Key Takeaways
Quick answer
Spot bitcoin and ether ETFs — the SEC calls them exchange-traded products (ETPs) — are trusts that hold the crypto itself and trade on a stock exchange. The SEC approved bitcoin listings on 10 January 2024 and ether listings on 23 May 2024. Approval was not an endorsement of bitcoin.
- On 10 January 2024 the SEC approved exchange rules to list spot bitcoin ETPs; ether followed on 23 May 2024.
- The SEC Chair said the approval did not approve or endorse bitcoin.
- These products are commodity trusts, not funds registered under the Investment Company Act of 1940.
- The share price can deviate from the crypto price, and sponsor fees shrink the crypto behind each share.
- You still carry crypto's price risk: the SEC tells investors to consider the volatility of bitcoin and ether.
What is a spot bitcoin or ether ETF?
Most people call them “bitcoin ETFs”, but the US Securities and Exchange Commission (SEC) uses the wider term exchange-traded product (ETP). Its September 2024 investor bulletin explains: “Spot bitcoin and ether ETPs are exchange-traded commodity trusts that hold either crypto asset.”
“Spot” here means the trust holds the coins themselves. You buy shares in the trust through an ordinary brokerage account, and the share price is meant to follow the price of bitcoin or ether.
According to the SEC, these products may provide exposure “without some of the direct risks to the investor of personally transacting on a crypto asset trading platform”. In other words, the trust buys and holds the crypto; you hold shares.
When did the SEC approve spot bitcoin and ether ETPs?
| Date | What the SEC did |
|---|---|
| 10 Jan 2024 | Order (Release No. 34-99306) approving rule changes by NYSE Arca, Nasdaq and Cboe BZX to list and trade bitcoin-based trust shares. |
| 23 May 2024 | Order (Release No. 34-100224) approving rule changes by the same three exchanges to list and trade ether-based ETPs. |
| 9 Sep 2024 | Investor bulletin from SEC staff on the risks of spot bitcoin and ether ETPs. |
On the day of the bitcoin decision, SEC Chair Gary Gensler said: “Today, the Commission approved the listing and trading of a number of spot bitcoin exchange-traded product (ETP) shares.” He explained the context: a US Court of Appeals had found that the Commission “failed to adequately explain its reasoning in disapproving the listing and trading of Grayscale’s proposed ETP”.
Note what the orders approved: exchange rules allowing these shares to be listed and traded. They are not a judgement on whether bitcoin or ether is a good investment.

Does SEC approval mean bitcoin is safe or endorsed?
No. Gensler was explicit: “While we approved the listing and trading of certain spot bitcoin ETP shares today, we did not approve or endorse bitcoin.”
He went further, calling bitcoin “primarily a speculative, volatile asset that’s also used for illicit activity including ransomware, money laundering, sanction evasion, and terrorist financing”, and added: “Investors should remain cautious about the myriad risks associated with bitcoin and products whose value is tied to crypto.”
Be wary of any advert or social media post that presents “SEC-approved” as a seal of quality.
How are crypto ETPs different from ordinary ETFs?
An ordinary ETF, as described in our guide What is an ETF?, is usually a fund registered under the US Investment Company Act of 1940. Spot crypto ETPs are not. The SEC bulletin says: “Spot bitcoin and ether ETPs are not registered as investment companies under the Investment Company Act of 1940.”
It spells out what that means: “This means that spot bitcoin and ether ETPs are not subject to the requirements of the Investment Company Act of 1940, such as the legal requirements related to valuation and custody of fund assets, like ETFs and mutual funds are.”
| Typical ETF | Spot bitcoin/ether ETP | |
|---|---|---|
| Legal form (SEC) | Investment company | Commodity trust |
| 1940 Act rules on valuation and custody | Apply | Do not apply |
| What it holds | Stocks, bonds or other assets | Bitcoin or ether |
What do crypto ETPs cost?
The trust charges a sponsor fee, and it is paid in a way that matters. The SEC warns: “Even small fees can have a major impact on your investment over time. This is because each time the spot bitcoin or ether ETP pays the sponsor fee, the number of crypto assets represented by your share(s) of the ETP will decline.”
