• Dapps:16.23K
  • Blockchains:78
  • Active users:66.47M
  • 30d volume:$303.26B
  • 30d transactions:$879.24M

Challenges in SEC Approval Process for Spot Ethereum Exchange-Traded Funds

user avatar

by Giorgi Kostiuk

2 years ago


Understanding the SEC's Approval Process for Ethereum ETFs
  • There are significant controversies and uncertainties surrounding the Securities and Exchange Commission's (SEC) review of spot Ethereum (ETH) exchange-traded funds (ETFs).

  • The debate over the integration of staking in the filings and the application of the Howey Test to staking remain key points of contention.

The SEC's evaluation process for approving spot Ethereum (ETH) exchange-traded funds (ETFs) is mired in controversies and ambiguities.

There is a lack of consensus in the cryptocurrency industry regarding whether the news signifies an approval, given that the SEC has not yet authorized the products for trading.

However, the primary issue revolves around the inclusion of staking in the filings.

Staking – A Central Point of Disagreement

Staking has emerged as a contentious matter for spot ETH ETFs, with varying interpretations of the Howey Test concerning staking leading to disagreements.

The SEC contends that staking fulfills all four criteria to be deemed an investment contract, thereby falling under its regulatory purview.

Conversely, some argue that staking resembles more of a technical service, involving the locking of crypto tokens to safeguard the network's functionality.

They assert that rewards are inherent in the smart contract itself, rather than resulting from the efforts of validators or developers.

This ongoing debate has sparked skepticism toward the SEC's seeming concession, hinting that the agency might have reluctantly admitted defeat on the ETFs while retaining alternative regulatory tools.

Consequently, premature celebrations of victory by Ethereum advocates may be unwarranted.

The trading of ETFs necessitates approval of the S-1 filings.

Although BlackRock has reportedly revised its S-1 filing, indicating a positive development, an expeditious decision is not certain.

The approval could materialize in the coming month or extend over several months due to the political uncertainties prevailing in the U.S. this year.

The recent hurried approval of 19b-4 is believed to be politically driven, given the recent enactment of the crypto-centric FIT21 bill by the House with robust Democratic backing.

Nonetheless, the forthcoming U.S. government's regulatory stance on crypto remains precarious post this year's presidential election, elevating uncertainties.

Upon ETFs commencing trading, a surge in ETH price is anticipated, potentially triggering the much-awaited 'altseason'.

However, the assumption that all cryptocurrencies will benefit equally may be misplaced.

The spotlight is projected to shine predominantly on the Ethereum ecosystem, rather than other blockchains, implying that expectations for swift approvals of spot ETFs tracing other cryptos like Solana, XRP, etc., should be moderated.

Even with a spot ETH ETF, most altcoins will continue to pose high speculation risks influenced by sentiments and retail enthusiasm.

Contrary to Bitcoin, institutional interest in Ethereum is uncertain.

Given the prevailing uncertainties regarding staking, institutional investors are likely to pursue a cautious approach.

Amid regulatory and political ambiguities, a pragmatic investor stance is advisable as we engage in a period of prolonged regulatory examination, political positioning, and opacity.

Markets typically respond to such scenarios with volatility, indicating that a decline in ETH and other altcoins is as probable in the foreseeable future as a surge.

The market outlook will hinge significantly on the election outcome and the evolution of the SEC's attitude toward staking.

Readying for various eventualities is imperative for a successful investment or trading strategy, given the heightened risks of being on the wrong side of the trade in binary outcome scenarios.

It is apparent that the SEC is persistent in its endeavors to classify segments of the crypto sphere as securities, and staking might potentially represent a compromise too far for the regulator.

0

Rewards

chest
chest
chest
chest

More rewards

Discover enhanced rewards on our social media.

chest

Other news

USDP's Gains Signal Political Shift in Myanmar

chest

The USDP's performance in the 2026 election demonstrates a notable political shift compared to past elections.

user avatarMohamed Farouk

Military-Backed USDP Dominates Myanmar's 2026 Election

chest

The final phase of Myanmar's election concluded on January 25, 2026, with the military-backed USDP securing significant victories.

user avatarBayarjavkhlan Ganbaatar

Nvidia Dominates Data Center GPU Market with 92% Share

chest

Nvidia currently holds a remarkable 92% market share in the data center GPU sector, primarily due to its advanced Blackwell and Rubin chips, which provide significant energy efficiency and cost reductions.

user avatarElias Mukuru

Alex Honnold Attempts Free Solo Climb of Taipei 101

chest

Professional climber Alex Honnold is attempting a historic free solo climb of Taipei 101, aiming to become the first to achieve this ascent without safety gear.

user avatarDiego Alvarez

CryptoAppsy Debuts to Streamline Cryptocurrency Management.

chest

CryptoAppsy is a new app for iOS and Android that simplifies cryptocurrency market navigation with real-time data and personalized features.

user avatarKenji Takahashi

USD1 Overtakes PayPal's PYUSD in Market Cap

chest

USD1, a cryptocurrency backed by the Trump family, has recently surpassed PayPal's PYUSD in market capitalization, reaching an impressive 44 billion compared to PYUSD's 375 billion.

user avatarMaria Fernandez

Important disclaimer: The information presented on the Dapp.Expert portal is intended solely for informational purposes and does not constitute an investment recommendation or a guide to action in the field of cryptocurrencies. The Dapp.Expert team is not responsible for any potential losses or missed profits associated with the use of materials published on the site. Before making investment decisions in cryptocurrencies, we recommend consulting a qualified financial advisor.