Transcription of LLP - sec.gov
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LLP - sec.gov
DRAFT. Davis Polk & Wardwell LLP. 450 Lexington Avenue New York, NY 10017. November 29, 2021. Re: File No. SR-NYSEArca-2021-90. Rel. No. 34-93504. Notice of Filing of Proposed Rule Change to List and Trade Shares of Grayscale Bitcoin Trust (BTC). under NYSE Arca Rule (November 2, 2021). Ms. Vanessa Countryman Secretary Securities and Exchange Commission 100 F Street NE. Washington, DC 20549-0609. Dear Ms. Countryman: We write on behalf of our client Grayscale Investments, LLC, sponsor of the Grayscale Bitcoin Trust (BTC), in support of the proposal by NYSE Arca Inc. pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 (as amended, the Exchange Act ) to list shares of BTC under NYSE Arca Rule as an exchange-traded product ( ETP ).
to permit unfair discrimination between customers, issuers, brokers, or dealers[.]”20 Although the Commission has articulated various showings a listing exchange could make, in theory, to meet its Section 6(b)(5) burden, as discussed below no exchange seeking to list a spot Bitcoin ETP has ever been able to satisfy the Commission’s criteria.21
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