Homburger advises DWS on Crypto ETPs
The Swiss special purpose issuance vehicle Xtrackers Digital Markets ETC AG, simultaneously launched two series of crypto-linked Exchange Traded Products (ETPs). This falls under its program for the issuance of cryptocurrency-focused ETPs for professional and retail investors in Europe. The Xtrackers Galaxy Physical Bitcoin ETC Securities (XXBT) and the Xtrackers Galaxy Physical Ethereum ETC Securities (XETH), are listed on Deutsche Börse Xetra since April 4, 2024. State Street acts as the issuing and paying agent as well as the administration agent on these ETPs. XXBT and XETH are physically backed, and the underlying collateral is held through two cryptocurrency custodians: Zodia Custody and Coinbase.
DWS Investments UK Limited (DWS), a UK based asset manager, is part of DWS Group (being part of Deutsche Bank group) with EUR 896 bn of assets under management as of December 31, 2023. DWS is acting as arranger under the program and have partnered with US-based digital assets manager Galaxy Digital as crypto advisor and execution agent under the program.
Homburger advised DWS on this transaction with respect to aspects of Swiss law and regulations, including listing regulations. The Homburger team comprised of Benjamin Leisinger (pictured), Philipp Klein and Alexander Wherlock (all capital markets and investment products) as well as Stefan Oesterhelt and Philippe Gobet (tax).