Navigating the Risks of Bitcoin ETFs: What You Need to Know
Published on January 21, 2024
Author : Greg Hauw, Founder & CEO, Ohanae, Inc

Introduction:

The recent approval of nearly a dozen new Bitcoin exchange-traded funds ("ETF") by federal regulators has opened the doors for everyday investors to gain exposure to the world's first and largest cryptocurrency. Financial giants such as Fidelity and BlackRock are now embracing Bitcoin as an investment opportunity, providing a more accessible route for investors. However, the excitement surrounding these ETFs shouldn't overshadow the inherent risks associated with investing in Bitcoin. In this article, we'll delve into the dynamics of Bitcoin ETFs, their features, and the crucial considerations investors should bear in mind.

Understanding Exchange-Traded Funds (ETFs):

Exchange-traded funds, or ETFs, function similarly to mutual funds but are tradable on exchanges like individual stocks. They track the performance of the assets they hold, which can range from diversified portfolios of stocks and bonds to single commodities such as gold, silver, and now, Bitcoin. Initially designed to track broader market indices, ETFs have evolved to cover more niche segments and employ leverage to amplify bets on specific assets.

Bitcoin ETFs Explained:

The newly introduced Bitcoin ETFs are designed to track the price of Bitcoin itself, providing investors with a straightforward way to gain exposure to the cryptocurrency. These ETFs are distinct from their predecessors, which invested in Bitcoin futures contracts. The term "spot" Bitcoin ETF refers to funds that hold the actual cryptocurrency, eliminating the need for derivatives. Spot markets involve the immediate trading of commodities, adding a layer of transparency to the investment.

Investor Protections and Regulatory Considerations:

It's essential to recognize that these Bitcoin products are classified as "exchange-traded products," subject to different regulatory controls compared to standard ETFs. This categorization means they adhere to looser regulations around fees and conflicts of interest. Despite being traded on traditional exchanges, the Securities and Exchange Commission ("SEC") has limited authority to conduct examinations on these products.

Investors should carefully review the prospectus of any Bitcoin ETF they consider. The prospectus outlines the investment's objectives, risks, costs, and other critical information. Notably, these documents emphasize the speculative nature of these securities, emphasizing the potential for a high degree of risk and the possibility of losing the entire investment.

SEC Approval and Investor Safety:

While the SEC's recent approval has made it easier for everyday investors to access Bitcoin through ETFs, it doesn't alter the fundamental risks associated with the cryptocurrency. The SEC's decision was influenced by a federal appeals court ruling that deemed the previous rejection of similar products as inadequately explained. The SEC chair, Gary Gensler, clarified that approving these products doesn't signify an endorsement of Bitcoin, emphasizing its speculative and volatile nature, often associated with illicit activities.

Differentiating Between Bitcoin ETFs:

With 11 new Bitcoin ETFs entering the market simultaneously, investors are presented with a variety of options. Industry giants like BlackRock and Fidelity, along with Cathie Wood's Ark 21Shares Bitcoin ETF and Bitwise, have distinguished themselves with higher trading volumes. Grayscale Bitcoin Trust BTC, having been around for over a decade, converted its established Bitcoin trust into an ETF and holds a substantial $26 billion in assets.

Fees and Costs:

The entrance of numerous Bitcoin ETFs into the market has triggered a pricing war among providers. Fees for these products typically range from 0.19% to 0.39% of assets annually, with many firms waiving fees during an introductory period. While most providers follow this fee structure, Grayscale stands out with a fee of 1.5%. However, significant outflows from the Grayscale fund indicate investor preference for more cost-effective alternatives.

Custodianship and Security:

The Bitcoin held by these ETFs is typically entrusted to third-party custodians. Coinbase, a prominent cryptocurrency exchange platform, is the custodian for most new ETFs, responsible for secure storage and transactions. The reliability of these custodians, particularly Coinbase, is crucial for the overall safety and integrity of these investment products.

