SEC Comment Letter 0000000000-23-009818 to Bitwise 10 Crypto Index Fund (BITW) (CIK 0001723788) (BITW)
Bitwise 10 Crypto Index Fund (BITW) (CIK 0001723788)
Date: Sept. 6, 2023 · CIK: 0001723788 · Accession: 0000000000-23-009818
AI Filing Summary & Sentiment
File numbers found in text: 000-56270
Letter
United States securities and exchange commission logo September 6, 2023 Paul Fusaro Chief Operating Officer Bitwise 10 Crypto Index Fund 400 Montgomery Street Suite 600 San Francisco, CA 94104 Re:Bitwise 10 Crypto Index Fund Form 10-K for the Fiscal Year Ended December 31, 2022 Filed February 24, 2023 File No. 000-56270 Dear Paul Fusaro: We have limited our review of your filing to the financial statements and related disclosures and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to these comments within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comments apply to your facts and circumstances, please tell us why in your response. After reviewing your response to these comments, we may have additional comments. Form 10-K for the Fiscal Year Ended December 31, 2022 Item 9A. Controls and Procedures Managements Report on Internal Control Over Financial Reporting, page 106 1.You state that you have not included the Management's Report on Internal Control over Financial Reporting due to a transition period established by the rules of the SEC for newly public companies. The instructions to Regulation S-K, Item 308, permit the omission until you have filed an annual report in the prior fiscal year. You filed an annual report for your fiscal year ended December 31,2021. Please amend your Form 10-K for the fiscal year ended December 31, 2022 to include your Management's Report on Internal Control over Financial Reporting, or advise us otherwise.
FirstName LastNamePaul Fusaro Comapany NameBitwise 10 Crypto Index Fund September 6, 2023 Page 2 FirstName LastName Paul Fusaro Bitwise 10 Crypto Index Fund September 6, 2023 Page 2 Exhibits 2.You have omitted the language in paragraph 4 and 4(b) referring to internal control over financial reporting in your certifications of principal officers pursuant to Rule 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934 in Exhibits 31.1 and 31.2 of your Form 10-K for the Fiscal Year Ended December 31, 2022 and Forms 10-Q for the quarterly periods ended March 31, 2023 and June 30, 2023. Please amend your filings to include the certifications exactly as set forth in Regulation S-K, Item 601(b)(31)(i), or advise us otherwise. Refer to question 246.13 of the Compliance and Disclosure Interpretations for Regulation S-K, updated August 25, 2023. In closing, we remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff. You may contact Rolf Sundwall at 202-551-3105 or David Irving at 202-551-3321 with any questions. Sincerely, Division of Corporation Finance Office of Crypto Assets
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United States securities and exchange commission logo
September 6, 2023
Paul Fusaro
Chief Operating Officer
Bitwise 10 Crypto Index Fund
400 Montgomery Street
Suite 600
San Francisco, CA 94104
Re:Bitwise 10 Crypto Index Fund
Form 10-K for the Fiscal Year Ended December 31, 2022
Filed February 24, 2023
File No. 000-56270
Dear Paul Fusaro:
We have limited our review of your filing to the financial statements and related
disclosures and have the following comments. In some of our comments, we may ask you to
provide us with information so we may better understand your disclosure.
Please respond to these comments within ten business days by providing the requested
information or advise us as soon as possible when you will respond. If you do not believe our
comments apply to your facts and circumstances, please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
Form 10-K for the Fiscal Year Ended December 31, 2022
Item 9A. Controls and Procedures
Managements Report on Internal Control Over Financial Reporting, page 106
1.You state that you have not included the Management's Report on Internal Control over
Financial Reporting due to a transition period established by the rules of the SEC for
newly public companies. The instructions to Regulation S-K, Item 308, permit the
omission until you have filed an annual report in the prior fiscal year. You filed an annual
report for your fiscal year ended December 31,2021. Please amend your Form 10-K for
the fiscal year ended December 31, 2022 to include your Management's Report on Internal
Control over Financial Reporting, or advise us otherwise.
FirstName LastNamePaul Fusaro
Comapany NameBitwise 10 Crypto Index Fund
September 6, 2023 Page 2
FirstName LastName
Paul Fusaro
Bitwise 10 Crypto Index Fund
September 6, 2023
Page 2
Exhibits
2.You have omitted the language in paragraph 4 and 4(b) referring to internal control over
financial reporting in your certifications of principal officers pursuant to Rule 13a-14(a)
and 15d-14(a) under the Securities Exchange Act of 1934 in Exhibits 31.1 and 31.2 of
your Form 10-K for the Fiscal Year Ended December 31, 2022 and Forms 10-Q for the
quarterly periods ended March 31, 2023 and June 30, 2023. Please amend your filings to
include the certifications exactly as set forth in Regulation S-K, Item 601(b)(31)(i), or
advise us otherwise. Refer to question 246.13 of the Compliance and Disclosure
Interpretations for Regulation S-K, updated August 25, 2023.
In closing, we remind you that the company and its management are responsible for the
accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or
absence of action by the staff.
You may contact Rolf Sundwall at 202-551-3105 or David Irving at 202-551-3321 with
any questions.
Sincerely,
Division of Corporation Finance
Office of Crypto Assets