|

SEC rejects ARK 21Shares Bitcoin spot ETF for the third time but provides a solution as well

  • The SEC stated that the surveillance agreement with Cboe BZX Equities exchange is only limited to Bitcoin futures contracts.
  • The SEC stated that the surveillance agreement could be disregarded if the exchange takes the onus of preventing fraud and manipulation.
  • As it is, the SEC is already facing a lawsuit at the hands of Grayscale, which sued the agency for the same reason.

Bitcoin spot exchange-traded funds (ETF) have been a demand in the crypto market for a very long time, and a few who still want it are consistently failing.

This is because the overseeing Securities and Exchange Commission (SEC) fears possible fraud and misdirection. However, the first noticed among the music box.

SEC rejects another Bitcoin ETF

In the early hours of January 26, the SEC’s rejection of the ARK 21 Shares spot BTC ETF triggered a dialogue in the community. The Bitcoin ETF was set to be listed on the equities exchange Cboe BZX. According to the SEC, another proposal as such was already rejected in April 2022. 

The reason behind this would be the lack of regulation in the stock market. The Ark Investment Management and 21Shares managed ETF was designed to fulfill the needs of an SEC-approved ETF. However, the underlying condition still stands to be the asset being spot.

Ark and 21Shares further stated that the ETF could be listed on Cboe BZX as it has the technology necessary to avoid fraud and manipulation.

However, the SEC stated that the surveillance sharing agreement between Cboe BZX Equities Exchange and the Chicago Mercantile Exchange (CME) did not apply to spot Bitcoin but only to Futures contracts.

However, the SEC stated that it is not necessary for an exchange to have a surveillance-sharing system. This condition is acceptable only if the exchange has some other means of preventing fraud and manipulation.

Since no exchange has been able to fulfill this condition, the SEC has rejected Bitcoin spot ETFs.

SEC vs. Grayscale

While this is the third time ARK Investment Management and 21 shares have faced SEC’s rejection, Grayscale decided to do something about it over the last few months.

The investment management company filed a lawsuit against the Commission.

In the latest brief filed against SEC, Grayscale noted that the agency had exceeded its authority. Grayscale further stated that both Bitcoin Futures and spot Bitcoin and their indices have a 99% correlation, making the “fraud and manipulation” excuse invalid.

Author

Aaryamann Shrivastava

Aaryamann Shrivastava is a Cryptocurrency journalist and market analyst with over 1,000 articles under his name. Graduated with an Honours in Journalism, he has been part of the crypto industry for more than a year now.

More from Aaryamann Shrivastava
Share:

Markets move fast. We move first.

Orange Juice Newsletter brings you expert driven insights - not headlines. Every day on your inbox.

By subscribing you agree to our Terms and conditions.

Editor's Picks

XRP rebounds amid ETF inflows and declining retail demand demand

XRP rebounds as bulls target a short-term breakout above $2.00 on Friday. XRP ETFs record the highest inflow since December 8, signaling growing institutional appetite.

Bitcoin Price Annual Forecast: BTC holds long-term bullish structure heading into 2026

Bitcoin (BTC) is wrapping up 2025 as one of its most eventful years, defined by unprecedented institutional participation, major regulatory developments, and extreme price volatility.

World Liberty Financial recovers as community votes to unlock treasury funds for USD1 adoption

World Liberty Financial recovers over 3% on Friday, holding ground at a key support trendline. Community begins voting to unlock roughly 5% WLFI treasury funds to incentivize USD1 stablecoin adoption.

Crypto Today: Bitcoin, Ethereum, XRP rebound amid bearish market conditions

Bitcoin (BTC) is edging higher, trading above $88,000 at the time of writing on Monday. Altcoins, including Ethereum (ETH) and Ripple (XRP), are following in BTC’s footsteps, experiencing relief rebounds following a volatile week.

Orange Juice Newsletter – Smart insights by real people. Every day.

A free newsletter highlighting key market trends to help traders stay a step ahead. Daily insights on the most relevant trading topics, compiled by our experts in an easy-to-read format so you never miss an important move.

Bitcoin: Fed delivers, yet fails to impress BTC traders

Bitcoin (BTC) continues de trade within the recent consolidation phase, hovering around $92,000 at the time of writing on Friday, as investors digest the Federal Reserve’s (Fed) cautious December rate cut and its implications for risk assets.