An application for a Bitwise XRP exchange-traded fund (ETF) has appeared on the State of Delaware’s Division of Corporations website. According to the filing, the Bitwise XRP ETF was incorporated on Sept. 30, 2024. The registered agent was listed as CSC Delaware Trust Company, which is headquartered in Wilmington, Delaware.

A Bitwise spokesperson confirmed to Cointelegraph that the asset manager had registered the fund trust entity.

The Delaware registration is a first step and does not necessarily mean an application with the United States Securities and Exchange Commission (SEC) is imminent. A formal SEC filing could take months.

According to the filing, the Bitwise XRP ETF trust was registered on Sept. 30. The registered agent was listed as CSC Delaware Trust Company, headquartered in Wilmington, Delaware.

This comes just months after Ripple’s CEO, Brad Garlinghouse, hinted about such a financial product, describing an XRP ETF as “inevitable” following the US launch of Bitcoin and Ether ETFs. 

Bitwise’s filing. Source: Delaware’s Department of State

The approval of an XRP ETF would allow institutional investors exposure to the cryptocurrency through a regulated investment vehicle, potentially boosting its liquidity and token adoption.

Rumors have circulated about an XRP ETF launch in recent months. In November 2023, the price of XRP surged by 12% after a fake filing for a “BlackRock iShares XRP Trust” in Delaware sparked speculation. 

The application was later denied by BlackRock, and Delaware prosecutors are looking into the deceptive filing.

SEC and Ripple

The Delaware filing follows years of legal disputes between the SEC and XRP token issuer Ripple Labs. In 2020, the SEC sued Ripple, alleging that its sale of XRP constituted an unregistered securities offering. 

Almost three years later, in July 2023, Judge Analisa Torres ruled that XRP is not a security when sold on public exchanges, providing Ripple with a partial victory. Still, the ruling indicated that institutional sales of XRP could qualify as securities offerings.

The latest development in the case occurred in September, when both parties jointly requested a stay on the case’s final judgment pending the outcome of an SEC appeal. A stay could allow the court to pause further proceedings until the appeal is resolved. 

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