Despite concerns regarding the U.S. Securities and Exchange Commission’s (SEC) engagement level with spot Ether (ETH) exchange-traded funds (ETFs) applicants, Grayscale remains optimistic about approval prospects in May.
Grayscale Chief Legal Officer Craig Salm, in a recent X post, underscored his confidence, stating, “I don’t think perceived lack of engagement from regulators should be indicative of one outcome or another […] I personally am not deterred by it and believe the ETFs should be approved.”
Salm highlighted that the groundwork laid by the approval process for spot Bitcoin ETFs has addressed many issues relevant to spot Ether ETFs, including the mechanics of creation and redemption, asset protection strategies, and custody concerns.
He suggested that the SEC’s prior engagement in these areas means that there’s less new ground to cover this time, with the exception of the complexities introduced by staking in spot Ether ETF proposals.
Notably, firms such as Ark 21Shares, Fidelity, and Franklin Templeton, which are looking to include staking features in their ETFs, face additional regulatory scrutiny.
Bloomberg analysts Eric Balchunas and James Seyffart have expressed reservations about the SEC’s apparent disengagement, recently adjusting their approval odds to a “pessimistic 25%.”
Balchunas indicated that the SEC’s stance appears more strategic than procrastinatory.
Nevertheless, the path for spot Ether ETFs seems paved by the recent approval and regulation of Ether Futures ETFs.
The classification of these products as commodity futures suggests a favorable precedent for spot Ether ETFs, given the historical correlation between futures and spot markets.
This view is supported by Coinbase Chief Legal Officer Paul Grewal and former Commodity Futures Trading Commission Commissioner Brian Quintenz.
With several prominent financial institutions, including BlackRock, VanEck, ARK 21Shares, Fidelity, Invesco Galaxy, Grayscale, Franklin Templeton, and Hashdex, applying for SEC approval, the decision anticipated by May 23 is keenly awaited.
The outcome for VanEck’s application on this date is expected to signal the fate of all pending spot Ether ETF proposals.
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