SEC’s Treatment of Crypto ETFs Challenged by BlackRock

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BlackRock, one of the largest investment management firms globally, is challenging the U.S. Securities and Exchange Commission (SEC) on the treatment of cryptocurrency exchange-traded funds (ETFs). The central issue at hand is how the SEC distinguishes between spot-crypto and crypto-futures ETFs. Let’s dive into the details of this intriguing clash of perspectives.

TL;DR:

BlackRock challenges the SEC’s differentiation between crypto futures and spot ETFs.
The firm questions why the SEC denies spot-crypto ETFs while approving crypto futures ETFs.
SEC cites regulatory preferences for crypto futures ETFs under the 1940 Act.
BlackRock argues that these distinctions lack relevance in the context of cryptocurrency ETFs.
The clash has significant implications for the future of cryptocurrency investments.

The Spot-Crypto vs. Crypto-Futures Debate

BlackRock’s entry into the cryptocurrency ETF arena is significant, particularly because it brings attention to how the SEC treats ETF applications. BlackRock has questioned the SEC’s approach, arguing that the regulatory body doesn’t have a valid reason to differentiate between spot-crypto and crypto-futures ETFs.

In its application for the “iShares Ethereum Trust,” BlackRock challenged the SEC’s decision to repeatedly deny spot-crypto ETF applications. The company pointed out that the SEC has approved ETFs offering exposure to ETH futures, which are inherently linked to the underlying spot ETH market. BlackRock believes that if the SEC greenlights ETFs based on ETH futures, it should also approve ETFs tied to spot ETH.

Why Does the SEC Favor the 1940 Act over the 1933 Act?

The SEC’s stance on this matter stems from regulatory distinctions between the 1940 Act (applying to futures ETFs) and the 1933 Act (covering spot ETFs). The securities regulator has indicated that it favors the 1940 Act due to what it perceives as superior regulation and consumer protections for crypto futures ETFs.

Moreover, the SEC seems to prioritize regulation and surveillance-sharing agreements with entities like the Chicago Mercantile Exchange (CME) over other digital asset futures markets.

BlackRock’s Counterargument

BlackRock, however, contends that the SEC’s preference for the 1940 Act lacks relevance in this context. The firm emphasizes that the 1940 Act places restrictions on ETFs and ETF sponsors but not on the underlying assets, whether they are ETH futures or spot ETH.

In BlackRock’s view, there’s no substantial difference between the registration of ETH futures ETFs under the 1940 Act and the registration of spot ETH ETPs under the 1933 Act when it comes to proposals related to ETH-based ETPs.

The Path Forward

BlackRock’s challenge to the SEC’s distinctions raises intriguing questions about the future of cryptocurrency ETFs. As the SEC has already approved crypto futures ETFs through the CME, BlackRock argues that the regulator has acknowledged the effectiveness of CME surveillance in detecting spot-market fraud that could impact spot ETFs.

In essence, BlackRock suggests that the SEC lacks a valid reason to deny their ETF application based on its current regulatory framework.

Many cryptocurrency and ETF analysts believe that the approval of a spot crypto ETF, potentially related to Bitcoin, is on the horizon. Bloomberg ETF analysts James Seyffart and Eric Balchunas even predict a 90% chance of approval before January 10 next year.

The clash between BlackRock and the SEC is one to watch closely as it could have significant implications for the broader cryptocurrency investment landscape.

Source: CoinTelegraph

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