn’t guarantee automatic approval for Grayscale’s ETF application.
If these reports hold true, the SEC is obligated to comply with the court’s August order, requiring a thorough evaluation of Grayscale’s request to transform its Grayscale Bitcoin Trust into a spot Bitcoin ETF. Reuters anticipates that the appeals court will soon provide a detailed mandate outlining how the SEC should execute this ruling.
In response to these unfolding events, Bloomberg ETF analyst James Seyffart expressed his perspective via X (formerly Twitter), suggesting that the SEC is unlikely to appeal further.
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Seyffart anticipates that discussions between Grayscale and the SEC will commence in the coming week, with the hope of shedding more light on the next steps.
Looking ahead, Seyffart posits that we may learn in the next week or two about the deadline for the SEC to either approve or deny Grayscale’s spot Bitcoin ETF application.
Should the SEC reject the application, Grayscale would retain the option to appeal, potentially prolonging the process.
Approximately seven spot Bitcoin ETF applications currently await the SEC’s decision, indicating substantial interest in this investment vehicle.
In a separate X post on October 13, Seyffart reiterated his belief in a 90% probability of a spot Bitcoin ETF application receiving approval in January 2024, with specific reference to Cathie Wood’s ARK Invest.
Seyffart and Eric Balchunas, Bloomberg’s senior ETF analyst, previously estimated a 75% likelihood of an ETF application gaining approval in 2023, underscoring the growing momentum and expectations surrounding this evolving financial instrument.
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