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Bitwise Files for First Dogecoin ETF Under ’33 Act, Setting New Path for Memecoin Investment

Bitwise Files for Dogecoin ETF Using Securities Act of 1933 Framework, Marking New Approach to Crypto Investment Products

  • Investment manager Bitwise submitted S-1 documentation to launch a Dogecoin ETF with the SEC.
  • The filing differs from recent submissions by Rex Shares and Osprey Funds as it uses the ’33 Act rather than the ’40 Act framework.
  • The ’33 Act structure typically applies to commodity-based ETFs with fewer regulatory requirements.
  • A separate 19b-4 filing remains necessary to establish exchange listing rules.
  • Market conditions appear favorable for memecoin ETFs following recent cryptocurrency policy shifts.

Bitwise Asset Management has filed documentation with the Securities and Exchange Commission (SEC) to create an exchange-traded fund tracking dogecoin’s price movements, according to a regulatory filing submitted Tuesday.

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Strategic Filing Approach

The asset manager’s S-1 registration statement employs the Securities Act of 1933 framework, distinguishing it from similar recent applications. As noted by Bloomberg Intelligence analyst Eric Balchunas, this approach differs from Rex Shares and Osprey Funds, which filed under the Investment Company Act of 1940. The ’33 Act structure typically governs commodity-based investment products with lighter regulatory requirements.

Regulatory Requirements

While the S-1 filing marks an initial step, Bitwise must still submit a Form 19b-4 filing, which outlines necessary exchange rule modifications for listing the proposed ETF. This additional document triggers specific SEC review timelines and represents a critical component of the approval process. The firm currently manages several cryptocurrency ETFs and maintains pending applications, including one for an XRP-based fund.

Market Context

The timing of this filing coincides with shifting regulatory attitudes toward cryptocurrency investment products. The recent approval of spot Bitcoin ETFs in January 2024 established a precedent for cryptocurrency-based exchange-traded products. The dogecoin ETF proposal represents an expansion beyond traditional cryptocurrency assets into the memecoin category, reflecting evolving market demands and regulatory perspectives in the digital asset space.

Investment products tied to memecoins mark a significant departure from previous regulatory stances, particularly under former SEC Chair Gary Gensler’s administration, which maintained strict oversight of cryptocurrency investment vehicles. The changing regulatory environment suggests increased receptivity to diverse cryptocurrency investment products.

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