21Shares Crypto Index ETF Launches Under 40 Act: Ushering in a New Era for Digital Assets

Background Overview: Understanding 21Shares and the “40 Act”

Founded in 2018, Swiss investment management company 21Shares specializes in bringing crypto assets to traditional markets through ETPs and ETFs. The “40 Act” refers to the Investment Company Act of 1940, the U.S. Securities and Exchange Commission’s (SEC) main regulatory framework for mutual funds and most conventional ETFs. In contrast, the Securities Act of 1933 (“33 Act”) is more commonly used for crypto asset products. 21Shares’ newly announced offerings are among the first crypto index ETFs regulated under the 40 Act and listed in the U.S.

Product Highlights: Index ETF Structure and Underlying Assets

21Shares has introduced two funds:

• TTOP (21Shares FTSE Crypto 10 Index ETF), tracking the FTSE Crypto 10 Select Index and representing the top 10 digital assets by market capitalization.
• TXBC (21Shares FTSE Crypto 10 ex-BTC Index ETF), which excludes Bitcoin and focuses on other blockchain networks.

Both funds rebalance quarterly to align with changes in the underlying index composition. TTOP charges a management fee of approximately 0.50%, while TXBC’s fee is 0.65%. Unlike traditional ETFs that track single assets such as Bitcoin or Ethereum, these index products offer diversified exposure. This reduces risk from individual asset volatility.

Market Reaction at Launch: Pricing and Investor Sentiment

21Shares’ launch is widely seen as a milestone in merging crypto assets with traditional finance. Reuters reports that this marks the debut of the first crypto index ETFs listed in the U.S. and regulated under the 40 Act. 21Shares has not yet broadly disclosed detailed fund trading data, but industry coverage suggests investor sentiment improved notably with the launch, as regulatory risk declined and product structures became more familiar. For retail investors, the launch of these ETFs may lower entry barriers to the crypto market. For institutions, it enables digital asset allocation within a regulated framework.

Implications for Retail and Institutional Investors

For retail investors:

• Can participate via standard brokerage accounts, with no need to handle wallets or manage private keys. As 21Shares states: “No need to manage multiple wallets, tokens, chains, or bridges.”
• Diversification means investments are not restricted to a single cryptocurrency, which helps manage risk.
• However, crypto assets remain highly volatile and the market is still developing.

For institutional investors:

• The 40 Act structure closely mirrors traditional fund ETFs, which aligns with the preferences of institutional investors.
• Digital assets can serve as an alternative asset class for portfolio diversification.
• This structure also introduces ongoing challenges related to compliance, audit, custody, and disclosure processes.

Risk Considerations and Future Outlook

While 21Shares’ listing signals positive momentum for the industry, investors should be aware of the following risks:

• If the underlying assets perform poorly, the fund may incur steep losses. 21Shares itself highlights many risks in official disclosures.
• Despite the 40 Act structure, crypto assets may face evolving regulatory, tax, and settlement mechanisms.
• The market is still developing. Liquidity, pricing methods, and asset identification practices remain underdeveloped.

Looking ahead:

• If 21Shares’ index ETFs are successful, more asset managers may launch similar products, accelerating crypto’s entry into mainstream finance.
• For Asian investors, while these ETFs are U.S.-listed, the trend could drive global regulatory shifts and product supply.
• This development may signal a pivotal shift from retail crypto trading to institutional portfolio allocation.