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Author Topic: Everything you wanted to know about a future Based ETF and were afraid to ask!  (Read 603 times)
fillippone (OP)
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December 01, 2021, 11:20:12 PM
Last edit: May 15, 2023, 10:34:29 PM by fillippone
Merited by Welsh (15), hugeblack (4), philipma1957 (3), JayJuanGee (3), Upgrade00 (2), Rikafip (2), Coin-1 (1), dkbit98 (1), BITCOIN4X (1), Poker Player (1)
 #1

Futures-Backed Bitcoin futures have demonstrated themself a dramatically successful product, even if they have some very peculiar drawback that makes them a subpar instrument compared to cash backed Bitcoin ETF’s, which, for the moment, aren’t allowed (or going to be allowed) by the regulator.

The First Futures Bitcoin futures blacked ETF to launch has been Proshares’ Bitcoin Strategy ETF (BITO), which managed to hoard more than 1 Bln Assets Under Management in less than three days: the fastest ETF to reach this threshold.

Let's analyze how it works.



BITCOIN STRATEGY ETF

Website
Prospectus
Factsheet:


Here there is the Fund-s factsheet, describing his mean features:

https://www.proshares.com/media/fact_sheet/ProSharesFactSheetBITO.pdf?param=1637843142072

From these few lines we can highlight the main feature of the fund:
  • Quote
    The fund seeks capital appreciation
    This vague statement is quite different from what you would find on a standard ETF term sheet. Those documents usually report something like:

    Something like:
    Quote
    The Fund ProShares X seeks investment results, before fees and expenses, that track the performance of the X Index.
    This means they adopt a purely passive approach (bar a very few highly specialized actively managed ETF’s).
    The fact that they don’t clearly state this “track” statement in the objective fund is indicative of the fact that they surrendered to the fact that tracking is quite a difficult objective to achieve, even before fees and expenses.
  • Quote
    The fund holds exposure to Bitcoin futures contracts only
    The fund invests in Bitcoin futures to hedge their exposure to Bitcoin. They have the theoretical possibility to use other instruments, like equities of other instruments, but this is on a last-resort basis. Using futures instead of the underlying spot bitcoin means that the position must be actively managed, to say the least, roll the position each future expiry. This has implications on the expenses of the fund, as we will see.
  • Quote
    The fund doesn’t invest directly in Bitcoin
    The future is not allowed, due to regulatory constraints, to directly invest in “physical” bitcoins. As the future is cash-settled, even if they somehow take delivery of the future, they will never end up with physical bitcoins in their portfolio.



ETF Basics: Shares issuance/Destruction

Bitcoin ETFs trading is facilitated by Market Makers, subjects that provide the market with liquidity, or continuously updated prices and quantities for the investors to buy and sell the ETF. When an investor wants to buy an ETF share, will put in competition the prices of the various market makers on the exchange. Each market Makers continuously quote a pair of bid/offer prices for the ETF, that will be provided according to their peculiar models regarding underlying price and liquidity, willingness to reduce their inventory, and any possible other price-sensitive factors. When an investor decides to buy an ETF share and trade with the best pricing market maker, he will transfer the cash to the market maker, that in return will transfer the ETF in case of a buy (vice versa in case of a sell, the investor will transfer the ETF share against the cash). This simplified version of the trade requires the share already being issued and in possession of the market makers, to be transferred to the buyer through the exchange. In the event this is not the case, the market maker will have to go to the ETF issuer in order to obtain a new ETF share, against the corresponding cash amount. This process is called “share creation” or “share issuance”, and happens when the number of shares bought exceeds the available shares sold. Of course, the opposite phenomenon can happen, and it is called “shares destruction”. Please note that this creation/destruction process always happens “in-kind”, or against cash, not against futures as market makers transfer cash to the ETF issuers rather than futures.
 
As the share creation/redemption process is not instantaneous, or actually is quite slow, each market maker will maintain a certain quantity of shares in their account, maybe also hedging their value against the underlying market, in order to timely provide liquidity to the market.  Looking at shares creation/destruction we can have a precise idea of funds flowing into and out an ETF, as the AUM is a misleading guide, as it can grow bigger without new fund inflow, being influenced by the underlying price dynamics (something like GBTC reaching record AUM without new subscribers being fund’s subscriptions being closed since the beginning of this year).

Future Backed ETF. How they Work
The main Feature of Bitcoin ETFs approved by SEC so far, is the fact that they track the future underlying price, or the CME reference Index in case of BITO. According to the SEC, approving ETFs under the 1940 Act, limiting approval only to future based ETFs means more protections for investors. Also, in their opinion, this is the only possible approval, as the fact that Bitcoin isn’t a security, makes it impossible for them to approve a physical bitcoin ETF under the less stringent 1933 act.
As the ETF has to replicate an index tied to CME futures market, the most effective way to do so is to buy the Futures quoted on that index, with a specific ratio in order to match the exposure given by the shares.
The problem is there is a huge cost in this kind of strategy. While the underlying index is continuous, futures have a designed maturity, and when this maturity nears, the issuer has to roll their exposure to the next expiry month. Rolling the exposure means selling the front month (the future with shorter expiry) to buy a longer maturity one (back month future). The price difference between the two contracts is actually a transaction cost.
In particular, given the peculiar microstructure of the Bitcoin market, the future price structure is upward sloping. Something called contango, as we explained in the thread:
Everything you wanted to know about BTC futures but were afraid to ask!

