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SEC in Talks Over Technicalities with Spot Crypto ETF Applicant

By Craig Green
Dec 8, 2023
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Reports from industry insiders revealed discussions between SEC officials and various asset managers regarding the potential approval of Bitcoin Exchange-traded funds (ETFs), as stated in a Reuters report on December 7. The talks supposedly revolve around critical technical aspects connected to the listing of spot Bitcoin ETF shares on U.S. exchanges. Historically, the SEC has not granted approval for any spot cryptocurrency exchange-traded products, continually delaying decisions on applications to the maximum allowable extent.

In a move shedding light on these discussions, the SEC memo from November indicated separate meetings between the SEC and representatives from BlackRock and Grayscale. Several prominent asset managers, including Hashdex, ARK 21Shares, Invesco Galaxy, VanEck, and Fidelity, have applied for the listing of spot Bitcoin (BTC) or Ethereum (ETH) ETFs.

Adam Berker, senior legal counsel at Mercuryo, noted that the potential approval of such an ETF could bring positive developments to the cryptocurrency market, potentially triggering substantial growth. Berker emphasized that approving the ETF could simplify the process for traditional finance (TradFi) investors to access crypto assets. Additionally, endorsement and participation from major entities like Fidelity and BlackRock might attract significant institutional capital into the crypto market.

However, the fate of a potential spot Bitcoin ETF approval remains uncertain, and analysts like Bloomberg's James Seyffart have speculated on potential scenarios. Seyffart suggested that if the SEC decides to support one or the other, it could potentially approve funds from multiple companies simultaneously in January.

Inside and outside the cryptocurrency realm, there have been criticisms directed at SEC Chairman Gary Gensler for his approach in classifying certain tokens as securities. Notably, the commission has initiated legal actions against Terraform Labs, Ripple, Coinbase, and Binance, drawing scrutiny and debate within the industry and beyond.

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