Notice2025-02618

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change, as Modified by Amendment No. 2, To Amend the ARK 21Shares Bitcoin ETF and the 21Shares Core Ethereum ETF in Order To Permit In-Kind Creations and Redemptions

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
February 14, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 30 (Friday, February 14, 2025)</title>
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[Federal Register Volume 90, Number 30 (Friday, February 14, 2025)]
[Notices]
[Pages 9648-9652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02618]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-102381; File No. SR-CboeBZX-2025-010]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing of a Proposed Rule Change, as Modified by Amendment No. 2, To 
Amend the ARK 21Shares Bitcoin ETF and the 21Shares Core Ethereum ETF 
in Order To Permit In-Kind Creations and Redemptions

February 10, 2025.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on January 27, 2025, Cboe BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission (the 
``Commission'') a proposed rule change to amend the ARK 21 Shares 
Bitcoin ETF and the 21 Shares Core Ethereum ETF, currently listed and 
traded on the Exchange under Exchange Rule 14.11(e)(4), in order to 
permit in-kind creations and redemptions. On February 5, 2025, the 
Exchange filed Amendment No. 1 to the proposed rule change, which 
replaced and superseded the original filing in its entirety. On 
February 7, 2025, the Exchange filed Amendment No. 2 to the proposed 
rule change, which replaced and superseded the proposed rule change, as 
modified by Amendment No. 1, in its entirety. The proposed rule change, 
as modified by Amendment No. 2, is described in Items I, II, and III 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change, as modified by Amendment No. 2, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing 
with the Securities and Exchange Commission (``Commission'' or ``SEC'') 
a proposed rule change to amend the ARK 21Shares Bitcoin ETF (the 
``Bitcoin Trust'') and the 21Shares Core Ethereum ETF (the ``ETH 
Trust'' and, collectively with the Bitcoin Trust, the ``Trusts'').
    The text of the proposed rule change is also available on the 
Exchange's website (<a href="http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</a>), at the Exchange's Office of the Secretary, and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    This Amendment No. 2 to SR-CboeBZX-2025-010 amends and replaces in 
its entirety the proposal as originally submitted on January 27, 2025, 
and as amended by Amendment No. 1 on February 5, 2025. The Exchange 
submits this Amendment No. 2 in order to clarify certain points and add 
additional details to the proposal.
    The Commission approved the listing and trading of shares (the 
``Bitcoin ETP Shares'') of the Bitcoin Trust on the Exchange pursuant 
to Exchange Rule 14.11(e)(4), Commodity-Based Trust Shares, on January 
10, 2024.\3\ The

[[Page 9649]]