Fig.1. The Bitcoin Future Curve exhibits a steep contango. This has been true since its inception.

Each dot in the above graph, bar the one in the left which is the current spot level, represents a future expiry: as you can see going further on longer maturities the price increases. Just remember this has nothing to do with the expected future price of bitcoin, but it's something intrinsically determined by the market microstructure, as explained in my Future thread: future prices are not an unbiased prediction of the future spot market.

Being the future curve in contango, this means that every time the issuer rolls the position to longer futures, he has to sell the shorter, lower priced future, to buy the longer, higher-priced future. The whole operation imposes a loss, that will be passed to the investor, as a reduction to the NAV.
This cost is not constant, but depends on the shape of the futures curve structure being higher with steeper curves, and lower with flatter curves.
Since the launch of the ETF we have seen the future curve move quite a lot, as we can appreciate from this graph:

Fig.2. Contango curve has been quite traded since ETF inception, and reached its' maximum on the same date of the future roll.


From the initial situation before the announcement of the ETF, the blue line, which exhibited a small contango, simply the advent of a future based ETF sent the curve in a steeper contango (red Line, sampled on ETF launch date). Then, at the first roll, the contango got its's height, as the ETF itself was buys buying longer dated future and selling front months. Yesterday the situation was somewhat mixed, having just completed their second roll, for the moment the situation is not at the extremes.

In the below picture we can see an estimate of these costs, and we see that in the past years it has been also at around 10%.

Fig.3. The Bleed Index is a way to measure the cost of the rolling the activity to longer futures.

This roll cost is a burden on the ETF performance: in case the roll cost is 10%, all other things being constant, the ETF will underperform Bitcoin Price of this 10%, in addition to the standard management fees.


Fig.4. So far, the fund has been quite successful to replicate the underlying bitcoin Future. Even if they rolled two times, they are still in pace with the underlying performance.



If the ETF will be particularly successful it will probably have to scoop up a lot of futures, pushing the term structure even more in contango, thus raising its own roll cost. This negative feeding loop can be mitigated via another class of investors, who will try to benefit from the excessive level of contango selling the future to buy the spot. This trade is a cash and carry trade, and we talked about it here. The buying force of the ETF share creation will push the future curve in contango, while the “cash&carry community” will push the curve back to a normal level. Eventually, the market will find an equilibrium where those two opposing forces will equate themselves.

Fig.5. CME Commitment of Traders


We see that the hedging community got a record short future position at BITO launch. This position is the result of the selling pressure on the future curve to counter the buying from BITO. BITO has to buy the future, while the hedging community sells the future against buying the underlying.
Of course probably someone is servicing this "whole package" to BITO:  they are selling futures to BITO while buying the physical underlying (Something BITO cannot do) and cashing in the cash and carry roll. 

For example this is the holding of BITO on a typical day:

Fig.6.BITO fund Holding on Nov, 29Fig.7.BITO fund Holding decomposition

As we see, BITO Is Holding 3803 front Month Contract, plus 1109 Back Month Contract. These 4,912 contract are equivalent to 24,560 BTC, as a single CME future controls 5 bitcoins. As on the same date, the BRR BTC index was @58,470, these BTC are equivalent to USD 1,436,023,200.

Fig.8 AUM is simply the NAV times the Outstanding Shares Number

From the BITO website we know that on the same November 29th, the NAV was at USD37.08 with 38,830,000 shares outstanding, with a AUM equivalent to 1,439,870,762.

As you can see, the futures in BITO account perfectly match the AUM exposure.
OF course, as the futures don't require to pay the whole premium, but only a percentage of this, into the BITO account there are also a number of cash instruments for liquidity management: these instruments are meant only to reinvest the cash portion of the ETF, not used to buy and margin the futures.

As we read on the prospectus:

Quote
  • Money Market Instruments — The Fund invests in short-term cash instruments that have a remaining maturity of 397 days or less and exhibit high quality credit profiles, for example:
    • U.S. Treasury Bills — U.S. government securities that have initial maturities of one year or less, and are supported by the full faith and credit of the U.S. government.
    • Repurchase Agreements — Contracts in which a seller of securities, usually U.S. government securities or other money market instruments, agrees to buy the securities back at a specified time and price. Repurchase agreements are primarily used by the Fund as a short-term investment vehicle for cash positions.

As you can see fund's assets (futures and other bonds) are pretty much aligned with fund liabilities (AUM). The funds actually tries to maintain those two numbers quite aligned, even if the market is taking a momentum, in one direction or the other:

Quote
The Fund does not take temporary defensive positions. The Fund will generally hold its bitcoin futures contracts during periods in which the value of bitcoin is flat or declining as well as during periods in which the value of bitcoin is rising.

In other words, BITO is a passive strategy.

At the moment we see that the Bitcoin ETF has chosen to better replicate the index price dynamics, using only the front-month futures to track the underlying price. This accuracy in replicating the index has the drawback of being more costly to execute, being exposed to greater roll costs. A different strategy implies using more distant futures on the curve trying to reduce rolling costs, with the drawback of a less precise tracking price.
 
As the fund grows bigger, the position held at the ETF can grow up to the limit imposed by the exchange itself. CME has already raised the limits once, and it’s difficult they are going to increase them again soon: at the moment the CME is allowing 4,000 contracts for the front month and 10,000 for the back months.