Tax Implications:

For tax purposes, the IRS treats Bitcoin and other digital currencies as property, akin to stocks. The tax treatment of Bitcoin ETFs aligns with holding Bitcoin directly. Gains from holdings exceeding one year qualify for capital gains rates, which are generally more favorable than short-term gains taxed as ordinary income.

Financial Planner Perspectives:

Despite the increasing availability of user-friendly and low-cost Bitcoin ETFs, the majority of financial planners remain skeptical. Concerns about the extreme volatility of cryptocurrencies, potential for substantial losses, and the overall uncertainty surrounding the crypto market persist. While some advisors may allocate a small percentage of a client's portfolio to Bitcoin ETFs upon request, many prefer alternative investments with lower volatility to diversify portfolios effectively.

Regulatory Concerns in Retirement Accounts:

Regulators express serious reservations about Americans using their retirement funds to invest in cryptocurrencies. The Labor Department emphasizes the fiduciary duty of retirement plan administrators to choose prudent investment options, cautioning against imprudent options that could compromise the participants' interests. The introduction of Bitcoin ETFs to retirement accounts prompts administrators to study the guidance carefully before exposing participants to crypto-related risks.

Availability and Restrictions:

Not all mainstream institutions embrace Bitcoin ETFs, and those that do often impose restrictions. Vanguard, known for its focus on core building blocks for long-term investment portfolios, refrains from offering Bitcoin ETFs on its brokerage platform. Merrill, a part of Bank of America, limits access to individuals with $10 million in investable assets. Other platforms, such as Schwab and E-Trade, allow Bitcoin ETF trading but with restrictions on short selling and margin trading.

The Future of Crypto-based ETFs:

The recent approval of Bitcoin ETFs has paved the way for potential expansions into other cryptocurrency-based ETFs. Applications for ETFs tracking the spot price of Ether (“ETH”) and additional products predicting Bitcoin's price direction are already in progress. Industry experts anticipate further regulatory approvals, albeit at a cautious pace due to the government's ongoing uncertainty about cryptocurrencies.

Conclusion:

As Bitcoin ETFs become more accessible, investors must approach them with a comprehensive understanding of the associated risks. While these investment products provide a convenient means of entering the cryptocurrency market, they do not eliminate the inherent volatility and uncertainty of Bitcoin. Investors should carefully evaluate their risk tolerance, read the prospectus thoroughly, and consider consulting with financial professionals before venturing into the world of Bitcoin ETFs.

NY Times Article: Bitcoin E.T.F.s Come with Risks. Here’s What You Should Know.

Disclaimer

An offering statement regarding this offering has been filed with the SEC.  The SEC has qualified that offering statement, which only means that the company may make sales of the securities described by the offering statement.  It does not mean that the SEC has approved, passed upon the merits or passed upon the accuracy or completeness of the information in the offering statement.  The offering circular that is part of that offering statement is at https://vdr.ohanae.com/projects/ohanae.  You should read the offering circular before making any investment.

Ohanae Securities LLC is a subsidiary of Ohanae, Inc. and member of FINRA/SIPC. Additional information about Ohanae Securities LLC can be found on BrokerCheck. Ohanae Securities LLC is in discussions with FINRA about exploring the expansion of business lines for the broker/dealer.  Any statements regarding abilities of Ohanae Securities LLC are subject to FINRA approval and there are no guarantees FINRA will approve the broker/dealer’s expansion.

Ohanae Securities is seeking approval to be a special purpose broker-dealer that is performing the full set of broker-dealer functions with respect to digital asset securities – including maintaining custody of these assets – in a manner that addresses the unique attributes of digital asset securities and minimizes risk to investors and other market participants. If approved, Ohanae Securities will limit its business to digital asset securities to isolate risk and having policies and procedures to, among other things, assess a given digital asset security’s distributed ledger technology and protect the private keys necessary to transfer the digital asset security.