Spot Bitcoin ETF filers to finalize S-1s today

A potentially historic week for Bitcoin starts, which could see the long-awaited approval of spot Bitcoin (BTC) exchange-traded funds (ETF), with issuers expected to finalize their Form S-1 amendments on Monday.

According to multiple sources, asset managers are expected to amend their spot Bitcoin ETF filings by 8:00 am Eastern Time, or 1:00 pm UTC, on Jan. 8. This comes after 11 asset managers filed 19b-4 amendments to their applications on Jan. 5.

The anticipated S-1 amendments are likely to include information about fees or identities of the market makers for the potential ETFs, according to a report by Reuters on Jan. 5.

Details in the report are in line with information obtained by Bloomberg ETF analyst Eric Balchunas, who also predicted that “final S-1s” will be filed on Jan. 8.

“It’s basically done,” Balchunas tweeted on Jan. 5, noting that the United States Securities and Exchange Commission (SEC) has been “trying to line everyone up for a Jan. 11 launch.” He stressed, however, that the SEC had not officially confirmed that timeline.

Yeah it’s basically done. Latest I’m hearing (from multiple sources) that final S-1s are due 8am on Monday as SEC is trying to line everyone up for Jan 11th launch. That said, I still want to hear it from the SEC to call it official.— Eric Balchunas (@EricBalchunas) January 5, 2024

The anticipated S-1 amendments will join numerous S-1 updates filed by multiple spot Bitcoin ETF applicants over the past few months. The community previously expected the potential issuers to file final S-1 amendments by late December 2023.

After the amended S-1 filings have been made, multiple issuers expect to receive final approvals of their applications by Jan. 9 or 10, according to Reuters.

If approved, S-1 filings alone would not mean the immediate launch of a specific spot Bitcoin ETF, as the SEC must approve both the S-1 and 19b-4 filings.

Eleven of the asset managers that have applied for permission to launch a spot Bitcoin ETF filed 19b-4 amendments on Jan. 5. The filers included BlackRock, Valkyrie, Grayscale, Bitwise, Hashdex, ARK Invest and 21Shares, Invesco and Galaxy, Fidelity, Franklin Templeton, VanEck and WisdomTree.

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The SEC Form 19b-4 is a form that is used to inform the agency of a proposed rule change by a self-regulatory organization under Rule 19b-4 under the Securities Exchange Act of 1934. While the S-1 contains basic business and financial information on an issuer with respect to a specific securities offering, the 19b-4 is intended to elicit information necessary for the public to provide comment on the proposed rule change.

According to U. S. securities laws, the SEC review and approval or denial can take up to 90 days from when the 19b-4 form is officially filed.

Meanwhile, the crypto community is in a state of high anticipation over the expectation that the U. S. SEC will approve a spot Bitcoin ETF by Jan. 10. Cathie Wood’s investment firm ARK and its European partner 21Shares are the first in the line for the SEC’s decision on Jan. 10, with some analysts expecting multiple ETF approvals to happen in one day.

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