The first three bitcoin ETFs (exchange-traded funds) became available in the U.S. in October and November of 2021. All three are tied to bitcoin futures contracts; they aren’t tied to bitcoin’s daily market price.
Bitcoin spot ETFs have existed in Canada and Europe for years, and there are several applications for spot ETFs in the U.S., but the Securities and Exchange Commission (SEC), which regulates financial markets, has not yet approved them here.
Keep reading to learn more about the advantages of a bitcoin-based ETF, the controversy in bringing these new funds to market, and whether bitcoin futures ETFs might suit your investment strategy.
Why a Bitcoin ETF?
In order to understand the evolution of the first bitcoin ETFs, it’s important to grasp the significant changes crypto has brought to the field of finance.
Ever since the launch of Bitcoin in 2009 as the world’s first decentralized, digital currency, investors’ appetite for cryptocurrency has only grown. And no wonder: In just over a dozen years, the market has gone from a single coin to thousands of alt coins, tokens, and blockchain platforms that promise to revolutionize everything from our monetary systems to supply chains, art, and more. As of December 6, 2021, the total market capitalization of all cryptocurrencies was about $3 trillion, with no signs of slowing.
For some crypto speculators, the rewards have outweighed the potential downsides of this highly volatile market. But for many retail investors, putting their money into coins and exchanges that are largely unregulated has seemed fraught with risk.
Recommended: What Is Bitcoin and How Does It Work?
Buying bitcoin or any form of crypto has also presented challenges to by-the-book investors, who need to embrace new skills in order to execute even a basic crypto trade — from setting up a crypto wallet to understanding how to use and store public and private keys. As many readers know, investors who lose the private keys that give them access to their crypto assets essentially lose those assets. By some estimates, as much as 20% of bitcoin has been lost due to investors losing those all-important keys.
Thus, the idea of creating more traditional investments like bitcoin ETFs was appealing on many levels. A bitcoin ETF offered a way to give investors exposure to the world’s oldest and biggest cryptocurrency, while mitigating some of the potential risks and logistical challenges of buying and owning crypto. And bitcoin ETFs and mutual funds could be traded from standard brokerage accounts.
So why has it been so complicated to launch a bitcoin ETF?
Bitcoin ETFs: The History
Before an ETF can be listed on a U.S. exchange, it must be approved by the SEC. Thus far, however, the regulatory agency has taken a firm stand against bitcoin and other crypto-related funds because bitcoin, being unregulated itself and traded on exchanges that are largely unregulated as well, can be susceptible to fraud and manipulation.
Crypto entrepreneurs Cameron and Tyler Winklevoss, known for their Gemini digital currency exchange (among other things), were among the first to petition to launch a bitcoin ETF, but it was rejected owing to bitcoin’s potential vulnerabilities. In its 2017 denial of the petition, the SEC wrote: “Based on the record before it, the Commission believes that the significant markets for bitcoin are unregulated.”
Crypto as currency, security, or commodity?
The approval of crypto-related funds was further hampered by a debate over how cryptocurrencies should be categorized — a question that would determine how the market was regulated. Although most crypto are referred to as currencies, in fact cryptocurrencies aren’t widely used as legal tender to pay for goods or services (although that seems to be changing).
In a statement by SEC chair Gary Gensler in September 2021, he indicated that many types of crypto should be considered securities, raising concerns in the industry about the level of oversight that could follow, given that securities are regulated by the SEC.
Bitcoin and Ethereum, however, are among those considered to be commodities. Given that commodity markets are generally not as closely regulated as securities — which are subject to rules on price transparency, as well as higher standards for reporting, and market abuse oversight — some companies saw this as an opportunity.
The path to approval
Even though regulators in Canada and some countries in Europe have approved a range of bitcoin and crypto-related ETFs and mutual funds over the last few years, the SEC’s stance regarding U.S. markets only began to shift in 2021 when Chair Gary Gensler indicated an openness to ETFs tied to bitcoin futures contracts rather than the spot price of the crypto.
Because futures contracts are overseen by the Commodity Futures Trading Commission, and fall under the Investment Company Act of 1940, the SEC considered this structure to potentially offer investors more protection. The SEC approved the first bitcoin ETF in October 2021.
What Are the First 3 Bitcoin ETFs?
