Crypto ETFs Get Green Light for Bitcoin Swaps Over Cash
Published Date: 2/14/2025
Notice
Summary
Cboe BZX Exchange wants to update two popular crypto ETFs—the ARK 21Shares Bitcoin ETF and the 21Shares Core Ethereum ETF—so investors can trade shares by swapping actual crypto assets instead of cash. This change makes buying and selling smoother and could save money on fees. The new rules are under review now, and if approved, they’ll start soon, helping crypto fans trade smarter and faster.
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Crypto ETFs Allow In-Kind Trades
The ARK 21Shares Bitcoin ETF and the 21Shares Core Ethereum ETF would be allowed to create and redeem shares by delivering the underlying crypto (bitcoin or ether) in-kind instead of only using cash. The proposal (filed January 27, 2025 and amended February 5 and February 7, 2025) specifies Creation Baskets of 5,000 shares for the Bitcoin trust and 10,000 shares for the Ethereum trust; the SEC will act within 45 days of the Federal Register publication (February 14, 2025) or up to 90 days, and comments are due March 7, 2025.
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Key Dates
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Related Federal Register Documents
2026-17183, Regulation Crypto Assets
The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."
2026-12163, The Trade-Through Rule and Locked and Crossed Markets Provisions of Regulation NMS
The SEC wants to scrap some old rules that stop stocks from being traded at worse prices and prevent confusing market quotes. This change affects stock traders and exchanges, aiming to simplify trading and possibly speed things up. If you want to share your thoughts, you’ve got until August 17, 2026, so don’t miss out!
2026-10373, Registered Offering Reform
The SEC wants to make it easier and cheaper for more companies to sell their stocks and bonds to the public. They’re opening up special forms and benefits to more businesses, updating rules to be more modern, and cutting red tape by overriding some state rules. If you’re a company planning to raise money, these changes could speed things up and save you money, with feedback due by July 27, 2026.
2026-10222, Enhancement of Emerging Growth Company Accommodations and Simplification of Filer Status for Reporting Companies
The SEC is making it easier for companies that report their finances by simplifying their categories into just two groups: big and small filers. Smaller companies, including emerging growth ones, will get more time to file reports and enjoy simpler rules, while big companies keep stricter standards. These changes aim to save time and money, with feedback open until July 20, 2026.
2026-07651, Concept Release on Consolidated Audit Trail and Other Audit Trails and Data Sources
The SEC wants your thoughts on how it tracks stock market trades using the Consolidated Audit Trail and other data tools. They’re thinking about updating rules to keep up with new tech, privacy, and security needs, and to make sure the system is fair and cost-effective. If you’re involved in the stock market or data tracking, speak up by June 22, 2026!
2026-17058, Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Connectivity Schedule and Discontinue a Previously Proposed Offering
Previous / Next Documents
Previous: 2025-02617, Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Order Approving Proposed Rule Change To Assume Operational Responsibility for Litigating Contested Disciplinary Proceedings Arising Out of Nasdaq-Led Investigations and Enforcement Activities and Amend Rules 9131 and 9810 (the Nasdaq Discipline Rules) To Grant Nasdaq Regulation the Same Authority as FINRA in Contested Disciplinary Proceedings To Serve Complaints and Memoranda of Authority
Nasdaq is taking charge of handling certain tough disciplinary cases that FINRA used to manage, giving Nasdaq Regulation the same power as FINRA to serve complaints and legal documents. This change affects anyone involved in Nasdaq investigations and enforcement, making the process smoother and more direct. The new rules kick in soon, with no extra costs announced, aiming for faster and clearer discipline actions.
Next: 2025-02620, Order Granting Exemptive Relief, Pursuant to Section 36(a)(1) and Rule 608(e) of the Securities Exchange Act of 1934, From Certain Provisions of Section 6.4(d)(ii)(C) and Appendix D, Sections 9.1, 9.2 and 9.4 of the National Market System Plan Governing the Consolidated Audit Trail
The SEC is giving some national stock exchanges and trading groups a break from certain rules in the big plan that tracks all stock trades (called the Consolidated Audit Trail or CAT). This change helps them adjust how they share and manage trade data without messing up the system. The update starts now and won’t cost extra money but makes the process smoother and smarter for everyone involved.