ProShares Seeks Waiver From CME for Position Limits on New Bitcoin Futures ETF: Report


Starting with the November front-month contract, the Chicago Mercantile Exchange (CME) will limit the number of futures a buyer can buy in the new ETF to 4,000, dropping to 2,000 three days before expiration. As each contract represents five bitcoin, total ownership is limited to 20,000 bitcoin.
To get around this limit, ProShares has already split its futures portfolio, with half in October and half in November.
CEO Michael Sapir told Barron’s that if the CME doesn’t grant the waiver, ProShares could shift assets into later-dated contracts, structured notes or swaps. Barron’s also noted that ProShares’ prospectus for the ETF says the fund could also invest in equities with crypto exposure.



Currently, Proshares is hedging their position not only with the front contract, but, as they have reached position limits, or very close to it, with  the back months. In case of the growth ok size he will have alternatively to buy other futures rolling up into the curve (sending it further up in contango) or resort to some other instruments, explicitly allowed in the term sheet as swaps, where they write a derivative with a counterparty to receive bitcoin appreciation.  As they are an actively managed ETF, they haven’t any regulatory constraint of which future expiry to hold, but as we saw, there is a tracking error holding longer-dated futures.

Fig.9. Futures Hedging. Rolling future Exposure

In above Fig. 5 you can see how BITO hedges their AUM. They buy the front month future until the position limit has been reached, they start buying the back month(s). When the front future expiry date nears, they start selling the front month while increasing back month positions, effectively "rolling" their exposure further down the curve.


As the funds’ holding is very well known amongst the public, competitors included, having a too big a position to roll in the last days before contract expiry, could expose BITO to liquidity issues, as other market participants could try to squeeze the rolls (making it artificially dear), knowing that BITO would be forced to roll the positions whatever the cost.


The success of BITO had a somewhat mixed effect on competition, on one hand, there are now three authorized futures-backed ETFs: Proshares Bitcoin Strategy FUND (BITO), Valkyrie Bitcoin Strategy Fund (BFD) and the newly authorized Vaneck Bitcoin Strategy (XBTF). The competition has already started grinding margins, with the latter ETF sporting a lower net expense ratio of 0.65%, compared to others’ 0.95%.
On the downside, BITO has been so successful that many issuers abandoned their plans to list a futures based ETF (take Bitwise, for example, who scrapped their Future Based ETF initiative a couple of Weeks after BITO launched), as BITO is seen cannibalizing the whole demand.
In fact, while the industry is seen to gather up to 10 BLN of AUM in the first year (equivalent to a cumulated fee in the 100 million USD ballpark), we have already seen in other countries like Canada, where Purpose Investment has a solid leadership, that there is a clear first comer advantage in this kind of instruments.
Probably now the battlefield is the physically-backed ETF, the future of which is still pretty much unclear, as the SEC is lagging behind, and refusing to provide authorisation. Bear in mind that many physically-backed ETF-like instruments are already being traded in Canada, Europe, Australia and elsewhere, so the SEC is actually holding back US investors from this investment possibility.

There is actually a huge demand for this kind of instrument, as many investors cannot touch the real things, be it for regulatory, compliance or investment mandate issues. Many investors might also be concerned by the fiscal, accounting and auditing issues of cryptocurrencies accounting into balance sheets. Not to mention all the technical and legal aspects tied to custody, either through self-custody or a professional custodian. For all these subjects a financial proxy like a physically-backed ETF would be a huge facilitator getting Bitcoin exposure..


As the subject is quite broad, I had to cut short a few details or aspects, please let me know in the post below if there's something else you would like to know in greater details.


Additional Resources:


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fillippone (OP)
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December 09, 2021, 11:42:17 PM
Last edit: May 15, 2023, 10:30:45 PM by fillippone
Merited by LFC_Bitcoin (5)
 #2

What about the contrarian?
How many naysayer use BITO to express their view?

Well, not so many, apparently:



Bear in mind that the amount of those short interest, or the amount of shares someone borrowed only to sell it, is quote reduced, even if we consider datas are released every week. We have seen that higher amount of short sellers can be detriment of basically any share.

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December 10, 2021, 03:27:16 PM
Last edit: May 15, 2023, 10:30:39 PM by fillippone
Merited by JayJuanGee (1)
 #3

My spy in the financial world sent me a good graph:



Here you can see how BITO fared against the BRR Index, which is the underlying of the CME futures.
The fund lost 27.97% against the bitcoin losing 22.12%, with a Dow performance of -5.85%.

On a side note, I added the BTCE in USD, that lost 1.24% only.

Why the difference? The contango, or the cost of rolling the position.

Once again, future ETF are a nonsense.

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December 11, 2021, 11:00:28 AM
Merited by JayJuanGee (2)
 #4

As I understand it, ETFs are similar to mutual funds. Except ETFs offer greater tax savings.

Some in the united states have recently proposed closing this avenue of tax savings.

Quote
Democratic plan would close tax break on exchange-traded funds

September 16 2021

Senate Finance Committee Chairman Ron Wyden, D-Ore., has floated a new levy on exchange-traded funds to help pay for the Democrats' $3.5 trillion budget package.

Exchange-traded funds, or ETFs, are baskets of assets — such as stocks or bonds — and can be bought or sold throughout the day like stock. While everyday investors don't directly own the shares, a fund manager may buy or sell the underlying assets to financial institutions.

