SEC Greenlights Ether ETFs, Signaling Major Crypto Milestone

May 27, 2024

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SEC's approval of Ether ETFs marks a significant shift in cryptocurrency regulation and investment opportunities.

The Securities and Exchange Commission (SEC) has taken a monumental step by approving a rule change that allows for the creation of ETFs (Exchange-Traded Funds) that invest in ether, the second-largest cryptocurrency by market capitalization. This decision follows closely on the heels of the SEC's approval of bitcoin ETFs, which have already garnered over $12 billion in net inflows, according to FactSet.


A Landmark Decision in Crypto Regulation


This approval, announced on Thursday, represents a significant shift in the SEC’s approach to cryptocurrency regulation. President Joe Biden's administration has shown a commitment to modernizing federal oversight of digital assets, aiming to balance innovation with consumer protection.


Building on the Success of Bitcoin ETFs


The SEC's decision comes less than six months after the approval of bitcoin ETFs, which have proven highly successful. The industry's positive response to bitcoin ETFs has set a strong precedent, paving the way for ether ETFs. Companies that sponsor bitcoin ETFs, including financial giants like BlackRock, Bitwise, and Galaxy Digital, have already begun the process of launching ether funds.


Market Reaction and Investor Sentiment


The announcement had an immediate, albeit modest, impact on the price of ether, which rose by 2%. This follows a significant 20% surge earlier in the week, driven by anticipation of the SEC’s decision. Despite the positive market sentiment, some investors remain cautious, as the SEC’s rule change approval does not guarantee that all proposed funds will launch immediately.


Technical Details of the Approval


The SEC's order specifically approves applications from various exchanges to list eight different ether funds. However, this order does not directly approve the funds themselves or set a specific date for the ETFs to begin trading. Ether ETFs are expected to start smaller than their bitcoin counterparts. For example, the Grayscale Ethereum Trust currently manages about $11 billion in assets, significantly less than what the firm’s bitcoin fund held before its conversion.


Implications for the Crypto Industry


The approval of ether ETFs is a clear indication that the SEC’s stance towards cryptocurrencies may be softening, particularly after its legal defeat against Grayscale in 2023. This move reflects a growing recognition of the distinct roles that different cryptocurrencies play in the financial ecosystem. Ether, for instance, fuels the Ethereum network, which supports a wide range of applications such as decentralized finance (DeFi) projects, non-fungible tokens (NFTs), and the tokenization of real-world assets like commodities, securities, and real estate.


Legal and Regulatory Challenges


Despite this progress, the SEC’s approach to crypto regulation continues to face scrutiny. The agency’s push to regulate digital assets has been met with resistance from various quarters, including politicians. Recently, the Senate passed a resolution to withdraw an SEC staff bulletin concerning accounting rules for digital assets.


Expert Insights


Richard Kerr, a partner at the law firm K&L Gates, clarified that the SEC's approval for ether ETFs does not automatically extend to other crypto projects on the Ethereum network. "If and when an ether product is approved, it won’t mean that a similar product for other digital assets on the Ethereum platform would be approved," Kerr explained.

Furthermore, the SEC’s lawsuits against Coinbase and Kraken over staking-as-a-service offerings, which the agency considers unregistered securities, have led to modifications in ETF proposals. Major firms like Ark, Fidelity, and Grayscale have updated their filings to exclude staking, which might dampen investor demand for ether ETFs compared to bitcoin ETFs.


Market Expectations and Future Prospects


Steven Lubka, managing director at Swan Bitcoin and head of Swan Private, pointed out that ether ETFs might see less demand than their bitcoin counterparts due to structural differences. "These numbers are not going to match the bitcoin ETF inflows, and there are some structural differences in the product that just make it less attractive overall," Lubka noted.


In conclusion, the SEC's approval of ether ETFs marks a pivotal moment in the crypto industry, signaling a potential shift towards more inclusive and progressive regulation of digital assets. As the market adjusts to these developments, ZELEN Systems will continue to monitor and report on the evolving landscape of cryptocurrency investments.



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