"We are deeply disappointed by and do not agree with its decision."
The same day, the SEC also turned down Bitwise's request for a spot bitcoin ETF.
The SEC rejected Grayscale's request to establish a spot bitcoin ETF on the NYSE Arca exchange in a decision on Wednesday. According to the regulator, the proposed ETF did not adhere to the criterion intended to thwart dishonest and manipulative actions and safeguard investors and the general welfare.
According to a petition for review filed on Wednesday, Grayscale is contesting the SEC's judgment and has requested the US Court of Appeals for the District of Columbia Circuit to look into it. Grayscale submitted its initial application in October 2021, the same month the New York Stock Exchange authorized trading in the first bitcoin futures-based ETF. The first companies in the market were ProShares, Valkyrie, and VanEck.
If the SEC continued to forbid a spot crypto ETF, the asset manager threatened legal action against the agency in March. In June, the company hired Donald B. Verrilli, Jr., a former US solicitor general, as a senior legal strategist to bolster its legal department.
In a statement to investors earlier this week, Grayscale CEO Michael Sonnenshein expressed confidence in the anticipated SEC ruling. He claimed that the regulator's activities over the previous eight months demonstrated that it was becoming more familiar and at ease with the fundamental bitcoin market.
The asset management will likely argue that bitcoin-based ETF products must receive fair treatment from the SEC. In the previous month, Bitcoin has decreased by more than 37%.