Transcription of LLP - sec.gov
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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 ).1. The Commission has no basis for the position that investing in the derivatives market for an asset is acceptable for investors while investing in the asset itself is not.
1 In this letter, we use the generic term “ETP” to cover exchange-traded investment vehicles that are required to register under the Investment Company Act of 1940 (as amended, the “1940 Act”), also commonly referred to as “exchange-traded funds” …
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