Crypto Swaps Now OK for Bitcoin and Ether ETFs
Published Date: 8/1/2025
Notice
Summary
Big news for folks investing in Bitcoin and Ether ETFs! The Nasdaq, Cboe BZX, and NYSE Arca exchanges just got the green light to let certain crypto trust shares be created and redeemed 'in-kind'—meaning investors can swap actual crypto instead of cash. This change speeds up trading and could save money, starting right away for several popular crypto funds.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
In‑Kind Creation/Redemption Allowed
On July 29, 2025 the SEC approved allowing certain bitcoin- and ether-based Commodity-Based Trust Shares listed on Nasdaq, Cboe BZX, and NYSE Arca to create and redeem shares in-kind using spot bitcoin or spot ether instead of only cash. The order says this gives the trusts an additional method to transact with authorized participants and may enhance tax efficiencies and minimize transaction costs.
Which Funds Can Use In‑Kind Trades
The approval applies specifically to named bitcoin and ether Commodity-Based Trust Shares listed on Nasdaq, Cboe BZX, and NYSE Arca. Affected funds include (among others) iShares Bitcoin Trust and iShares Ethereum Trust (Nasdaq); ARK 21Shares Bitcoin ETF, 21Shares Core Ethereum ETF, Fidelity Wise Origin Bitcoin Fund, Fidelity Ethereum Fund, VanEck Bitcoin ETF, VanEck Ethereum ETF, WisdomTree Bitcoin Fund, Invesco Galaxy Bitcoin ETF, Invesco Galaxy Ethereum ETF, Franklin Bitcoin ETF, Franklin Ethereum ETF, Franklin Crypto Index ETF (BZX); and Bitwise Bitcoin ETF Trust and Bitwise Ethereum ETF (NYSE Arca).
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Key Dates
Department and Agencies
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!
2026-17203, Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Its Fees Schedule in Connection With Binary Options That Overlie the Mini-S&P 500 Index
Cboe Exchange is updating its fees for binary options tied to the Mini-S&P 500 Index, called XSP binary options. They’re adding standard transaction fees and removing these options from some special fee programs. These changes took effect right away on August 12, 2026, and will impact traders using these specific options.
Previous / Next Documents
Previous: 2025-14542, Self-Regulatory Organizations; Nasdaq ISE LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Permit the Trading of FLEX Options on Shares of the iShares Bitcoin Trust ETF
Nasdaq ISE just got the green light to let traders buy and sell FLEX options on the iShares Bitcoin Trust ETF, giving investors more ways to play with Bitcoin-linked shares. This change affects anyone trading these options and could open up new strategies starting soon, with no extra fees announced. It’s a fresh, flexible way to invest in Bitcoin through the stock market!
Next: 2025-14544, Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a Proposed Rule Change To Permit the Trading of FLEX Options on Shares of the iShares Bitcoin Trust ETF
The SEC just gave the green light for Nasdaq PHLX to let traders buy and sell FLEX options on the iShares Bitcoin Trust ETF. This means investors can now trade flexible, customizable options on Bitcoin shares, with both cash and physical settlement choices. The change kicks in soon, opening new ways to invest and manage risk in the Bitcoin market.