Commission also approved the listing and trading of shares (the ``ETH 
ETP Shares'') of the ETH Trust on the Exchange pursuant to Exchange 
Rule 14.11(e)(4), Commodity-Based Trust Shares, on May 23, 2024.\4\ 
Exchange Rule 14.11(e)(4) governs the listing and trading of Commodity-
Based Trust Shares, which means a security (a) that is issued by a 
trust that holds (1) a specified commodity deposited with the trust, or 
(2) a specified commodity and, in addition to such specified commodity, 
cash; (b) that is issued by such trust in a specified aggregate minimum 
number in return for a deposit of a quantity of the underlying 
commodity and/or cash; and (c) that, when aggregated in the same 
specified minimum number, may be redeemed at a holder's request by such 
trust which will deliver to the redeeming holder the quantity of the 
underlying commodity and/or cash. The Bitcoin ETP Shares are issued by 
the Bitcoin Trust and the ETH ETP Shares are issued by the ETH Trust. 
The Bitcoin Trust was formed as a Delaware statutory trust on June 22, 
2021 and the ETH Trust was formed as a Delaware statutory trust on 
September 5, 2023.
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    \3\ See Securities Exchange Act Release Nos. 99288 (January 8, 
2024) 89 FR 2387 (January 12, 2024) (SR-CboeBZX-2023-028) (Notice of 
Filing of Amendment No. 5 to a Proposed Rule Change To List and 
Trade Shares of the ARK 21Shares Bitcoin ETF Under BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares) (``Bitcoin ETP Amendment 
No. 5''); 99306 (January 10, 2024) 89 FR 3008 (January 17, 2024) 
(SR-CboeBZX-2023-028) (Order Granting Accelerated Approval of 
Proposed Rule Changes, as Modified by Amendments Thereto, To List 
and Trade Bitcoin-Based Commodity-Based Trust Shares and Trust 
Units) (the ``Bitcoin ETP Approval Order''). On September 12, 2024, 
the Exchange amended the Bitcoin ETP Amendment No. 5 to add two new 
custodians to the Bitcoin Trust. See Securities Exchange Act Release 
No. 101080 (September 18, 2024) 89 FR 77910 (September 24, 2024) 
(Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change To Amend the ARK 21Shares Bitcoin ETF and the 21Shares Core 
Ethereum ETF To Add Two New Custodians to Each Trust) (the 
``Custodian Amendment'').
    \4\ See Securities Exchange Act Release Nos. 100216 (May 22, 
2024) 89 FR 46514 (May 29, 2024) (SR-CboeBZX-2023-070) (Notice of 
Filing of Amendment No. 2 to a Proposed Rule Change to List and 
Trade Shares of the ARK 21Shares Ethereum ETF Under BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares) (``Eth ETP Amendment No. 
2''); 100224 (May 23, 2024) 89 FR 46937 (May 30, 2024) (SR-CboeBZX-
2023-070) (Order Granting Accelerated Approval of Proposed Rule 
Changes, as Modified by Amendments Thereto, to List and Trade Shares 
of Ether-Based Exchange-Traded Products) (the ``ETH ETP Approval 
Order''). The ETH Trust was originally named the ARK 21Shares 
Ethereum ETF, as reflected in the ETH ETP Approval Order. However, 
the Exchange later submitted an amendment, in part, to rename the 
ETH Trust to the 21Shares Core Ethereum ETF. See Securities Exchange 
Act Release No. 100306 (June 10, 2024) 89 FR 50656 (June 14, 2024) 
(SR-CboeBZX-2024-050) (Notice of Filing and Immediate Effectiveness 
of a Proposed Rule Change To Amend the ARK 21Shares Ethereum ETF To 
Amend the Trust Name and Reflect That the Trust Will No Longer Have 
a Sub-Adviser) (the ``Trust Name and Sub-Adviser Amendment''). The 
Custodian Amendment also added two new custodians to the Eth Trust 
in addition to the Bitcoin Trust.
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Bitcoin Trust
    The Exchange proposes to amend several portions of the Bitcoin ETP 
Amendment No. 5, as amended by the Custodian Amendment, in order to 
permit in-kind creations and redemptions.
Representations
    The Bitcoin ETP Amendment No. 5 included specific representations 
making clear that the Bitcoin Trust would only process creations and 
redemptions in cash. Specifically, Bitcoin ETP Amendment No. 5 stated: 
``The Trust will process all creations and redemptions in cash 
transactions with authorized participants.'' \5\
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    \5\ See Bitcoin ETP Amendment No. 5 at 2407.
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    The Exchange proposes to replace this representation to state: 
``The Trust will process all creations and redemptions in cash or in-
kind transactions with authorized participants.''
    The Bitcoin ETP Amendment No. 5 also stated:

    When the Trust creates or redeems its Shares, it will do so in 
cash transactions in blocks of 5,000 Shares (a ``Creation Basket'') 
at the Trust's net asset value (``NAV''). Authorized participants 
will deliver, or facilitate the delivery of, cash to the Trust's 
account with the Cash Custodian, in exchange for Shares when they 
create Shares, and the Trust, through the Cash Custodian, will 
deliver cash to such authorized participants when they redeem Shares 
with the Trust. Authorized participants may then offer Shares to the 
public at prices that depend on various factors, including the 
supply and demand for Shares, the value of the Trust's assets, and 
market conditions at the time of a transaction.\6\
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    \6\ See Bitcoin ETP Amendment No. 5 at 2406.

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    The Exchange proposes to replace the above paragraph as follows:

    When the Trust creates or redeems its Shares, it will do so in 
cash transactions or in-kind transactions in blocks of 5,000 Shares 
(a ``Creation Basket'') at the Trust's net asset value (``NAV''). 
For cash creations and redemptions, authorized participants will 
deliver, or facilitate the delivery of, cash to the Trust's account 
with the Cash Custodian, in exchange for Shares when they create 
Shares, and the Trust, through the Cash Custodian, will deliver cash 
to such authorized participants when they redeem Shares with the 
Trust. For in-kind creation and redemptions, authorized participants 
will deliver, or facilitate delivery of, bitcoin to the Trust's 
account with the Custodian, in exchange for Shares when they create 
Shares, and the Trust, through the Custodian, will deliver bitcoin 
to such authorized participants when they redeem Shares with the 
Trust. Authorized participants may then offer Shares to the public 
at prices that depend on various factors, including the supply and 
demand for Shares, the value of the Trust's assets, and market 
conditions at the time of a transaction.
Creation and Redemption of Shares
    The Bitcoin ETP Amendment No. 5 included the ``Creation and 
Redemption of Shares'' section.\7\ The Exchange proposes to replace 
this section as follows:
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    \7\ See Bitcoin ETP Amendment No. 5 at 2408-2409.
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Creation and Redemption of Shares