Regular investors typically avoid taxes while owning the fund because financial institutions can swap the underlying assets for others, known as an "in-kind" trade, which doesn't trigger capital gains.

Wyden has called for ending the tax break for these in-kind transactions, according to the proposal, which may affect all investors across the $6.8 trillion U.S. exchange-traded fund industry.

The plan aims to crack down on the financial institutions that bypass capital gains taxes.

https://www.msn.com/en-us/money/markets/democratic-plan-would-close-tax-break-on-exchange-traded-funds/ar-AAOwqNf


If these laws are passed tax savings from ETFs would disappear, and we probably wouldn't have as many proposals for crypto based ETFs in the USA.
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December 12, 2021, 05:15:10 PM
 #5


If these laws are passed tax savings from ETFs would disappear, and we probably wouldn't have as many proposals for crypto based ETFs in the USA.


I am not an accountant buy it doesn't make any sense to me: either capital gains are taxed at institutional level, taxing capital gains when the ETF realizes them, or they are taxed at investors level, when the investor realizes capital gains selling their ETF. It cannot happen at both levels!

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December 28, 2021, 08:26:39 AM
Last edit: May 15, 2023, 10:24:16 PM by fillippone
Merited by JayJuanGee (1)
 #6

Bito has just started rolling their future position from DEC to JAN:



They sold the first batch of 950 DC contracts, buying at the same time the JAN expiry.




Soon, they will need to open FEB positions too.

It's going to be an interesting roll this one, given the concurrent End of YEar (a period with usually less liquidity than usual) and a very big option expiry with more than 6B of Open Interest overall in the Street.




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December 29, 2021, 01:11:06 PM
Merited by fillippone (3)
 #7


If these laws are passed tax savings from ETFs would disappear, and we probably wouldn't have as many proposals for crypto based ETFs in the USA.


I am not an accountant buy it doesn't make any sense to me: either capital gains are taxed at institutional level, taxing capital gains when the ETF realizes them, or they are taxed at investors level, when the investor realizes capital gains selling their ETF. It cannot happen at both levels!

I am no accountant either, even I did study some basic accounting 100 years ago, but that seems perfectly possible. For example, any company that has an economic activity will be usually taxed at many levels: salaries will require a contribution to Social Security and other systems, profits will be taxed at whatever rate is in place and then the dividends will be taxed on the receivers as capital gains. An ETF that represents and economic activity may follow a similar structure I would say.

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December 29, 2021, 11:13:45 PM
Merited by JayJuanGee (3)
 #8

Something strange happened today.
I was updating (yes, I still manually updated this spreadsheet, as I am not able to scrap the website for the moment), the fund holdings.
I noticed that the futures under custody dropped from a total of 5,048 to 4,368. This is a gap of 680 lots or 3,400 BTC.
I immediately checked the outstanding shares and I saw the ETF actually created 200K shares.
This means I would have expected an increase of the futures used to hedge, not a decrease.
This means that they are actually short the spot market.
Weird.

I sent an email to their support, asking for clarifications.
I will keep you updated!


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December 30, 2021, 11:17:19 PM
Last edit: May 15, 2023, 10:23:46 PM by fillippone
Merited by JayJuanGee (2)
 #9

My email didn't get any answer so far, but I see that future hedges are back to a normal level.

Bito is now holding 5,060 futures, just ahead of their first roll into February futures.
The strange thing is that, despite the massive roll, the futures curve is extremely flat:



Actually, the first future is in a slight backwardation versus spot.

The bleed index, or the cost of rolling future position, is back to zero: this allows BITO to be super-efficient at rolling their positions:



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February 07, 2022, 08:20:07 PM
Merited by fillippone (3), JayJuanGee (1)
 #10

Dude, there should be way to be able to subscribe for such threads. You deserve every single merit you earned!
I'll have something to read in my free time (I don't even remember what free time actually means but anyway, hopefully sometime this year lol).
Make a table of content with all the "Everything you wanted to know and were afraid to ask" threads, please Smiley

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February 07, 2022, 10:01:33 PM
Merited by LFC_Bitcoin (3)
 #11

Dude, there should be way to be able to subscribe for such threads. You deserve every single merit you earned!
I'll have something to read in my free time (I don't even remember what free time actually means but anyway, hopefully sometime this year lol).
Make a table of content with all the "Everything you wanted to know and were afraid to ask" threads, please Smiley


I have one of those table.  Do you think it would be useful?
If you want to know something about something (pun intended) you would easily discover my thread.
I find it hard that you want to discover everything on the Volcano bond because I wrote a thread about this!

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February 09, 2022, 11:30:08 PM
Last edit: May 15, 2023, 05:27:34 PM by fillippone
Merited by JayJuanGee (2)
 #12

A little update on our mutual Futures Based Friend.

They are running hot.

Their share count is at maximum since inception.




Of course their AUM in Dollar terms is quite depressed, as the value per single bitcoin has somewhat decreased.

Their NAV has however being lagging since launch the underlying BRR Index.

Whey weren't able to fully replicate they are looking at.



The BTC line is the orange on the above graph, while the blue line is the theoretical price without the management fees, who in theory should be a "mere" 2% per annum.

 The green light represent the NAV of the fund. We see that they are lagging the future based index because their strategy of using future is quite a dangerous and risky .
So the more the curve is flat, the more buying spot and selling future is profitable.

On the other side it happens the curve is flat:



You see the contango is at the lower band hence the arbitrage community will have little incentive to play their part selling the future.

