The First “40 Act” Crypto Index ETFs Arrive: Why 21Shares Is Leading the Way

Why choose the “40 Act” structure? Analysis of regulatory advantages

In traditional financial markets, funds and ETFs mostly adopt the framework of the Investment Company Act of 1940 (“40 Act”), as it sets strict requirements for investor protection, governance structure, and information disclosure.

In contrast, many early crypto assets products adopted a looser structure, so the regulatory intensity is not as strong as that of traditional ETF.

21Shares chooses to launch a Crypto Assets index ETF under the “40 Act”, with strategic significance in:

• Make encryption products closer to the regulatory systems commonly used by institutions;
• Enhance investors’ sense of security regarding the product.
• Enhance the willingness of traditional financial institutions to participate in Crypto Assets.

Core Products: TTOP & TXBC Mechanism and Investment Targets

The two ETFs launched by 21Shares are:

• TTOP: Tracks an index composed of the top 10 Crypto Assets, including mainstream assets like Bitcoin and Ethereum.
• TXBC: Excludes Bitcoin and focuses solely on the top market cap assets in other blockchain ecosystems.

Both products have the following features:

• Quarterly rebalancing: Regularly adjusting asset weights to reflect changes in market structure.
• Index Transparency: Utilizing standardized index compilation to make the investment process objective and transparent;
• Reasonable fees: TTOP management fee is approximately 0.50%, TXBC management fee is approximately 0.65%, which is in the common range among similar ETFs.

For investors, it represents:

• No need to choose crypto assets yourself, just buy the ETF to gain diversified exposure;
• No need to manage complex operations such as wallets, exchanges, cross-chain bridges, etc.
• The operating experience is closer to traditional financial products.

Current market background and price dynamics

The current Crypto Assets market is still experiencing frequent fluctuations, but the trend of its integration with traditional finance is becoming increasingly evident.

21Shares launched the first batch of “40 Act” Crypto Assets Index ETFs, which are widely regarded as a key milestone, demonstrating the gradual openness of regulation towards Crypto Assets and increasing transparency in structure and products.

From market feedback:

• Investor sentiment is generally positive.
• Institutional investors believe that this move lowers the participation threshold.
• Although the trading volume in the initial上市 phase still needs time to observe, the market generally believes that it will attract more “stable funds”, providing support for mid to long-term prices.

Overall, this is an important step for Crypto Assets to transition from a “speculative asset” to a “component of asset allocation.”

Investment opportunities and potential returns

Through index-based encryption ETFs, investors can gain:

Decentralization advantages

No need to bet on a single Crypto Asset, whether it’s BTC, ETH, or other mainstream assets, the index can diversify the risk across multiple projects.

The confidence boost brought by the compliance structure

Institutions are more willing to allocate to ETFs regulated by the 40 Act, rather than unvetted crypto products.

Long-term growth potential

As blockchain technology continues to expand, the smart contract ecosystem develops, and the market value of on-chain projects rises, the value of this type of index ETF is closely related to the industry’s major trends.

If more asset management giants follow suit in the future and more countries open regulatory frameworks, such products are expected to become “blue chip allocation tools” in the crypto market.

Investment Notice: Risk Factors Not to Be Ignored

Despite the product structure being safer, the actual risks cannot be ignored:

• The price of crypto assets is highly volatile: index products will still be affected by market downturns.
• Regulatory change risk: The regulatory environment in the US and globally has not yet stabilized completely.
• Technical risks and market events: On-chain attacks, project failures, liquidity crises, etc. may still lead to index fluctuations;
• ETF ≠ directly holding coins: The rights, taxation, and redemption mechanisms differ from actually holding crypto assets, and investors need to confirm compatibility.

Overall, index ETFs reduce risk while retaining the inherent volatility of Crypto Assets, making them suitable for medium to long-term investors with a moderate risk appetite.