    When the Trust creates or redeems its Shares, it will do so in 
cash or in-kind. In connection with cash creations and cash 
redemptions, the authorized participants will submit orders to 
create or redeem Baskets of Shares in exchange for cash. When the 
Trust creates or redeems its Shares in cash, it will do so in 
transactions in blocks of 5,000 Shares that are based on the 
quantity of bitcoin attributable to each Share of the Trust (e.g., a 
Creation Basket) at the Trust's NAV. When the Trust creates or 
redeems its Shares in-kind, it will do so in transfers of bitcoin in 
blocks of 5,000 Shares that are based on the quantity of bitcoin 
attributable to the Creation Basket being created or redeemed.
    The authorized participants will deliver cash or bitcoin to 
create Shares and will receive cash or bitcoin when redeeming 
Shares. The Trust will create Shares by receiving bitcoin or cash 
from an authorized participant and will redeem Shares by delivering 
bitcoin or cash to an authorized participant.
    On any business day, an authorized participant may place an 
order to create one or more Creation Baskets. Purchase orders must 
be placed by 12:00 p.m. Eastern Time, the close of regular trading 
on the Exchange, or another time determined by the Sponsor.\8\ The 
day on which an order is received is considered the purchase order 
date.\9\
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    \8\ The time requirement for purchase orders will be publicized 
by the Sponsor.
    \9\ The order date is the trade date.
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    For a cash creation order, the total deposit of cash required is 
based on the combined NAV of the number of Shares included in the 
Creation Baskets being created determined as of 4:00 p.m. ET on the 
date the order to purchase is properly received.
    For a creation order in-kind, the total in-kind transfer of 
bitcoin is based on the quantity of bitcoin attributable to the 
Creation Baskets being created determined as promptly as practicable 
after 4:00 p.m. ET on the date the order to purchase is properly 
received.
    The Administrator determines the quantity of bitcoin associated 
with a Creation Basket for a given day by dividing the number of 
bitcoin held by the Trust as of the opening of business on that 
business day, adjusted for the amount of bitcoin constituting 
estimated accrued but unpaid fees and expenses of the Trust as of 
the opening of business on that business day, by the quotient of the 
number of Shares outstanding at the opening of business divided by 
the number of Shares in a Creation Basket.
    The procedures by which an authorized participant can redeem one 
or more Creation Baskets mirror the procedures for the creation of 
Creation Baskets. For a cash creation order, an authorized 
participant will deliver cash to create Shares. For an in-kind 
creation order, an authorized participant will deliver bitcoin to 
create Shares. For a cash redemption order, an authorized 
participant will deliver Shares to the Trust and will receive cash 
for the Shares delivered. For an

[[Page 9650]]

in-kind redemption order, an authorized participant will deliver 
Shares to the Trust and will receive bitcoin for the Shares 
delivered.
Trust's Transfer Agent Will Instruct Disposition of Trust's Bitcoin
    The Bitcoin ETP Amendment No. 5 subsection entitled ``Trust's 
Transfer Agent Will Instruct Disposition of Trust's Bitcoin'' includes 
the following:

    In such cases, a third party will use cash to buy and deliver 
bitcoin to create Shares or withdraw and sell bitcoin for cash to 
redeem Shares, on behalf of the Trust. Authorized participants will 
deliver cash to the Trust's account with the Cash Custodian in 
exchange for Shares of the Trust, and the Trust, through the Cash 
Custodian, will deliver cash to authorized participants when those 
authorized participants redeem Shares of the Trust.\10\
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    \10\ See Bitcoin ETP Amendment No. 5 at 2407.

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    The Exchange proposes to replace the above with the following:

    For a cash creation order, an authorized participant will 
deliver cash to create Shares. For an in-kind creation order, an 
authorized participant will deliver bitcoin to create Shares. For a 
cash redemption order, an authorized participant will deliver Shares 
to the Trust and will receive cash for the Shares delivered. For an 
in-kind redemption order, an authorized participant will deliver 
Shares to the Trust and will receive bitcoin for the Shares 
delivered.
ETH Trust
    Similarly, the Exchange proposes to amend several portions of Eth 
ETP Amendment No. 2, as amended by the Custodian Amendment and the 
Trust Name and Sub-Adviser Amendment, in order to permit in-kind 
creations and redemptions.
Representations
    First, Eth ETP Amendment No. 2 included specific representations 
making clear that the Bitcoin Trust would only process creations and 
redemptions in cash. Specifically, Eth ETP Amendment No. 2 stated:

    When the Trust creates or redeems its Shares, it will do so in 
cash transactions in blocks of 10,000 Shares (a ``Creation Basket'') 
at the Trust's net asset value (``NAV''). Authorized participants 
will deliver, or facilitate the delivery of, cash to the Trust's 
account with the Cash Custodian in exchange for Shares when they 
create Shares, and the Trust, through the Cash Custodian, will 
deliver cash to such authorized participants when they redeem Shares 
with the Trust.\11\
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    \11\ See Eth ETP Amendment No. 2 at 46520.

