Bitcoin gained more than 5 per cent on Tuesday after the US court ruling. Reuters
Bitcoin gained more than 5 per cent on Tuesday after the US court ruling. Reuters
Bitcoin gained more than 5 per cent on Tuesday after the US court ruling. Reuters
Bitcoin gained more than 5 per cent on Tuesday after the US court ruling. Reuters

Bitcoin gains as US court finds SEC was wrong to reject Grayscale's ETF application


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Bitcoin rose to a two-week high on Tuesday after a US court ruled that the Securities and Exchange Commission (SEC) should have approved an application from Grayscale Investments to create a spot Bitcoin exchange-traded fund, in a landmark victory for the asset manager.

It was last up nearly 7 per cent at $27,910.

A panel of judges in the District of Columbia Court of Appeals in Washington said the securities regulator's denial of Grayscale's proposal was arbitrary and capricious because the SEC had failed to explain its different treatment of bitcoin futures ETFs and spot bitcoin ETFs.

What happened with Grayscale?

The SEC last year denied Grayscale's application to convert its spot Grayscale Bitcoin Trust into an ETF.

While the agency has rejected spot bitcoin ETFs, it has approved Bitcoin futures ETFs, which track agreements to buy or sell bitcoin at an agreed price.

Grayscale proposed using the same manipulation safeguards that were approved for those futures ETFs, but the SEC said that did not meet its bar.

Grayscale was just one of several asset managers, including Cathie Wood's ARK, Fidelity and Invesco, whose spot Bitcoin ETF applications the SEC rejected on investor protection grounds.

Unlike those other firms, Grayscale sued the SEC. Because the defendant is a regulator, the case went straight to the appeals court.

What was Grayscale’s argument?

Grayscale argued that the Bitcoin futures ETF surveillance arrangements should also be satisfactory for Grayscale's spot ETF, since both products rely on the bitcoin's underlying price.

Bitcoin futures ETFs track Bitcoin futures that trade on the Chicago Mercantile Exchange, the chief venue for those products.

The CME checks "futures market conditions and price movements on a real time and ongoing basis in order to detect and prevent price distortions, including price distortions caused by manipulative efforts", the SEC has said.

Grayscale's lead counsel Donald Verrilli Jr told the court in March that a spot bitcoin ETF would "better protect investors" because it would give them the benefit of CME oversight of the market. Currently, Americans mostly invest in Bitcoin via less well-established or unregulated exchanges.

However, the SEC says Grayscale lacks data to determine whether the CME futures surveillance agreement could also detect potential manipulation in the spot markets.

What happens now?

Both parties have 45 days to appeal the ruling, in which case it would either go to the US Supreme Court or an en banc panel review.

Grayscale's chief executive had said earlier he was prepared to appeal if the court ruled in the SEC's favour. It is unclear if the SEC would do likewise.

If Grayscale ultimately prevails and the SEC does not appeal, the court would specify how its decision should be executed.

That could include instructing the SEC to approve the application or to revisit Grayscale's application, in which case the SEC could still reject the proposal on other grounds.

If the SEC wins, Grayscale could refile its application, but to succeed it would need to address the agency's market manipulation concerns.

What would a Grayscale victory mean for other applications?

Several firms have this year filed spot Bitcoin ETFs for listing on Nasdaq or CBOE Global Markets, including BlackRock, the world's largest asset manager, Fidelity, WisdomTree, VanEck, Bitwise and Invesco.

Many have proposed working with Coinbase, the largest US-based cryptocurrency exchange, to police trading in the underlying Bbitcoin market. The SEC has formally acknowledged those applications and can take as long as 240 days to decide.

It is unclear what a win for Grayscale would mean for those applications but it could factor into the SEC's decisions on those proposals.

Living in...

This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home. 

Financial considerations before buying a property

Buyers should try to pay as much in cash as possible for a property, limiting the mortgage value to as little as they can afford. This means they not only pay less in interest but their monthly costs are also reduced. Ideally, the monthly mortgage payment should not exceed 20 per cent of the purchaser’s total household income, says Carol Glynn, founder of Conscious Finance Coaching.

“If it’s a rental property, plan for the property to have periods when it does not have a tenant. Ensure you have enough cash set aside to pay the mortgage and other costs during these periods, ideally at least six months,” she says. 

Also, shop around for the best mortgage interest rate. Understand the terms and conditions, especially what happens after any introductory periods, Ms Glynn adds.

Using a good mortgage broker is worth the investment to obtain the best rate available for a buyer’s needs and circumstances. A good mortgage broker will help the buyer understand the terms and conditions of the mortgage and make the purchasing process efficient and easier. 

Living in...

This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home. 

UAE currency: the story behind the money in your pockets
At a glance

Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.

 

Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year

 

Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month

 

Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30 

 

Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse

 

Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth

 

Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances

Know your Camel lingo

The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home

Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless

Asayel camels - sleek, short-haired hound-like racers

Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s

Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival

Stree

Producer: Maddock Films, Jio Movies
Director: Amar Kaushik
Cast: Rajkummar Rao, Shraddha Kapoor, Pankaj Tripathi, Aparshakti Khurana, Abhishek Banerjee
Rating: 3.5

UAE currency: the story behind the money in your pockets
AUSTRALIA SQUAD

Tim Paine (captain), Sean Abbott, Pat Cummins, Cameron Green, Marcus Harris, Josh Hazlewood, Travis Head, Moises Henriques, Marnus Labuschagne, Nathan Lyon, Michael Neser, James Pattinson, Will Pucovski, Steve Smith, Mitchell Starc, Mitchell Swepson, Matthew Wade, David Warner

UAE currency: the story behind the money in your pockets

'Unrivaled: Why America Will Remain the World’s Sole Superpower'
Michael Beckley, Cornell Press