For these reasons was surprised to see the curve so flat, given the amount of the buying in the ETF, I would have expected to see more contango,  and again more sellers in the future vs buying in the spot.

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February 23, 2022, 07:10:05 PM
Last edit: May 15, 2023, 01:57:35 PM by fillippone
Merited by JayJuanGee (1)
 #13

Future expiry has been nearing and BITO is already rolling their positions. February CME future will expiry on February 25, so they started selling against March, and as they are nearing the 4,000 contracts limit, they will soon roll into April.



Well, even if their open interest position is at historical maximum (5,486 futures equivalent to 27,430 contacts), they have been quite efficient, and the current future curve is also in tiny backwardation!



The annualised contango is at 2%, which is a very low number for a date so close to the future roll. Also the Bleed index, measuring the cost to roll a position between the second and third  future, is close to historical lows, and particularly low just before a future roll:



I will put in the to-do list how the bleed evolves into and after a roll.




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March 18, 2022, 05:19:42 PM
Last edit: May 15, 2023, 01:30:39 PM by fillippone
Merited by LFC_Bitcoin (3), JayJuanGee (1)
 #14

In the meantime BITO is slowly grinding share issuance, and broke new records:



Shares are at historical maximum. Of course AUM is lagging behind due to BTC trading at lower level compared to issuance.
But they are accumulating dry powder.
Role positions are consequently at historical maximum: they have almost 5550 lots in position, controlling a record  27,720 bitcoins.

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April 06, 2022, 10:33:06 PM
Last edit: May 15, 2023, 01:16:31 PM by fillippone
Merited by JayJuanGee (1)
 #15

The sec is heating up the competition in the Future Based ETF, admitting a new fund:



Also there's an insight that, given the looser regulation, the Graal of a Spot ETF approval might happen sooner that later.

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April 12, 2022, 08:28:44 AM
Last edit: May 15, 2023, 01:08:45 PM by fillippone
Merited by JayJuanGee (1)
 #16

Eric Balchunas drops another good one:



The demand is out there, the sec just needs to open the doors to it.
Until then, there will be an inferior service to investors, who will need to buy inferior ways to obtain bitcoin exposure.


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April 24, 2022, 09:01:49 AM
Last edit: May 15, 2023, 01:01:28 PM by fillippone
Merited by JayJuanGee (1)
 #17

Eric Balchunas, the senior ETF analyst at Bloomberg, just published a very interesting article on how the Tectium ETF approval put some pressure on the SEC.
Here you can find the whole article, slightly edited to remove some links to Bloomberg proprietary functionalities.

Quote
Sec Case against Spot Bitcoin ETFs Weakened by Teucrium Approval

The SEC appears to have undermined its argument against spot Bitcoin ETFs by approving Teucrium's futures fund for the cryptocurrency, while strengthening a potential Grayscale lawsuit. The new ETF deviated from the path previously required by SEC Chairman Gary Gensler, instead navigating the same process as spot Bitcoin peers. (04/22/22)

1. Investor-Protections Argument Skirted by Teucrium

Contributing Analysts Eric Balchunas

Statement
"Subsequently, we’ve started to see filings under the Investment Company Act with regard to exchange-traded funds (ETFs) seeking to invest in CME-traded bitcoin futures. When combined with the other federal securities laws, the ’40 Act provides significant investor protections for mutual funds and ETFs. I look forward to staff’s review of such filings."
Gary Gensler - SEC Chairman, Securities & Exchange Commission
SEC.Gov, Sept. 29, 2021
Click to view entire statement<http://ds.prod.bloomberg.com/%7B%20%3CGO%3E%7D>

The approval of Teucrium's fund, which was filed under the 1933 Securities Act, appears to us to have undermined the SEC's argument against spot Bitcoin ETFs. The U.S. Bitcoin futures ETFs approved in October were submitted under the Investment Company Act of 1940. SEC Chairman Gary Gensler said on Aug. 3 that he expected Bitcoin ETFs to be filed under the 1940 Act, citing its superior investor protections. "Given these important protections, I look forward to the staff's review of such filings, particularly if those are limited to these CME-traded Bitcoin futures," Gensler said. He reiterated his stance on Sept. 29.

By approving Teucrium's ETF, we believe the SEC can no longer lean on the 1940 Act's investor protections as a reason to deny spot Bitcoin ETFs. (04/22/22)


2. Teucrium & Hashdex Partnership Benefits Both Teucrium Partnered With Hashdex; Ticker Source: Bloomberg Intelligence

Teucrium's partnership with Hashdex may help differentiate the new ETF in an increasingly crowded market. The Hashdex Bitcoin Futures ETF (DEFI), renamed from the Teucrium Bitcoin Futures Fund, could benefit from its association with Hashdex's crypto-focused brand while giving the Brazil-based issuer entry into the U.S. ETF ecosystem. Hashdex already has five digital-asset or crypto ETFs with almost $500 million combined.




