The United States Securities and Exchange Commission (SEC) published a decision on Tuesday confirming that it has once again delayed any decision on Bitwise Asset Management’s proposed Bitcoin exchange-traded-fund, or ETF. In its filing, the regulatory agency requested public comment on the issue.
The Commission is instituting proceedings pursuant to Section 19(b)(2)(B) of the Act48 to determine whether the proposed rule change should be approved or disapproved. Institution of such proceedings is appropriate at this time in view of the legal and policy issues raised by the proposed rule change. Institution of proceedings does not indicate that the Commission has reached any conclusions with respect to any of the issues involved. Rather, as described below, the Commission seeks and encourages interested persons to provide comments on the proposed rule change.
Pursuant to Section 19(b)(2)(B) of the Act,49 the Commission is providing notice of the grounds for disapproval under consideration. The Commission is instituting proceedings to allow for additional analysis of the proposed rule change’s consistency with Section 6(b)(5) of the Act, which requires, among other things, that the rules of a national securities exchange be “designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade,” and “to protect investors and the public interest.
The full 52-page SEC filing addresses Bitwise’s arguments and the specific questions the Commission would like commenters to address. It can be read in its entirety here.