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
SPEC%20SHEET%3A%20SAMSUNG%20GALAXY%20Z%20FOLD5
%3Cp%3E%3Cstrong%3EMain%20display%3A%3C%2Fstrong%3E%207.6%22%20QXGA%2B%20Dynamic%20Amoled%202X%2C%20Infinity%20Flex%2C%202176%20x%201812%2C%2021.6%3A18%2C%20374ppi%2C%20HDR10%2B%2C%20up%20to%20120Hz%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECover%20display%3A%3C%2Fstrong%3E%206.2%22%20HD%2B%20Dynamic%20Amoled%202X%2C%202316%20x%20904%2C%2023.1%3A9%2C%20402ppi%2C%20up%20to%20120Hz%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EProcessor%3A%3C%2Fstrong%3E%20Qualcomm%20Snapdragon%208%20Gen%202%2C%204nm%2C%20octa-core%3B%20Adreno%20740%20GPU%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EMemory%3A%3C%2Fstrong%3E%2012GB%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECapacity%3A%3C%2Fstrong%3E%20256%2F512GB%20%2F%201TB%20(online%20exclusive)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EPlatform%3A%3C%2Fstrong%3E%20Android%2013%2C%20One%20UI%205.1.1%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EMain%20camera%3A%3C%2Fstrong%3E%20Triple%2012MP%20ultra-wide%20(f%2F2.2)%20%2B%2050MP%20wide%20(f%2F1.8)%20%2B%2010MP%20telephoto%20(f%2F2.4)%2C%20dual%20OIS%2C%203x%20optical%20zoom%2C%2030x%20Space%20Zoom%2C%20portrait%2C%20super%20slo-mo%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EVideo%3A%3C%2Fstrong%3E%208K%4024fps%2C%204K%4060fps%2C%20full-HD%4060%2F240fps%2C%20HD%40960fps%3B%20slo-mo%4060%2F240%2F960fps%3B%20HDR10%2B%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECover%20camera%3A%3C%2Fstrong%3E%2010MP%20(f%2F2.2)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EInner%20front%20camera%3A%3C%2Fstrong%3E%20Under-display%204MP%20(f%2F1.8)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EBattery%3A%3C%2Fstrong%3E%204400mAh%2C%2025W%20fast%20charging%2C%2015W%20wireless%2C%204.5W%20reverse%20wireless%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EConnectivity%3A%3C%2Fstrong%3E%205G%3B%20Wi-Fi%2C%20Bluetooth%205.3%2C%20NFC%20(Samsung%20Pay)%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EI%2FO%3A%3C%2Fstrong%3E%20USB-C%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECards%3A%3C%2Fstrong%3E%20Nano-SIM%20%2B%20eSIM%3B%20dual%20nano-SIMs%20%2B%20eSIM%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EColours%3A%3C%2Fstrong%3E%20Cream%2C%20icy%20blue%2C%20phantom%20black%3B%20online%20exclusives%20%E2%80%93%20blue%2C%20grey%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EIn%20the%20box%3A%3C%2Fstrong%3E%20Fold5%2C%20USB-C-to-USB-C%20cable%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EPrice%3A%3C%2Fstrong%3E%20Dh6%2C799%20%2F%20Dh7%2C249%20%2F%20Dh8%2C149%3C%2Fp%3E%0A
Lexus LX700h specs

Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

Power: 464hp at 5,200rpm

Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

On sale: Now

Price: From Dh590,000

The specs
 
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
Benefits of first-time home buyers' scheme
  • Priority access to new homes from participating developers
  • Discounts on sales price of off-plan units
  • Flexible payment plans from developers
  • Mortgages with better interest rates, faster approval times and reduced fees
  • DLD registration fee can be paid through banks or credit cards at zero interest rates
Tearful appearance

Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday. 

Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow. 

She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.

A spokesman said her upset demeanour was due to a personal matter.

RESULTS

5pm: Maiden (PA) Dh 80,000 (Turf) 1,200m
Winner: AF Majalis, Tadhg O’Shea (jockey), Ernst Oertel (trainer).

5.30pm: Maiden (PA) Dh 80,000 (T) 1,400m
Winner: Sawt Assalam, Szczepan Mazur, Ibrahim Al Hadhrami.

6pm: Maiden (PA) Dh 80,000 (T) 1,400m
Winner: Foah, Fabrice Veron, Eric Lemartinel.

6.30pm: Wathba Stallions Cup Handicap (PA) Dh 70,000 (T) 1,400m
Winner: Faiza, Sandro Paiva, Ali Rashid Al Raihe.

7pm: Handicap (PA) Dh 80,000 (T) 1,600m
Winner: RB Dixie Honor, Antonio Fresu, Helal Al Alawi.

7.30pm: Rated Conditions (TB) Dh 100,000 (T) 1,600m
Winner: Boerhan, Ryan Curatolo, Nicholas Bachalard.

UAE currency: the story behind the money in your pockets
COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
Vidaamuyarchi

Director: Magizh Thirumeni

Stars: Ajith Kumar, Arjun Sarja, Trisha Krishnan, Regina Cassandra

Rating: 4/5

 

The specs
  • Engine: 3.9-litre twin-turbo V8
  • Power: 640hp
  • Torque: 760nm
  • On sale: 2026
  • Price: Not announced yet
The National Archives, Abu Dhabi

Founded over 50 years ago, the National Archives collects valuable historical material relating to the UAE, and is the oldest and richest archive relating to the Arabian Gulf.

Much of the material can be viewed on line at the Arabian Gulf Digital Archive - https://www.agda.ae/en

Updated: August 30, 2023, 11:27 AM`