Valkyrie filed its application using the Securities Exchange Act of 1934, filing a 19b-4 form with the SEC. Most of the previously-approved bitcoin futures ETFs filed by other companies were under the Investment Company Act of 1940, which follows a slightly different regulatory pathway to approval. Valkyrie is the second ETF to win approval with the older law, following Teucrium. Both companies also filed under the so-called “33 Act.”
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