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Could Ark Invest Bitcoin ETF Amendment Be Good For Approval?

In the world of cryptocurrency, the pursuit of a Bitcoin exchange-traded fund (ETF) has been a topic of great interest and speculation. Recently, Ark Invest and 21Shares made amendments to their joint spot Bitcoin ETF application, which has sparked discussions about the potential implications for future approvals. In this article, we will delve into the details of these amendments and explore their significance in the regulatory landscape.

Understanding the Amendments of Bitcoin ETF

The amended filing submitted by Ark Invest and 21Shares to the United States Securities and Exchange Commission (SEC) provides additional information about the proposed spot Bitcoin ETF. One notable change is the inclusion of practices for asset custody and asset value determination. These amendments shed light on how the fund intends to handle and safeguard its assets.

According to Bloomberg senior ETF analyst Eric Balchunas, these changes are a response to concerns raised by the SEC. By addressing these concerns, Ark Invest has demonstrated its commitment to meeting the regulatory requirements. Balchunas sees this as a positive sign of progress in the ETF approval process.

A Closer Look at the Bitcoin ETF Amendments

The amendments made by Ark Invest are scattered throughout the filing, resulting in a document that is five pages longer than the original. However, Balchunas asserts that none of the comments raised by the SEC were insurmountable or significantly new. This suggests that the amendments were focused on clarifying existing information rather than introducing major changes.

One significant clarification pertains to the net asset value (NAV) calculations of the fund. Ark Invest acknowledges that its NAV calculations do not align with the Generally Accepted Accounting Principles (GAAP) prescribed by the SEC. This transparency demonstrates the fund’s commitment to providing accurate and reliable information to potential investors.

Another noteworthy amendment concerns the custody of the ETF’s assets. The filing states that the assets held by Coinbase Custody are held in segregated accounts on the Bitcoin blockchain, commonly referred to as “wallets.” This arrangement ensures that the ETF’s assets are not commingled with corporate or other customer assets, providing an additional layer of security for investors.

Potential Risks and Considerations

Ark Invest’s amendments, viewed as positive, include a new disclosure highlighting potential risks related to illegal Bitcoin usage and the environmental impact of mining. This disclosure suggests that the ETF’s value could be affected if Bitcoin faces restrictions. Scott Johnsson, a Van Buren Capital general partner, finds the inclusion humorous but demonstrates the ETF’s commitment to transparency and regulatory compliance. The environmental impact risk factor could impact the ETF’s value.

Looking Ahead: Future Approvals and Implications

Ark Invest and 21Shares have made amendments to their Bitcoin ETF filing, indicating that the SEC is not imposing unnecessary obstacles to the approval process. The amendments address concerns and provide clarity on key aspects of the proposed ETF. While the approval of a Bitcoin ETF is still pending, the amendments suggest positive steps towards eventual approval. The ongoing dialogue between the fund and the SEC, commitment to transparency, and regulatory compliance make a strong case for future approval. ETF issuers must work closely with the SEC to ensure compliance and provide investors with reliable investment opportunities.

Ark Invest and 21Shares have made amendments to their Bitcoin ETF application, demonstrating progress and commitment to regulatory compliance. The changes address SEC concerns, clarify key aspects of the proposed ETF, and show a positive trajectory towards future approvals. As the cryptocurrency market continues to grow, a Bitcoin ETF could offer investors new opportunities while adhering to regulations.



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