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ARTICLE · 15 MARCH 2017

SEC Rejects Bitcoin ETF Proposal Citing Lack Of Regulation

The SEC rejected the Winklevoss Bitcoin Trust due to the lack of regulation in the bitcoin market.

United StatesTechnology

On March 10, 2017, the U.S. Securities Exchange Commission ("SEC") issued an order disapproving BATS BZX Exchange's proposal to list and trade shares of the Winklevoss Bitcoin Trust. The proposal, if granted, would have established a bitcoin exchange-traded fund ("ETF") that market participants could invest in through the BATS BZX Exchange platform.

The SEC rejected the Winklevoss Bitcoin Trust due to the lack of regulation in the bitcoin market. It explained that "the significant markets for bitcoin are unregulated and that, therefore, the Exchange has not entered into, and would currently be unable to enter into, the type of surveillance-sharing agreement that helps address concerns about the potential for fraudulent or manipulative acts and practices in the market for the Shares." The SEC concluded that the bitcoin market is largely unregulated, unlike the markets for other commodities such as gold and silver, and therefore the Winklevoss Bitcoin Trust is

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