Share this article

SEC Could Prepare Alternative Arguments to Reject Spot Bitcoin ETFs: Berenberg

Coinbase’s potential involvement in spot bitcoin ETFs could serve as part of the SEC’s reconfigured arguments for rejecting the applications, the report said.

Updated Aug 31, 2023, 3:39 p.m. Published Aug 31, 2023, 9:19 a.m.
jwp-player-placeholder

It is quite possible that the U.S. Securities and Exchange Commission (SEC) will prepare alternative arguments to justify continued rejections of spot bitcoin exchange-traded-fund (ETF) applications based on concerns about the spot bitcoin market, German investment bank Berenberg said in a research report Wednesday.

Still, Grayscale’s victory may have increased the likelihood that the “SEC will finally approve one or more spot bitcoin ETF applications,” analysts led by Mark Palmer wrote.

STORY CONTINUES BELOW
Don't miss another story.Subscribe to the Crypto Daybook Americas Newsletter today. See all newsletters

A federal court ruled on Tuesday that the SEC must review its rejection of Grayscale’s attempt to convert the Grayscale Bitcoin Trust (GBTC) into an ETF.

The approval of a spot bitcoin ETF could be a game changer for the crypto industry as it would allow a wider range of institutional investors to access the market. ETFs are popular because they allow market participants to invest in cryptocurrencies without having to purchase the underlying digital assets themselves.

Read more: Grayscale Victory Against SEC Clears Path for Spot Bitcoin ETFs: Bernstein

The panel did not compel the SEC to approve a spot bitcoin ETF, but said the regulator needed to revisit the arguments it used to support its rejection of Grayscale’s application, the analysts wrote.

The SEC also has the option to appeal the panel’s ruling, the report said.

Berenberg notes that crypto-exposed stocks surged following the Grayscale legal win, with Coinbase (COIN) gaining 14.9% and MicroStrategy (MSTR) rallying 10.8%.

“Approval of a spot ETF would be good for bitcoin, and anything that would be good for bitcoin would be good for MSTR,” the bank said. However for Coinbase, the company’s potential involvement in those ETFs could serve as part of the “SEC’s reconfigured arguments for rejecting the applications.”

CoinDesk’s parent company, Digital Currency Group, owns Grayscale.

More For You

Protocol Research: GoPlus Security

GP Basic Image

What to know:

  • As of October 2025, GoPlus has generated $4.7M in total revenue across its product lines. The GoPlus App is the primary revenue driver, contributing $2.5M (approx. 53%), followed by the SafeToken Protocol at $1.7M.
  • GoPlus Intelligence's Token Security API averaged 717 million monthly calls year-to-date in 2025 , with a peak of nearly 1 billion calls in February 2025. Total blockchain-level requests, including transaction simulations, averaged an additional 350 million per month.
  • Since its January 2025 launch , the $GPS token has registered over $5B in total spot volume and $10B in derivatives volume in 2025. Monthly spot volume peaked in March 2025 at over $1.1B , while derivatives volume peaked the same month at over $4B.

More For You

French Banking Giant BPCE to Roll Out Crypto Trading for 2M Retail Clients

(CoinDesk)

The service will allow customers to buy and sell BTC, ETH, SOL, and USDC through a separate digital asset account managed by Hexarq.

What to know:

  • French banking group BPCE will start offering crypto trading services to 2 million retail customers through its Banque Populaire and Caisse d’Épargne apps, with plans to expand to 12 million customers by 2026.
  • The service will allow customers to buy and sell BTC, ETH, SOL, and USDC through a separate digital asset account managed by Hexarq, with a €2.99 monthly fee and 1.5% transaction commission.
  • The move follows similar initiatives by other European banks, such as BBVA, Santander, and Raiffeisen Bank, which have already started offering crypto trading services to their customers.