SEC delays decision on Grayscale, BlackRock spot Ethereum ETFs: Law Decoded

History repeats itself, as the U.S. SEC is now pushing the spot Ethereum ETF decision deadlines as far as possible.

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On Jan. 24, the United States Securities and Exchange Commission (SEC) pushed back its decision on BlackRock’s proposed spot Ethereum exchange-traded fund application (ETF) a day before the deadline, citing the need for more time to review the proposed rule change. While the SEC must make a final decision on BlackRock’s spot Ether (ETH) ETF decision by Aug. 7, Bloomberg ETF analyst Eric Balchunas has predicted a final decision will be made on all pending spot Ether ETFs in May — similar to the way the SEC decided on 10 pending spot Bitcoin (BTC) ETFs in January. 

The next day, the SEC also delayed its decision on whether to approve a spot Ether ETF from Grayscale Investments, opening the application to public comments. The SEC said it would institute proceedings to determine whether to approve or disapprove a proposed rule change allowing NYSE Arca to list and trade Grayscale Ethereum Trust shares. Opening the proposed investment vehicle to public comment will push the deadline for a decision by an additional 35 days upon publication in the Federal Register.

The SEC remains one of the most consistently anti-crypto forces in the United States. According to a report from litigation consulting firm Cornerstone Research, the number of crypto-related enforcement cases brought by the SEC in 2023 was the highest since 2013, suggesting that digital assets were a “top priority” for the commission. Of the 46 enforcement actions in 2023, Cornerstone reported the SEC imposed $281 million in monetary penalties for settlements and tripled the number of administrative proceedings from 2022.

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