• 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

Chiliz 2030 Vision Launch Set to Transform Sports Finance

chest

The Chiliz 2030 Vision aims to integrate real-world assets into the SportFi ecosystem, enhancing fan engagement.

user avatarAndrew Smith

South Korean Cryptocurrency Trading Volume Sees Surge and Stabilization

chest

The combined trading volume on South Korea's major exchanges saw a significant increase, followed by a correction in 2025, indicating market maturation.

user avatarJacob Williams

South Korean Cryptocurrency Traders Surge by 70% in Three Years

chest

The number of cryptocurrency traders in South Korea has surged by 70% over the past three years, indicating a significant shift in the financial landscape.

user avatarZainab Kamara

Sui Ecosystem Achieves 249M in Daily Derivatives Volume

chest

The Sui ecosystem has reached a significant milestone with a daily derivatives trading volume of 249 million, indicating strong market engagement.

user avatarSon Min-ho

US Economic Growth Steady Amid Inflation Concerns

chest

US economic growth remains steady, with labor markets stabilizing, but inflation continues to exceed Federal Reserve targets, raising questions about recent rate cuts.

user avatarAyman Ben Youssef

Mantle Exhibits Top-Tier Falling Wedge Formation

chest

Mantle is currently showing a top-tier falling wedge pattern with tight price compression above demand.

user avatarSatoshi Nakamura

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.