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Even if Grayscale wins the case, the court does not have the authority to require the SEC to approve the conversion of GBTC into an ETF

On October 19, SEC Chairman Gary Gensler stated in an interview with Bloomberg that the SEC has received 8-10 filings from ETF issuers and is awaiting recommendations from staff on the approval process. Bloomberg ETF analyst Eric Balchunas stated that courts mostly reiterate what they have already said and will not require the SEC to convert GBTC (to a spot ETF) as it is not within the court's power. Therefore, even if Grayscale GBTC wins, the SEC still controls its fate to some extent.

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