ARK Investment Submits Revised Bitcoin Spot ETF Prospectus

• ARK Investment Management LLC presents an updated version of their Bitcoin spot ETF prospectus.
• The platform addressed various concerns highlighted by the SEC.
• Highlighting the SEC’s concern on Net Asset Value (NAV), ARK Invest stated that NAV calculation does not comply with GAAP.

American asset management company ARK Investment Management LLC submitted an amendment to the Securities and Exchange Commission (SEC), flagging the potential Bitcoin spot ETF approval. According to a recent post on X (formerly Twitter) by Eric Balchunas, the Senior ETF Analyst at Bloomberg, the firm has presented a substantial update to its spot bitcoin ETF prospectus, addressing various topics that the regulators previously asked the ETF issuers to talk about.

Primarily, ARK Investment acknowledged the SEC’s comments on the Net Asset Value (NAV) calculations, alleging that the Net Asset Value calculation does not comply with the Generally Accepted Accounting Principles (GAAP). The statement read,

Determining the value of Trust’s bitcoin using the Index is not in accordance with U.S. generally accepted accounting principles (“GAAP”), and therefore is not used in the Trust’s financial statements. The Trust’s bitcoins are carried, for financial statement purposes, at fair value, as required by GAAP.

ARK Investment’s amendment also shed light on the fact that the Trust’s assets with the Custodian wouldn’t co-mingle with the customer assets as the former is stored in “segregated accounts on the Bitcoin blockchain” or, in other terms, the “wallets.” Notably, these revisions in the updated version of the Bitcoin ETF proposal are interpreted as a “good sign, solid progress,” as per the analyst’s tweet. Reiterating the positive signs of the potential ETF approval, Balchunas noted,

One note tho: very poss there will be a few back and forths with SEC on these small but imp details. So I would not say approval imminent but I would say the fact that issuers are in a “back and forth” w SEC on this is hugely positive IMO.

Despite the SEC’s delay in the Bitcoin spot ETF approval, following the recent Grayscale favored court ruling against the SEC’s rejection of Grayscale’s ETF application, the crypto community remains optimistic about an imminent ETF approval. Following the court ruling, companies, including Grayscale, have urged regulators to approve their ETF application immediately.