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SEC’s Upcoming Verdict on Bitcoin ETFs Could Steer Crypto Regulation Landscape

SEC’s Upcoming Verdict on Bitcoin ETFs Could Steer Crypto Regulation Landscape

Anticipating the SEC’s Call on Bitcoin ETFs

November 2023 may well become a decisive month for the world of decentralized finance as the United States Securities and Exchange Commission (SEC) is poised to issue rulings on two significant Bitcoin exchange-traded funds (ETFs). The ETFs awaiting judgement are the Hashdex Bitcoin ETF (DEFI) and the Franklin Bitcoin ETF. Their fate will be determined by November 17th, 2023, with a second assessment slated for January 1st, 2024.

While the predetermined deadlines stand, it is vital to note the SEC retains the discretion to reveal the results earlier than the specified dates. These impending decisions could set a precedent for the regulatory trajectory of cryptocurrency ETFs, thereby commanding the undivided attention of both investors and industry enthusiasts alike.

Hashdex Bitcoin ETF Sets a Novel Precedent

A case of unique interest amidst this regulatory limbo lies with the rather novel Hashdex Bitcoin ETF. This innovative financial product has been trading since September 2022, making waves within crypto venues. More significant than its early trading onset, however, is the legal pathway its creators chose. Unlike many of their counterparts, Hashdex opted to file DEF1 under the Securities Act of 1933 instead of the more contemporary Investment Company Act of 1940.

This deviation from the norm may have profound implications. It is of note, SEC Chair Gary Gensler has frequently vocalized a preference for the Act of 1940, appreciating its enhanced investor protection measures. Therefore, the Hashdex Bitcoin ETF’s distinctive filing approach could pave the way for considerable regulatory discourse concerning investor protection in the realm of crypto-assets and potentially influence similar cases in the future.

Spot Bitcoin ETF: A Future in Limbo

Increasing significance of the prospective verdict on Hashdex Bitcoin ETF is the argument it erects for a much-anticipated ‘spot’ Bitcoin ETF. Traditionally, a spot market involves the purchase or sale of a commodity or currency for immediate delivery and payment.

Such an approval could revolutionize traditional investing and cryptocurrency mechanisms. However, the path to approval might be challenging. Nate Geraci, President of The ETF Store, maintains that a spot product might not gain acceptance until the SEC exercises regulatory oversight of crypto exchanges.

Global X Bitcoin ETF: Yet Another Contender

A third contender that awaits judgement under the watchful eyes of the SEC is a Bitcoin ETF from Global X. In an attempt to mitigate potential regulatory concerns, this ETF declared Coinbase as a surveillance-sharing partner. Their verdict is expected a few days after the other two, by November 21st.

Regardless of the outcomes, the SEC’s decisions will undoubtedly cast a significant influence on the cryptosphere, potentially altering the course of its regulatory landscape significantly.

As we delve into these regulatory waters, the crypto industry and investors alike eagerly await whether these ETFs will open new avenues for blockchain-based products or if the continued struggle for acceptance within the traditional financial fabric will persist.


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