As of December 6, 2021, there were three bitcoin ETFs in the U.S.
On October 19, 2021, the ProShares Bitcoin Strategy ETF (BITO) became the first ETF to offer investors exposure to Bitcoin futures, with two more launched shortly after its debut. A few days after the ProShares’ ETF went public, the Valkyrie Bitcoin Strategy ETF (BTF) launched, followed by the VanEck Bitcoin Strategy ETF (XBTF) on Nov. 15, 2021.
These funds do not invest directly in “physical” bitcoin (i.e. actual bitcoin assets) but shorter-term, cash-settled contracts that are traded on the Chicago Mercantile Exchange or CME.
Recommended: Is Crypto a Commodity or a Security?
The bitcoin ETF debate continues
Despite initial excitement and a wave of investor interest in the funds, some financial institutions are challenging the SEC’s decision to limit bitcoin ETFs to derivatives, and increasing pressure on the agency to reconsider its ruling on bitcoin spot ETFs.
Lawyers for one of the applicants, Grayscale Bitcoin Trust, argued that 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.”
They also asserted that the SEC is obligated to treat like situations alike, and to do otherwise is “arbitrary and capricious,” meaning that to be fair the SEC must consider similar investments in a similar light.
What Are Bitcoin Futures?
Bitcoin futures are similar to any futures contract for an underlying asset like a commodity or stock. This allows investors to speculate on the future price of bitcoin.
Investors can purchase monthly contracts for cash settlement (rather than actual bitcoin) on the CME. Thus it’s possible to trade bitcoin futures without needing a bitcoin wallet, and holding onto a volatile asset and then being subject to potential price fluctuations.
Uses of bitcoin futures
Trading bitcoin futures may offer a number of benefits. For bitcoin miners, futures can allow them to lock in prices that ensure a return on their mining investments, regardless of bitcoin’s price trajectory.
Bitcoin investors can also use futures to hedge against their positions in the spot market.
And because bitcoin futures contracts are regulated by the Commodity Futures Trading Commission (CFTC), large institutional investors may now consider these assets as a possibility for their portfolios. Prior to this, bitcoin has been largely unregulated, making it too risky an asset for most institutional investors.
What Other Bitcoin ETFs and Funds Exist?
Investors have channeled billions of dollars into a wide and growing variety of crypto ETFs and other funds that are thriving in Canada and Europe. While some of these funds are from smaller players, in Q4 of 2021 Fidelity became the largest asset manager to launch a bitcoin spot ETF on the Toronto exchange.
In addition to crypto-related instruments, it’s possible to invest in a number of other crypto- and blockchain-related companies, including crypto exchanges and mining technology companies.
The Takeaway
For investors curious about the cryptocurrency market but not yet ready to take the plunge, a bitcoin ETF may represent a convenient option. But as of December 2021, the SEC has rejected applications to create any securities tied to the daily spot price of bitcoin, limiting bitcoin-related investments to the derivatives market.
While investing in a bitcoin futures ETF is different than investing in a “physical” or spot bitcoin fund, it may offer some advantages. But it’s wise to understand how futures work before investing in these funds. To better understand how bitcoin and other cryptocurrency works, you can get started trading right away when you open a SoFi Invest® account, which also enables you to trade stocks, ETFs, and more.
Get started on SoFi Invest today.
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Crypto: Bitcoin and other cryptocurrencies aren’t endorsed or guaranteed by any government, are volatile, and involve a high degree of risk. Consumer protection and securities laws don’t regulate cryptocurrencies to the same degree as traditional brokerage and investment products. Research and knowledge are essential prerequisites before engaging with any cryptocurrency. US regulators, including FINRA , the SEC , and the CFPB , have issued public advisories concerning digital asset risk. Cryptocurrency purchases should not be made with funds drawn from financial products including student loans, personal loans, mortgage refinancing, savings, retirement funds or traditional investments. Limitations apply to trading certain crypto assets and may not be available to residents of all states.
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Shares of ETFs must be bought and sold at market price, which can vary significantly from the Fund’s net asset value (NAV). Investment returns are subject to market volatility and shares may be worth more or less their original value when redeemed. The diversification of an ETF will not protect against loss. An ETF may not achieve its stated investment objective. Rebalancing and other activities within the fund may be subject to tax consequences.
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