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ARTICLE · 16 DECEMBER 2019

Ontario Securities Commission Creates Path For Publically Traded Cryptocurrency Investment Funds

On October 29, 2019, a panel of the Ontario Securities Commission ("OSC") issued a decision (the "Decision") that will allow The Bitcoin Fund (the "Fund"), managed by 3iQ Corp. ("3iQ"), ...

CanadaTechnology

On October 29, 2019, a panel of the Ontario Securities Commission ("OSC") issued a decision (the "Decision") that will allow The Bitcoin Fund (the "Fund"), managed by 3iQ Corp. ("3iQ"), a Canadian investment fund manager, to be the first publicly traded bitcoin investment fund.

History

3iQ has created the proposed Fund as a non-redeemable investment fund that would invest substantially all of its assets in bitcoin. In October 2018, 3iQ filed a non-offering prospectus with the OSC with the intention of converting and refiling as an offering prospectus to raise proceeds once all regulatory concerns were resolved. However, staff at the OSC's Investment Funds & Structured Products branch ("IFSP") formally recommended against the Director issuing a receipt for that prospectus and in February 2019, the Director IFSP issued a decision refusing to issue a receipt for the Fund's preliminary prospectus. The basis for this refusal was that bitcoin was an illiquid asset

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