How Grayscale’s Transformed Bitcoin Trust ETF Will Work

Grayscale wins court battle against SEC, paving the way for first Bitcoin ETF.

Kid pointing at Bitcoin ETF, in between two buildings that look identical.
Created by Kornelija Poderskytė from DailyCoin
  • Grayscale has emerged victorious in court, potentially paving the way for debuting the first Bitcoin ETF.
  • The encounter with the SEC has propelled Grayscale’s closed-end fund into a possible transformative trajectory.
  • The potential ETF conversion of GBTC is poised to trigger substantial changes in its structural makeup.

Tuesday saw the court aligning with Grayscale in a legal battle against the Securities and Exchange Commission (SEC). The contentious lawsuit pertained to the SEC denying Grayscale’s endeavor to convert the Grayscale Bitcoin Trust into an Exchange-Traded Fund (ETF). 

Understanding the Conversion to ETF and Its Impact on GBTC

GBTC, the Grayscale product, has historically traded at a discount relative to its underlying asset, a dynamic observed since February 2021. This discount intensified dramatically, reaching an unprecedented 50% in December, coinciding with the SEC’s reaffirmation of its rationale for rejecting the conversion of Grayscale’s trust into an ETF. 


However, the trajectory shifted as notable players entered the arena, resulting in GBTC’s discount narrowing to approximately 25% — a notable decline and the most modest disparity since the early months of 2022.

Market experts have long predicted that shifting from a closed-end fund structure to an ETF framework would eradicate the discount associated with GBTC. This projection rests upon the inherent characteristics of ETFs, which generally trade near their intrinsic value.

Changes That Will Occur If GBTC Converts into an ETF

The structural framework of the fund is poised to remain largely unaltered, with a few notable exceptions: 

The shares will be formally registered under the Securities Act of 1933 with the SEC, marking a departure from the prior approach where GBTC shares were made available through a private placement mechanism – meaning they were initially only available to accredited investors and subject to a six-month holding period.


A pivotal change in the architecture involves the migration of shares from over-the-counter markets to the NYSE Arca platform, representing a shift towards increased visibility and accessibility. The revamped structure will also allow for redemptions, a feature absent in the previous incarnation.

Grayscale has publicly indicated its intent to revise its fee structure if the conversion of GBTC into an ETF comes to fruition. The fund’s existing fee structure, amounting to an annual charge of 2%, would be subject to revision in the event of this transformation.

On the Flipside

  • The court’s decision primarily prompts the SEC to reevaluate Grayscale’s application. Therefore, the SEC retains the authority to withhold approval for these ETFs.
  • While favorable to Grayscale, this legal decision does not guarantee the SEC’s acceptance of a Bitcoin ETF.
  • With the court decision prompting a reevaluation of Grayscale’s application, the responsibility now rests squarely on Grayscale to address the SEC’s concerns and refine its proposal.

Why This Matters

The SEC’s decision on Grayscale’s GBTC ETF conversion application is a major development for the cryptocurrency market. If approved, it would pave the way for more institutional investment in cryptocurrencies. This would likely lead to increased liquidity and price stability in the market, which would benefit both individual and institutional investors.

The SEC has been ordered to review Grayscale’s spot Bitcoin ETF, a landmark ruling that could pave the way for the first US-listed Bitcoin ETF. Read more here: 

Grayscale’s ETF Bid Triumph as Court Sides Against SEC

The price of Bitcoin has fallen by more than 70% from its all-time high, and many investors are wondering if the bear market is over. Read more about it here:

Bitcoin Faithful Tested by Longest Bear Market in History

This article is for information purposes only and should not be considered trading or investment advice. Nothing herein shall be construed as financial, legal, or tax advice. Trading forex, cryptocurrencies, and CFDs pose a considerable risk of loss.

Kyle Calvert

Kyle Calvert is a cryptocurrency news reporter for DailyCoin, specializing in Ripple, stablecoins, as well as price and market analysis news. Before his current role, Kyle worked as a student researcher in the cryptocurrency industry, gaining an understanding of how digital currencies work, their potential uses, and their impact on the economy and society. He completed his Masters and Honors degrees in Blockchain Technology within Esports and Business and Event management within Esports at Staffordshire University.