SEC Chair says staffs’ recommendation will be vital for Bitcoin Spot ETF approvals after Grayscale ruling
- SEC chair Gary Gensler has indicated Bitcoin spot ETF filings are under review, noting that staff recommendations will have a bearing.
- The comment was in response to Tennessee Senator Bill Hagerty, asking what the commission criteria for approval entails.
- Following the Grayscale ruling, impatience continues to grow, with crypto enthusiasts watching the clock for the financial regulator’s decision.
- Meanwhile, the combined AUM of firms that have filed for Bitcoin spot ETFs is now over $16 trillion, with Franklin Templeton joining the race.
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US Securities and Exchange Commission (SEC) chair Gary Gensler has responded to a public inquiry about what it would take for the financial regulator to approve a Bitcoin Spot Exchange Traded Fund (ETF). The concern comes amid growing impatience two weeks after Grayscale won its longstanding litigation against the commission.
Also Read: Grayscale law firm Davis Polk urges SEC to approve Bitcoin spot ETF, citing best use of resources
SEC chair response to Senator Hagerty
Amid growing uncertainty and with the market craving an impulse, Tennessee Senator Bill Hagerty asked SEC chair Gary Gensler “what the SEC needs to see in order to approve a BTC Spot ETF.” His question sprouted from Grayscale’s resounding victory on August 29 in its lawsuit against the SEC, when the court determined that the SEC's denial of Grayscale's spot ETF proposal was "arbitrary and capricious" given the commission's failure to explain why similar products are treated differently.
NEW: @SenatorHagerty, referencing the @Grayscale ruling, asked Gensler what the @SECGov needs to see in order to approve a $BTC Spot ETF.
— Eleanor Terrett (@EleanorTerrett) September 12, 2023
Gensler replied: "We’re still reviewing that decision. We have multiple filings...we're reviewing them and looking forward to staff's…
Speaking during the Senate Banking Hearing, Gensler said:
We’re still reviewing that decision. We have multiple filings...we're reviewing them and looking forward to staff's recommendations.
Staff recommendations would most likely be the opinions from individual commissioners, presented as an evaluation of whether the issuers pass the checks of protection against manipulation, efficacy, and investor protection. Another perspective that the commissioners may have to consider is the issue of conflicting services, with Gensler being on record saying it would lead to “limited risk monitoring” during a July 12 Webinar.
Gensler was asked today in a webinar about Coinbase being at center of ETF filings. He couldn't comment on the filings but went pretty negative on crypto exchanges saying they operate "conflicting services" and have "limited risk monitoring" Here's full quote via @TheBlock__ pic.twitter.com/iCVl906GyF
— Eric Balchunas (@EricBalchunas) July 12, 2023
In the latest of Gensler’s comments about crypto, the SEC chair says the industry is full of fraud, abuse, and misconduct.
JUST IN: SEC Chair Gary Gensler says crypto is full of fraud, abuse and misconduct. pic.twitter.com/YzZNbbjrF0
— Watcher.Guru (@WatcherGuru) September 12, 2023
The five-member team comprises three Democrats (Gary Gensler, Caroline Crenshaw, and Jaime Lizárraga) and two Republicans (Hester Pierce, and Mark Uyeda). This explains why former SEC staff John Reed Stark said a Republican taking office after the 2024 elections would bode well for crypto, as it would give Republicans a majority in the commission. Under the current regime of President Joe Biden, the Democrats have the majority, with Biden having appointed Gensler himself.
US SEC hell-bent on delays even after Grayscale victory
The crypto market had received the victory very well, interpreting it as a step closer to a positive decision from the commission. Two weeks later, there is still no forthright or directional bias from the SEC, with several records of delayed decisions.
The record of delayed orders comprises WisdomTree, Invesco, Valkyrie, Fidelity, VanEck, Bitwise, and BlackRock. Meanwhile, the markets’ eyes remain peeled for around October 15, when the commission could likely provide a joint decision for all seven applicants. It is worth mentioning that with Franklin Templeton joining the Bitcoin Spot ETF campaign, the combined assets under management (AUM) of firms in the race goes above $16 trillion, with BlackRock boasting a staggering $9 trillion.
Between Blackrock, Fidelity, Invesco, and now Franklin Templeton -- the combined AUM of firms that have filed for Bitcoin spot ETFs is now over $16 trillion.
— Will Clemente (@WClementeIII) September 12, 2023
Franklin Templeton asset manager is the latest entrant, with an AUM of $1.5 trillion to its name. The addition has the GBTC discount closing in further, now trading at just a 17% discount to NAV.
GBTC discount
This is the closest that the trust has tracked the underlying Bitcoin since December 2021.
Crypto ETF FAQs
What is an ETF?
An Exchange-Traded Fund (ETF) is an investment vehicle or an index that tracks the price of an underlying asset. ETFs can not only track a single asset, but a group of assets and sectors. For example, a Bitcoin ETF tracks Bitcoin’s price. ETF is a tool used by investors to gain exposure to a certain asset.
Is Bitcoin futures ETF approved?
Yes. The first Bitcoin futures ETF in the US was approved by the US Securities & Exchange Commission in October 2021. A total of seven Bitcoin futures ETFs have been approved, with more than 20 still waiting for the regulator’s permission. The SEC says that the cryptocurrency industry is new and subject to manipulation, which is why it has been delaying crypto-related futures ETFs for the last few years.
Is Bitcoin spot ETF approved?
Bitcoin spot ETF has been approved outside the US, but the SEC is yet to approve one in the country. After BlackRock filed for a Bitcoin spot ETF on June 15, the interest surrounding crypto ETFs has been renewed. Grayscale – whose application for a Bitcoin spot ETF was initially rejected by the SEC – got a victory in court, forcing the US regulator to review its proposal again. The SEC’s loss in this lawsuit has fueled hopes that a Bitcoin spot ETF might be approved by the end of the year.
Author
Lockridge Okoth
FXStreet
Lockridge is a believer in the transformative power of crypto and the blockchain industry.