The new ETF will track a benchmark based on Bitcoin front- and second-month futures contracts, according to Teucrium's updated SEC filing. (04/22/22)


3. Approval Likely for Another Valkyrie Bitcoin ETF

Valkyrie also has a Bitcoin Futures ETF filed under the 19b-4 process that's due for an SEC decision by May 7. The Valkryrie XBTO Bitcoin Futures Fund will almost certainly be approved in the wake of Teucrium's approval, but Valkyrie already has an active Bitcoin futures ETF (BTF) with $43 million in assets. Valkyrie could partner with another issuer or crypto company for the new ETF or try to differentiate it from BTF, perhaps through exposure beyond front-month futures, increased leverage or an ESG tilt. (04/22/22)
Recent 19b-4 Applications; Valkyrie is Next


Source: Bloomberg Intelligence


4. Grayscale Argument Strengthened by Teucrium OK Company Filing

"The (SEC) has no basis for the position that investing in the derivatives market for an asset is acceptable for investors while investing in the asset itself is not. ...The only logical explanation for the curious inconsistency afforded these competing products is a bureaucratic artifact. ...The standard for approving the listing of spot Bitcoin ETPs is arbitrary and, in practice, impossible to meet. ...The Rule 19b-4 framework is so ill-defined and unachievable as to be arbitrary. ...The Exchange Act and the APA require the Commission to treat BTC similarly to Bitcoin futures ETPs."
Law Firm, Davis Polk & Wardwell LLP
SEC.Gov, Nov. 29, 2021

The SEC's approval of Bitcoin futures ETFs under the 19b-4 process may bolster Grayscale's argument that a denial of its request to convert the Grayscale Bitcoin Trust (GBTC) to an ETF would violate the Administrative Procedure Act. As part of its own 19b-4 filing, Grayscale and its lawyers at Davis Polk say the SEC's stance -- favoring investment in Bitcoin futures rather than the underlying asset -- violates the APA, which requires federal agencies to treat similar situations alike, absent a rational basis for differing assessments.

We agree with Grayscale that the SEC's position appears inconsistent. Yet the agency is unlikely to consider that argument when deciding on the GBTC filing in July. (04/22/22)

5. CME Price an Aggregate of Spot Exchanges

CME Bitcoin Reference Rate Constituent List


Source: CFBenchmarks

The SEC's distinction between Bitcoin's spot and futures pricing appears arbitrary to us. The Bitcoin Reference Rate used to determine the value of CME Bitcoin futures is a calculation based on prices from five spot exchanges for the cryptocurrency -- the very venues and markets the SEC deems prone to fraud and market manipulation. The proposed spot Bitcoin ETFs would be tied to similar aggregated valuation methodologies from diverse exchanges to prevent erroneous data or manipulation from affecting pricing assessments. (04/22/22)

6. Regulation or Surveillance Agreements Needed

Government Filing
"As explained above, for bitcoin-based ETPs, the Commission has consistently required that the listing exchange have a comprehensive surveillance-sharing agreement with a regulated market of significant size related to bitcoin, or demonstrate that other means to prevent fraudulent and manipulative acts and practices are sufficient to justify dispensing with the requisite surveillance-sharing agreement. The listing exchange has not met that requirement here. "
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 46, click to view entire filing

No spot Bitcoin ETF is likely to be approved by the SEC without new rules, regulation of crypto exchanges or surveillance agreements with those exchanges. The term "Surveillance-Sharing Agreement" appears at least 40 times in SEC 19b-4 letters denying Spot Bitcoin ETF applications. Agreements with a handful of the largest crypto exchanges might satisfy the SEC, but setting them up would be a daunting task. It's more likely that a market of significant size will have to come under a regulatory framework with the SEC or CFTC. A filer also might gain approval if it can convince the SEC that the CME futures market is "of significant size."

The 19b-4 rule-change process is part of the Securities Exchange Act of 1934, which included anti-fraud provisions aimed at preventing market manipulation. (04/22/22)


7. CME Futures Market Falls Short for SEC

Government Filing
"The Commission accordingly concludes that the information provided in the record does not establish a reasonable likelihood that a would-be manipulator of the proposed ETP would have to trade on the CME bitcoin futures market to successfully manipulate the proposed ETP. Therefore, the information in the record also does not establish that the CME bitcoin futures market is a `market of significant size' with respect to the proposed ETP."
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 35, click to view entire filing

Cboe, NYSE and issuers have argued in multiple spot Bitcoin ETF applications that the CME Bitcoin futures market is meaningfully large and regulated by the CFTC, satisfying the SEC's surveillance criteria. The SEC has repeatedly rejected this notion, saying actors could manipulate the spot Bitcoin market without trading CME futures or affecting them. Yet the two markets are intertwined: Manipulating spot prices would affect futures.

We believe the recent approval of Teucrium's Bitcoin futures ETF, a 1933 Act fund that went through the same 19b-4 process as spot Bitcoin ETFs, further weakens the SEC's argument. (04/22/22)

8. SEC Remains Unmoved by Inferior Bitcoin Options

Government Filing
"The Commission disagrees with the premise of the Exchange’s argument. The proposed rule change does not relate to a product regulated under the 1940 Act, nor does it relate to the same underlying holdings as the Bitcoin Futures ETFs. The Commission considers the proposed rule change on its own merits and under the standards applicable to it."
SEC - Division of Trading and Markets
SEC.Gov, Nov. 12, 2021
Quote located on page 50, click to view entire filing

The SEC's stated focus is on protecting investors, but its rejection of spot Bitcoin ETFs is limiting access and leaving the market with inferior options -- futures ETFs, whose roll costs can exceed 10% a year, or the Grayscale Bitcoin Trust (GBTC), which has the potential for large premiums and discounts. Grayscale cites the latter as a reason to permit GBTC to convert into an ETF. Issuers have frequently noted the "inconsistency" of the SEC's approach in filings: It's allowing a derivative of an asset to be in an ETF wrapper but not the asset itself.