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    The Exchange proposes to replace the above as follows:

    When the Trust creates or redeems its Shares in cash 
transactions, it will do so in blocks of 10,000 Shares (a ``Creation 
Basket'') at the Trust's net asset value (``NAV''). Authorized 
participants will deliver, or facilitate the delivery of, cash to 
the Trust's account with the Cash Custodian in exchange for Shares 
when they create Shares, and the Trust, through the Cash Custodian, 
will deliver cash to such authorized participants when they redeem 
Shares with the Trust. When the Trust creates or redeems its Shares 
in-kind, it will do so in Creation Units in exchange for ether. 
Authorized participants will deliver, or facilitate delivery of, 
ether to the Trust's account with the Custodian, in exchange for 
Shares when they create Shares, and the Trust, through the 
Custodian, will deliver ether to such authorized participants when 
they redeem Shares with the Trust.

    Eth ETP Amendment No. 2 also states: ``The Trust will process all 
creations and redemptions in cash transactions with authorized 
participants.'' \12\ The Exchange proposes to replace this 
representation to state that the ``Trust will process all creations and 
redemptions in cash or in-kind transactions with authorized 
participants.''
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    \12\ See ETH ETP Amendment No. 2 at 46521.
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Creation and Redemption of Shares
    The Eth ETP Amendment No. 2 includes the ``Creation and Redemption 
of Shares'' section.\13\ The Exchange proposes to replace this section 
as follows:
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    \13\ See ETH ETP Amendment No. 2 at 46522-46523.
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Creation and Redemption of Shares

    When the Trust creates or redeems its Shares, it will do so in 
cash or in-kind. In connection with cash creations and cash 
redemptions, the authorized participants will submit orders to 
create or redeem Baskets of Shares in exchange for cash. When the 
Trust creates or redeems its Shares in cash, it will do so in 
transactions in blocks of 10,000 Shares that are based on the 
quantity of ether attributable to each Share of the Trust (e.g., a 
Creation Basket) at the Trust's NAV. When the Trust creates or 
redeems its Shares in-kind, it will do so in transfers of ether in 
blocks of 10,000 Shares that are based on the quantity of ether 
attributable to the Creation Basket being created or redeemed.
    The authorized participants will deliver cash or ether to create 
Shares and will receive cash or ether when redeeming Shares. The 
Trust will create Shares by receiving ether or cash from an 
authorized participant and will redeem Shares by delivering ether or 
cash to an authorized participant.
    On any business day, an authorized participant may place an 
order to create one or more Creation Baskets. Purchase orders must 
be placed by 12:00 p.m. Eastern Time, the close of regular trading 
on the Exchange, or another time determined by the Sponsor.\14\ The 
day on which an order is received is considered the purchase order 
date.\15\
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    \14\ The time requirement for purchase orders will be publicized 
by the Sponsor.
    \15\ The order date is the trade date.
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    For a cash creation, the total deposit of cash required is based 
on the combined NAV of the number of Shares included in the Creation 
Baskets being created determined as of 4:00 p.m. ET on the date the 
order to purchase is properly received.
    For a creation order in-kind, the total in-kind transfer of 
ether is based on the quantity of ether attributable to the Creation 
Baskets being created determined as promptly as practicable after 
4:00 p.m. ET on the date the order to purchase is properly received.
    The Administrator determines the quantity of ether associated 
with a Creation Basket for a given day by dividing the number of 
ether held by the Trust as of the opening of business on that 
business day, adjusted for the amount of ether constituting 
estimated accrued but unpaid fees and expenses of the Trust as of 
the opening of business on that business day, by the quotient of the 
number of Shares outstanding at the opening of business divided by 
the number of Shares in a Creation Basket.
    The procedures by which an authorized participant can redeem one 
or more Creation Baskets mirror the procedures for the creation of 
Creation Baskets. For a cash creation order, an authorized 
participant will deliver cash to create Shares. For an in-kind 
creation order, an authorized participant will deliver ether to 
create Shares. For a cash redemption order, an authorized 
participant will deliver Shares to the Trust and will receive cash 
for the Shares delivered. For an in-kind redemption order, an 
authorized participant will deliver Shares to the Trust and will 
receive ether for the Shares delivered.
Trust's Transfer Agent Will Instruct Disposition of Trust's Ether
    The Eth ETP Amendment No. 2 subsection entitled ``Trust's Transfer 
Agent Will Instruct Disposition of Trust's Ether'' includes the 
following:

