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Notice2021-282552021-12-29

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Disapproving a Proposed Rule Change To List and Trade Shares of the Kryptoin Bitcoin ETF Trust Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares

Securities and Exchange Commission

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Securities and Exchange Commission [Release No. 34-93860; File No. SR-CboeBZX-2021-029] I. Introduction On April 9, 2021, Cboe BZX Exchange, Inc. (“BZX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) [ 1 ] and Rule 19b-4 thereunder, [ 2 ] a proposed rule change to list and trade shares (“Shares”) of the Kryptoin Bitcoin ETF Trust (“Trust”) under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares. The proposed rule change was published for comment in the Federal Register on April 28, 2021. [ 3 ] On June 9, 2021, pursuant to Section 19(b)(2) of the Exchange Act, [ 4 ] the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the proposed rule change. [ 5 ] On July 23, 2021, the Commission instituted proceedings under Section 19(b)(2)(B) of the Exchange Act  [ 6 ] to determine whether to approve or disapprove the proposed rule change. [ 7 ] On September 29, 2021, the Commission designated a longer period for Commission action on the proposed rule change. [ 8 ] This order disapproves the proposed rule change. The Commission concludes that BZX has not met its burden under the Exchange Act and the Commission's Rules of Practice to demonstrate that its proposa

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Citation: 86 FR 74166