The SEC has repeatedly dismissed these objections, saying 19b-4 review is a stand-alone process. (04/22/22)
Spot Bitcoin ETF in U.S. Could Double Crypto-Fund Assets by 2028

Flows into cryptocurrency funds will likely accelerate if a U.S.-listed spot Bitcoin ETF is approved by the end of 2023, as we expect. With greater regulatory clarity from the SEC, the sector's global assets could more than double to $120 billion within five years as crypto funds tap into the $26 trillion controlled by U.S. advisers. (03/30/22)

9. Crypto Funds Could Tap Billions From Advisers

Global Crypto Fund Assets to Double by 2028


Source: Bloomberg Intelligence
Exhibit<http://ds.prod.bloomberg.com/%7BAVAT%20385701823%3CGO%3E%7D>

U.S. advisers could add tens of billions of dollars to publicly listed crypto-fund assets in the first few years after a spot Bitcoin ETF is approved by the SEC. Only a small minority of advisers have exposure to crypto, and most of them allocate 1% or less. U.S. advisers control about $26 trillion, Cerulli Associates estimates. If advisers overseeing about half of that money shift just 0.1% to digital assets, that would total $13 billion.

Global crypto-fund assets could top $120 billion within five years of U.S. spot ETF approval, we believe, even without massive price gains. (03/30/22)

10. Regulatory Risk, Uncertainty Reasons for Holdup

Regulatory concern is the No. 1 reason advisers haven't invested in crypto assets, according to a 2022 survey by Bitwise -- an objection that could be addressed by SEC approval of a Bitcoin ETF. So far, the SEC has regulated the crypto industry through enforcement. Regulatory clarity should improve in the next few years due to President Joe Biden's executive order and pending SEC rule expansions, helping to fuel the growth of crypto funds.

Advisers want access to crypto within the traditional finance rails, the survey showed. The fourth most common reason for not investing in crypto was the lack of easily accessible investment vehicles, such as ETFs or mutual funds. The top choice for investing in Bitcoin was a spot Bitcoin ETF, with direct ownership of coins a distant second. (03/30/22)

Adviser Survey Results on Crypto Asset Investing

Source: Bitwise Asset Management

11. International Crypto Funds Drive Growth

Global Public Crypto Funds Expand Beyond 100


Source: Bloomberg Intelligence

The number of publicly listed cryptocurrency funds -- mostly tracking Bitcoin and Ethereum -- should sustain the rapid growth of the past two years through 2022 and into 2023 as more countries allow the launch of spot products and regulators get more comfortable with digital assets. We estimate at least 107 crypto funds with 119 share classes are listed on public exchanges globally, including ETFs, CEFs, mutual funds and trusts such as Grayscale's. The pickup in launches shows that issuers see potential for growth in assets and revenue.

With no spot option in the U.S., investors seeking crypto exposure are left with futures ETFs that incur roll costs and trusts that trade away from their underlying values. (03/30/22)

12. Thematic ETFs Provide Alternate Route

Thematic Equity Blockchain & Crypto ETF Assets

Source: Bloomberg Intelligence

Fifteen blockchain- or crypto-themed equity ETFs trade on U.S. exchanges, up from four in March 2021, while sector assets have leveled off at $1.9 billion. We expect the number of funds to increase slightly alongside assets in 2022, with Schwab the next issuer to launch as the SEC withholds approval of spot Bitcoin ETFs. The themed ETFs offer SEC-approved exposure to crypto markets to investors who prefer to avoid futures. They also provide diversification and alleviate perceived regulatory risks associated with direct crypto investment.

The Amplify Transformational Data Sharing ETF (BLOK) is by far the largest of the group at more than $1 billion in assets. (03/30/22)

13. U.S. Dominates Crypto Fund Assets Without Spot ETF

Public Crypto Fund Assets by Country of Listing


Source: Bloomberg Intelligence

The U.S. has a 75% market share by value for publicly listed crypto funds, primarily due to the Grayscale Bitcoin Trust (GBTC). That's despite the lack of an SEC-approved spot Bitcoin ETF, which would likely take in billions of dollars within days of launching. Global assets sit at about $61 billion, down from a peak of almost $80 billion in November. We expect sector assets to rise absent a price collapse, given inflows have remained somewhat steady, even amid poor performance.

Approval of a spot Bitcoin ETF, though unlikely in 2022, would be a significant catalyst for the sector's asset growth. (03/30/22)

14. Bitcoin and Ethereum Funds Are 93% of Crypto Fund Assets

Contributing Analysts Eric Balchunas
(03/30/22)

Publicly Listed Crypto Funds by Asset Exposure


Source: Bloomberg Intelligence




This is a very interesting article, giving the reader a deep technical understanding, both from a legal, and a practically viewpoint, on how the SEC has eventually to approve.

For the less technical readers, here a meme explaining the same concept with a single image:







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April 25, 2022, 09:23:14 AM
Merited by fillippone (3), Mr.right85 (3), JayJuanGee (2)
 #18

The SEC appears to have undermined its argument against spot Bitcoin ETFs by approving Teucrium's futures fund for the cryptocurrency, while strengthening a potential Grayscale lawsuit. The new ETF deviated from the path previously required by SEC Chairman Gary Gensler, instead navigating the same process as spot Bitcoin peers.

