SEC delays decision on ARK Invest and Global X Bitcoin ETFs

• The SEC has delayed its decision on the ARK 21Shares Bitcoin ETF decision to early 2024.
• Also delayed is the Global X Bitcoin Trust application.
• Analysts expect the regulator to delay other proposals amid the likelihood of a US government shutdown.

The Securities and Exchange Commission (SEC) has yet again delayed a decision on the ARK 21Shares Bitcoin ETF application, pushing this to early 2024. The SEC also delayed the Global X Bitcoin Trust application to November 21.

News of the delays has elicited various reactions from the crypto industry, with many observing that the regulator will now likely delay all the other applications to next year. Bloomberg ETF analyst James Seyffart shared news of the SEC’s decision on X.

UPDATE: Wow. The SEC just came out SUPER early and delayed the @ARKInvest / @21Shares #Bitcoin ETF filing. This thing wasn’t due for a decision until Nov 11.

Also delaying the @GlobalXETFs application which was due Oct 7. pic.twitter.com/7DiBq1h4Ef

— James Seyffart (@JSeyff) September 26, 2023

Other spot ETF applications could be delayed

In a filing detailing the delay, the SEC notes that it needs “sufficient time to consider the proposed rule change.”

But what’s notable about the Commission’s action is that the decision to delay has come much earlier than anticipated – this was not due until November 11. A host of other proposals, including those of BlackRock and Fidelity were due for a decision in mid-October, and the agency’s move appears to suggest they could postpone these too. 

“This may put the hammer down for any hopes of an ETF approval this year? If they went on Ark/21 shares already, we may see delays on all the other filings today too? BlackRock, Bitwise, VanEck, Invesco, Wisdomtree, Fidelity & Valkyrie [were] all due in mid Oct,” Seyffart opined in a post on X.

A looming US government shutdown makes the likelihood of this scenario unfolding highly possible. It’s one of the things SEC Chair Gary Gensler might have to elaborate on when he appears before the House Committee on Financial Services later today.

No spot Bitcoin ETF yet

The SEC’s notice came a few hours after a group of US lawmakers urged the regulator to “immediately” allow a spot bitcoin ETF. It follows last month’s delay on all the spot bitcoin ETF proposals, and a US court’s decision quashing the regulator’s rejection of the Grayscale Investments’ application to convert its Bitcoin Trust (GBTC) fund to a spot bitcoin ETF.

As CoinJournal highlighted here, August’s decision by the US Court of Appeals for the District of Columbia Circuit granted Grayscale’s petition for a review, with the SEC ordered to reconsider Grayscale’s application.  SEC had 45 days to seek an “en banc” appeal, which puts the deadline for such a move to October 13.