Grayscale Submits New Bitcoin ETF Application Amid Barry Silbert’s Departure

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Grayscale Investments, a leading crypto asset manager, has submitted an amended S-3 filing to the United States Securities and Exchange Commission (SEC) for converting its Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin Exchange-Traded Fund (ETF). This move coincides with significant leadership changes, as Barry Silbert, CEO of Grayscale’s parent company, Digital Currency Group (DCG), announced his resignation from Grayscale’s board of directors.

Silbert’s Departure: A Strategic Move?

The unexpected resignation of Barry Silbert has sparked speculation among crypto market analysts. Ram Ahluwalia, CEO of Lumida Wealth, suggests that this decision could be a strategy to improve the odds of the ETF’s approval. Silbert’s departure comes amidst an ongoing SEC investigation into his dealings and those of DCG. Adam Cochran, a partner at Cinneamhain Ventures, theorizes that Silbert’s stepping down might have been a prearranged agreement with the SEC to smooth the path for the ETF conversion request.

One of the most notable aspects of Grayscale’s amended filing is the shift to a cash-creation model for the proposed spot Bitcoin ETF. Eric Balchunas, Senior ETF Analyst at Bloomberg, highlighted that Grayscale had finally acquiesced to cash-only creations, a significant deviation from the traditional in-kind model used by most stock and commodity-based ETFs.

This model change is perceived as a response to the SEC’s reluctance to approve in-kind creations for digital asset ETFs, mainly due to concerns around anti-money laundering and Know Your Customer compliance.

Regulatory Hurdles: Investor Protection vs Innovation

Scott Johnsson, a finance lawyer and general partner at VB Capital, criticized the SEC’s approach, arguing that it could lead to less investor protection. He pointed out the irony in the SEC’s stance, noting that its rigid rulemaking for digital asset safekeeping could backfire despite the agency’s mandate to protect investors. Johnsson also noted that the SEC’s refusal to approve in-kind creation/redemption amendments might introduce new risks for investors eager to engage with novel crypto products.

As Grayscale awaits the SEC’s decision, the crypto community is closely watching how these developments will impact the broader acceptance and regulation of digital assets. The amended S-3 filing marks a crucial step in Grayscale’s efforts to transition GBTC, one of the largest Bitcoin investment vehicles, into a more accessible and regulatory-compliant spot Bitcoin ETF.