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SEC Seeks Feedback on Spot Ether ETF Applications

By Hallie Gill
Apr 7, 2024
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The U.S. Securities and Exchange Commission (SEC) has initiated a public comment period regarding proposed rule modifications that would enable the listing and trading of three spot Ethereum Exchange Traded Funds (ETFs). In a notice filed on April 2, the SEC outlined a 21-day window for public feedback following publication in the Federal Register, focusing on ETF proposals from asset management firms Bitwise, Fidelity, and Grayscale. Bitwise and Grayscale have submitted applications to list and trade ETFs on NYSE Arca and Fidelity, respectively, with the SEC anticipated to reach a final decision on these investment instruments by May.

Bloomberg ETF analyst James Seyffart commented on April 2, noting that there's no indication of any changes within the filing. He emphasized the SEC's routine procedure of soliciting public feedback on 19b-4 applications, clarifying that this process is standard for all ETF applications, regardless of approval status. Seyffart's remarks highlight the SEC's impartial stance toward the Ethereum ETF proposals, indicating that the public comment period doesn't necessarily imply bullish sentiment.

The SEC's approval of several spot Bitcoin ETFs, initially launched in January after thorough scrutiny, garnered attention from investors and media alike, with Chairman Gary Gensler's decisive vote playing a pivotal role. However, analysts speculate that the likelihood of a similar decision regarding Ethereum ETFs may diminish throughout 2024. VanEck's application for an Ethereum spot ETF, set to conclude by May 23, is expected to be the first submission to the SEC, with other asset managers like Hashdex and ARK 21Shares also preparing similar filings.

Reports suggest that an ongoing investigation by the U.S. Securities and Exchange Commission into the Ethereum Foundation could potentially influence the commission's determination regarding the approval or rejection of a spot ETH ETF. The classification of Ethereum as a security amidst the investigation raises concerns, with blockchain firm Consensys submitting a comment letter to the SEC in March to address the regulator's apprehensions regarding potential fraud and market manipulation in the spot ETH ETF domain.

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