    In such cases, a third party will use cash to buy and deliver 
ether to create Shares or withdraw and sell ether for cash to redeem 
Shares, on behalf of the Trust. Authorized participants will deliver 
cash to the Trust's account with the Cash Custodian in exchange for 
Shares of the Trust, and the Trust, through the Cash Custodian, will 
deliver cash to authorized participants when those authorized 
participants redeem Shares of the Trust.\16\
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    \16\ See Eth ETP Amendment No. 2 at 46520.

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    The Exchange proposes to replace the above with the following:

    For a cash creation order, an authorized participant will 
deliver cash to create Shares. For an in-kind creation order, an 
authorized participant will deliver ether to create Shares. For a 
cash redemption order, an authorized participant will deliver Shares 
to the Trust and will receive cash for the Shares delivered. For an 
in-kind redemption order, an authorized participant will deliver 
Shares to the Trust and will receive ether for the Shares delivered.

[[Page 9651]]

Conclusion
    Except for the above changes, all other representations in the 
Bitcoin ETP Amendment No. 5, as amended by the Custodian Amendment, and 
ETH ETP Amendment No. 2, as amended by the Custodian Amendment and the 
Trust Name and Sub-Adviser Amendment, remain unchanged and will 
continue to constitute continuing listing requirements. In addition, 
the Bitcoin Trust will continue to comply with the terms of Bitcoin ETP 
Amendment No. 5, as amended, and the ETH Trust will continue to comply 
with the terms of ETH ETP Amendment No. 2, as amended, and the Trusts 
will continue to comply with the requirements of Rule 14.11(e)(4).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\17\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \18\ requirements that the rules 
of an exchange be designed to prevent fraudulent and manipulative acts 
and practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, to protect investors and the public interest.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed rule change is designed to 
remove impediments to and perfect the mechanism of a free and open 
market and, in general, to protect investors and the public interest 
because it would update representations in both the Bitcoin ETP 
Amendment No. 5, as amended, and the ETH ETP Amendment No. 2, as 
amended, such that the Trusts would both be able to engage in in-kind 
creations and redemptions with authorized participants, as described 
above. This ability would make the Trusts (and the market more 
generally) operate more efficiently because authorized participants 
would be able to source bitcoin or ether, as applicable, rather than to 
provide cash to the applicable Trust and to receive bitcoin or ether 
directly from the Trusts. This means that the authorized participant 
would be responsible for buying and selling the applicable crypto asset 
rather than the Trust itself, which would potentially lessen the impact 
on the market of the Trusts on both sides of the transaction by 
allowing the authorized participant to decide how and where to source 
the underlying crypto asset for creations and deciding how, where, and 
whether to sell the underlying crypto asset received for redemptions. 
This would improve the creation and redemption process for both 
authorized participants and the Trusts, increase efficiency, and 
ultimately benefit the end investors in the Trusts.
    Except for the addition of in-kind creation and redemption for the 
Bitcoin Trust as specifically set forth herein, all other 
representations made in the Bitcoin ETP Amendment No. 5, as amended, 
remain unchanged, and will continue to constitute continuing listing 
requirements for the Bitcoin Trust. Similarly, except for the addition 
of in-kind creation and redemption for the ETH Trust as specifically 
set forth herein, all other representations made in the ETH ETP 
Amendment No. 2, as amended, remain unchanged, and will continue to 
constitute continuing listing requirements for the ETH Trust.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. As noted above, the proposed 
amendment is intended to allow the Trusts to operate more efficiently 
by allowing for in-kind creation and redemption. The Exchange believes 
these changes will not impose any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. by order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change, as modified by Amendment No. 2, is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#6113140d044c020e0c0c040f1512211204024f060e17"><span class="__cf_email__" data-cfemail="f183849d94dc929e9c9c949f8582b1829492df969e87">[email&#160;protected]</span></a>. Please include 
file number SR-CboeBZX-2025-010 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-CboeBZX-2025-010. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for website viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE, 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication submitted 
material that is obscene or subject to copyright protection. All 
submissions should refer to file number SR-CboeBZX-2025-010 and should 
be submitted on or before March 7, 2025.

[[Page 9652]]

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-02618 Filed 2-13-25; 8:45 am]
BILLING CODE 8011-01-P


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