The SEC has always pushed back against so-called spot crypto ETFs due to concerns that the coins trade on unregulated platforms where surveillance is difficult and manipulation might be a consistent problem. It has approved ETFs holding crypto futures, but those products trade on platforms that are overseen by US financial regulators. With no spot option in the U.S., investors seeking crypto exposure are left with futures ETFs that incur roll costs and trusts that trade away from their underlying values. The standard for approving the listing of spot Bitcoin ETPs is arbitrary and, in practice, impossible to meet.

But the  U.S. Securities and Exchange Commission (SEC) approval of a bitcoin futures ETF for Teucrium Futures Fund based on a different set of laws, giving investors hope about the possibility of an approved spot bitcoin ETF. This is because unlike existing Bitcoin futures ETFs, the Teucrium fund was filed under the Securities Act of 1933, rather than the Investment Company Act of 1940 which offers greater investor protection than the 1930s law. It is a good news for the bitcoin community because  a physically backed Bitcoin ETF -- a structure the SEC has repeatedly denied -- would fall under the 1933 act, approving the Teucrium fund could be a needed step to a spot ETF.

The SEC has always insisted that its main aim is to protect investors investors, but its rejection of spot Bitcoin ETFs is limiting access and leaving the market with inferior options -- futures ETFs, whose roll costs can exceed 10% a year. U.S. Approval of a spot Bitcoin ETF, though unlikely in 2022, would be a significant catalyst for the sector's asset growth. Financial analyst has predicted that It could add tens of billions of dollars to publicly listed crypto-fund assets in the first few years.

https://bitcointalk.org/index.php?topic=5374644.msg59954742#msg59954742
https://www.ft.com/content/b794ffbe-410a-4293-a45e-82ce019dfdf9
https://www.bloombergquint.com/markets/wonky-sec-ruling-reignites-spot-u-s-bitcoin-etf-approval-debate



Having stayed out of the crypto evolution for the past two years, investors in Australia are warming up to the idea of these digital assets. Australian Financial Review reported that Cosmos Asset Management’s Bitcoin ETF, the first Australian bitcoin exchange-traded fund, will be listed on the Cboe equities trading platform this week. Experts have estimated that when the ETF goes live in Australia it will allow $1 billion in inflows. Australia have no option, it must join that bitcoin ETF bandwagon because it is coming with so much love, freedom and financial prosperity. This map is a clear indication that a spot bitcoin ETF cannot be prevented because it is the future of the global financial system.


https://www.coindesk.com/business/2022/04/19/australias-first-bitcoin-etf-to-be-listed-next-week-report/
https://www.ndtv.com/business/australia-set-to-launch-its-first-bitcoin-etf-next-week-2913478





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April 25, 2022, 10:22:17 AM
Merited by JayJuanGee (1)
 #19

I was lingering to ask this but I’m too afraid, Why would SEC approved future based ETF if they know how volatile the Bitcoin regardless if it’s just virtual trading while they are completely against Spot ETF while the price still derives from the Bitcoin market price. I knew that there’s a delay on Bitcoin price when it comes too future based ETF but still it’s Bitcoin that they are afraid of when approving the Spot ETF.

That is an excellent question, and I actually realised I didn't provide an explanation for that.

Proshares “forced” the SEC to approve their ETF as it was only a repackaging of a product that had been approved since a few years by their “mirror agency” the CFTC. And if a product is good for the CFTC it would be difficult for the SEC to deny it.

Gary Gensler explain it quite clearly in an interview:

Quote

What you have here is a product that’s been overseen for four years by a U.S. federal regulator, the CFTC, and that’s being wrapped inside of something that’s within our jurisdiction called the Investment Company Act of 1940. So, we have some ability to bring it inside of investor protection.


You can read the full interview here:

Gary Gensler Explains Why SEC Approves a Bitcoin Futures ETF

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April 26, 2022, 03:35:31 AM
Merited by fillippone (3)
 #20

I was lingering to ask this but I’m too afraid, Why would SEC approved future based ETF if they know how volatile the Bitcoin regardless if it’s just virtual trading while they are completely against Spot ETF while the price still derives from the Bitcoin market price. I knew that there’s a delay on Bitcoin price when it comes too future based ETF but still it’s Bitcoin that they are afraid of when approving the Spot ETF.

U.S. SEC's fear is not about the volatility of bitcoin but the tendency of using it to perpetuate money laundering, fraud and other financial crime. SEC doesn't insure or protect bitcoin investors against loss caused by its volatile tendencies. Also, SEC wants to protect US investors from loosing their investment due to hacking and other fraudulent activities that could compromise the security of unregulated systems. SEC Chairman Gary Gensler stated that: "what we’re trying to do is ensure to the best we can within our authorities to bring projects into the investor protection perimeter".  In summary the SEC is saying we might not be able to control bitcoin's volatility but with can oversee bitcoin transactions using the Investment Company Act of 1940.

https://news.bitcoin.com/gary-gensler-explains-why-sec-approves-bitcoin-futures-etf/

Pymnts.com gave a brief but comprehensive reason for SEC's decision, which states that "the SEC approved ETFs holding crypto futures because these products trade on platforms that are overseen by U.S. financial regulators, but spot crypto ETFs raise concerns because the digital assets trade on unregulated platforms where surveillance is difficult". 

https://www.pymnts.com/blockchain/bitcoin/2022/pressure-on-sec-to-approve-first-bitcoin-etf-ratchets-up/




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