SEC "Taking a New Look" at Bitcoin ETF Applications Following Landmark Court Rulings

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ICARO Media Group
Politics
15/12/2023 19h53

The U.S. Securities and Exchange Commission (SEC) is reevaluating its stance on spot Bitcoin exchange-traded fund (ETF) applications after a significant court ruling. In an interview with CNBC, SEC Chair Gary Gensler revealed that the regulator is currently reviewing "between eight and a dozen filings" related to Bitcoin ETFs.

Gensler acknowledged that the SEC had previously denied several Bitcoin ETF applications but stated that the court rulings have prompted a fresh evaluation. He emphasized that as the SEC chair, he will not pre-judge any applications and will work within the legal framework defined by Congress and interpreted by the courts.

While addressing the crypto space, Gensler referred to it as a "Wild West" due to noncompliance with securities laws and instances of fraud and bad actors. He also expressed concern about the lack of fundamental information on many crypto projects and criticized the practices of crypto exchanges.

Historically, the SEC has rejected all applications for spot Bitcoin ETFs. However, recent developments indicate a potential shift in the agency's approach. In October, the SEC was instructed by the U.S. Court of Appeals to review Grayscale's proposal to convert its Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin ETF. The court concluded that the SEC's previous denial had been "arbitrary and capricious" given its acceptance of similar Bitcoin futures ETF products.

News of the SEC's active discussions with several spot Bitcoin ETF applicants, including Grayscale, BlackRock, Fidelity, and Franklin Templeton, has further fueled speculation of an imminent approval. BlackRock recently amended its application in consultation with the SEC, aiming to facilitate participation by Wall Street banks by allocating risk to crypto market makers.

Crypto enthusiasts and analysts have grown increasingly optimistic about the prospects of a spot Bitcoin ETF approval. Bloomberg and JP Morgan analysts have both expressed belief in a high likelihood of one or more ETFs being approved in January. However, JP Morgan's recent report cautioned that an approval is unlikely to significantly impact the crypto market by attracting fresh capital.

As the SEC reviews the Bitcoin ETF applications and considers the evolving landscape of the crypto industry, market participants eagerly await a potential breakthrough regarding the long-awaited approval of a spot Bitcoin ETF.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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