An illustrative calculation with a made-up 0.25% annual fee (check each product’s prospectus for real figures):
- One share starts out representing 0.001000 BTC.
- After one year: 0.001000 × (1 − 0.0025) = 0.0009975 BTC.
- After five years: 0.001000 × 0.9975 × 0.9975 × 0.9975 × 0.9975 × 0.9975 ≈ 0.0009876 BTC.
The fee shrinks your share of bitcoin whether the price goes up or down. On top of this you may pay brokerage commissions and the bid-ask spread.
Can I buy crypto ETPs in the UK?
The UK takes a different route. The UK Financial Conduct Authority (FCA) announced on 1 August 2025 that firms could give retail consumers access to crypto exchange traded notes (cETNs), and said “The change will come into force on 8 October 2025.” It added: “Crypto ETNs that retail consumers can access must be traded on an FCA-approved, UK-based investment exchange (a Recognised Investment Exchange or RIE).”
The FCA was also clear that there won’t be coverage from the Financial Services Compensation Scheme (FSCS), and that consumers should ensure they understand the risks before deciding to invest. Before using any firm, check that it is authorised.
What are the risks of spot bitcoin and ether ETPs?
- Crypto price risk. The SEC says “Investors should consider the volatility of the price of bitcoin and ether”. If bitcoin falls, the ETP falls with it — see crypto risks.
- Tracking gaps. “Although spot bitcoin and ether ETPs are intended to track the price of those crypto assets, the price of your ETP shares may deviate from the price of the crypto asset.”
- Underlying market risk. The SEC says spot crypto trading platforms are not registered with it and “As a result, there is an enhanced potential for fraud and manipulation in the underlying market.”
- Fewer structural protections. The 1940 Act rules on valuation and custody do not apply.
- Fees. Sponsor fees steadily reduce the crypto behind each share.
The SEC bulletin’s advice on each product’s prospectus: “Carefully review these risk factors and other disclosures to understand your investment.” The bulletin reflects the views of SEC staff, not a rule of the Commission.
Blockhorizon is an education site. We do not name or recommend any crypto ETP. Nothing here is a recommendation to buy, sell or hold any investment.
Frequently asked questions
Is a bitcoin ETF the same as owning bitcoin?
No. You own shares in a trust that holds bitcoin, not the coins themselves. The share price can deviate from bitcoin’s price, and sponsor fees reduce the bitcoin behind each share over time.
Did the SEC approve bitcoin itself?
No. SEC Chair Gary Gensler said the Commission approved the listing and trading of certain spot bitcoin ETP shares but “did not approve or endorse bitcoin”.
Are spot bitcoin ETPs covered by the Investment Company Act of 1940?
No. The SEC says they are not registered as investment companies, so the 1940 Act’s requirements on valuation and custody of fund assets do not apply to them.
Can I lose money in a crypto ETP?
Yes. The product follows the price of bitcoin or ether, which the SEC describes as volatile. In the UK, the FCA says crypto ETNs have no FSCS coverage.
Article Sources
6 sources
Blockhorizon checks every figure, date and quotation against primary sources: regulators, statistics bodies and original technical documents. Read our editorial policy.
- SEC Chair Gary Gensler, Statement on the Approval of Spot Bitcoin Exchange-Traded Products (10 Jan 2024) — sec.gov (accessed 2026-10-02)
- SEC Release No. 34-99306, order approving bitcoin-based trust shares listing rules (10 Jan 2024) — sec.gov (accessed 2026-10-02)
- SEC Release No. 34-100224, order approving ether-based ETP listing rules (23 May 2024) — sec.gov (accessed 2026-10-02)
- SEC Investor.gov, Exchange-Traded Products (ETPs) Providing Exposure to Bitcoin and Ether – Investor Bulletin (9 Sep 2024) — investor.gov (accessed 2026-10-02)
- UK Financial Conduct Authority, FCA opens retail access to crypto ETNs (press release, 1 Aug 2025) — fca.org.uk (accessed 2026-10-02)
- SEC Investor.gov, Updated Investor Bulletin: Exchange-Traded Funds (ETFs) (23 Feb 2023) — investor.gov (accessed 2026-10-02)
