U.S. Regulation

Grayscale HBAR ETF Advances as Nasdaq Submits 19b-4 Filing to SEC

Nasdaq has officially submitted a 19-b 4 form to the SEC seeking approval to list and trade the Grayscale Hedera Trust (HBAR) shares. This filing is a standard step in the HBAR exchange-traded fund (ETF) approval process. The exchange classifies the shares as Commodity-Based Trust Shares under Nasdaq Rule 5711(d). This aligns them with regulated investment vehicles like spot Bitcoin (BTC) ETF.

The filing marks the latest development in a series of efforts to bring Hedera into the regulated financial spotlight. The proposal was submitted under Section 19(b)(1) of the Securities Exchange Act 1934. This allows exchanges to request rule changes to list new financial instruments.

“The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest in that it will facilitate the listing and trading of Shares that will enhance competition among market participants, to the benefit of investors and the marketplace,” the filing read.

Nasdaq’s move follows a similar application on behalf of Canary Capital. The asset manager has also been pursuing an HBAR-based ETF.  Canary Capital first submitted an S-1 application on November 12, 2024. This was followed by a 19b-4 application in late February, marking its own advancement in the ETF approval pipeline. At present, neither Grayscale’s nor Canary Capital’s HBAR ETF proposal has been published in the Federal Register. This means both remain in a preliminary review stage. 

The SEC is currently evaluating whether the filings meet procedural and completeness requirements before determining the next steps. Once published, the proposals will enter a 45-day initial review period, during which the SEC can approve, deny, or extend the evaluation timeline. If the SEC needs more time, it may extend the review process for up to 240 days before making a final decision.

If approved, the Grayscale and the Canary Capital HBAR ETF would offer investors a regulated pathway to gain exposure to HBAR without directly holding the asset. This reflects a growing trend of institutional interest in cryptocy-based investment products. Meanwhile, HBAR previously saw a fleeting 10% price surge following the news of Nasdaq’s filing for Canary Capital’s ETF. Nonetheless, the latest development has failed to generate a similar market response. 

Terron Gold

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