Grayscale Considers Legal Action Against SEC

Grayscale Considers Legal Action Against SEC

LawLegal

By Jakub Lazurek

01 Mar 2024

2 min read

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Grayscale is thinking about a lawsuit against the SEC for denying options trading on Bitcoin Trust

Grayscale Investments, a key player in crypto asset management, is contemplating a lawsuit against the SEC after the agency declined to approve options trading for its Grayscale Bitcoin Trust (GBTC). The firm has reached out to the SEC, pushing for the green light on options for its Bitcoin Trust, citing "unfair discrimination" against its shareholders as per Nate Geraci, President of the ETF Store, who hints at a possible legal challenge ahead based on Grayscale's firm stance in their communication.

Grayscale is striving for fair treatment, lobbying the SEC to approve options trading for its bitcoin ETF, similar to approvals given to bitcoin futures ETFs. Michael Sonnenshein, Grayscale's CEO, stated in the letter that without options trading, GBTC investors are at a disadvantage, making the trustless appealing to potential investors. This is despite the SEC previously allowing options trading for ETFs linked to bitcoin futures, a precedent Grayscale argues should also apply to their product. The firm advocates for GBTC options to improve price discovery, market navigation, and hedging for investors. Sonnenshein has publicly stressed the importance of a strong options market for spot Bitcoin ETFs, noting the quick availability of options for Bitcoin futures ETFs, unlike the slower process for spot Bitcoin ETFs due to regulatory hurdles.

The difference in regulatory treatment between futures and spot bitcoin ETFs is a major issue for Grayscale. Sonnenshein argues that options would benefit all investors, urging an end to the current unequal regulatory framework that limits the effectiveness and reach of spot Bitcoin ETFs. This effort by Grayscale to challenge regulatory barriers highlights its broader campaign for equality in the cryptocurrency investment space.

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