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  • Ether ETFs Filing Update: SEC Action Signals Potential Approval
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Ether ETFs Filing Update: SEC Action Signals Potential Approval

Jane Kariuki 21 May 2024
Ethereum coins on a blue background
  • The SEC has accelerated its review of 19b-4 filings for ether exchange-traded funds (ETFs), suggesting potential progress towards approval despite previous expectations of rejection.
  • Analysts have adjusted their odds for approval, though uncertainty remains as the SEC continues to assess whether ether should be classified as a security, a decision that could influence the fate of these ETF applications.

In the dynamic world of cryptocurrency investing, the potential approval of Ethereum exchange-traded funds (ETFs) has captured the attention of market participants and regulators alike. Recent developments suggest that while progress has been made, final approval remains uncertain.

The U.S. Securities and Exchange Commission (SEC) has recently pushed forward with the evaluation of 19b-4 filings for ether ETFs, requiring updates from exchanges looking to list these products. This move, coming just ahead of a key deadline, marks a surprising turn of events, considering the prevailing expectation of imminent rejections.

Three individuals familiar with the matter disclosed to CoinDesk that the SEC’s acceleration of 19b-4 filings indicates a proactive approach, hinting at a potential green light for these applications. However, it is crucial to note that this procedural advancement does not guarantee final authorization.

The SEC’s consideration of ether’s regulatory status looms large over these deliberations. Following Ethereum’s transition to a proof-of-stake mechanism, the SEC initiated a formal inquiry to determine if ether should be classified as a security. This classification could significantly impact the approval of spot ether ETFs, potentially influencing the SEC’s decision-making process.

Bloomberg Intelligence analysts Eric Balchunas and James Seyffart initially adjusted their estimation of ETF approval odds from 25% to 75% following indications of a more favorable regulatory stance. However, they later clarified that this change specifically related to the 19b-4 filing approvals, not the final ETF approval.

The spotlight is currently on VanEck’s spot ether ETF, with a decision expected by May 23rd. This decision could set a precedent for future ether ETFs seeking SEC approval. Companies engaged in discussions with the SEC have expressed cautious optimism, noting a shift from previous perceptions of regulatory inertia.

In the meantime, Prometheum has launched an ether custody service, underscoring growing institutional interest in the digital asset. This move is significant, particularly as Prometheum plans to expand its services to include other digital assets treated as securities in the U.S.

While progress is evident in the SEC’s handling of 19b-4 filings, the road to approving ether ETFs remains uncertain. Issuers must navigate additional hurdles, including the approval of S-1 applications, before these products can be traded on the market. This process is not bound by a strict timeline, adding to the complexity of forecasting final SEC decisions.

As the regulatory landscape evolves and the SEC continues its deliberations, market participants are eagerly anticipating the potential launch of ether ETFs. However, investors and issuers alike should remain vigilant, recognizing that while progress has been made, definitive approval is not guaranteed.

A Crucial Decision Looms

The upcoming decision on the VanEck spot ether ETF will be closely watched, potentially paving the way for future cryptocurrency ETF approvals in the U.S.

About the Author

Jane Kariuki

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