The landscape for Bitcoin and cryptocurrency regulation could see a significant shift as the United States Securities and Exchange Commission (SEC) approaches its first set of deadlines to decide on seven new Bitcoin spot exchange-traded fund (ETF) applications. Some say that a best-case scenario may see the SEC approve the batch of spot Bitcoin ETFs, on the other hand, there are options for the SEC to exercise its right to an appeal.
In a recent high-profile case, Grayscale Investments won an appeals court battle against the SEC. The U.S. Court of Appeals ruled that the SEC’s rejection of Grascake’s application to convert its Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin ETF was “arbitrary and capricious”. However, analysts are quick to point out that this does not necessarily translate into an obligation by the SEC to approve Grayscale’s application or others in the future.
Yet, the decision has definitely increased the odds of a successful outcome for the upcoming batch of applicants, according to Bloomberg ETF analyst, James Seyffart. Although he admits what that means, in terms of timeline, remains unclear since the SEC has leeway to further delay its decisions.
The waiting applicants, which include investment firms Bitwise, BlackRock, VanEck, Fidelity, Invesco and Wisdomtree, will face final deadlines varying from early September to mid-March next year.
In response to Grayscale’s victory, the SEC now has 90 days to file an appeal with the U.S. Supreme Court or apply for a review to overturn the court’s ruling. If the SEC refrains from an appeal, the recent legal decision could force the SEC to approve Grayscale’s application, or at least reconsider it.
Interestingly, while conceding defeat and approving Grayscale’s conversion of its GBTC to a Bitcoin spot ETF is one viable option for the SEC, another would require a bolder move. It could involve revoking the listing of Bitcoin futures ETFs entirely or deny Grayscale’s application, thus creating a new argument. However, based on the SEC’s reported openness toward Ethereum futures ETFs, the revoking path seems less probable.
Cryptocurrency regulation will continue to be a topic of significant interest for industry insiders and retail investors alike. The upcoming decisions by the SEC will set precedents and lay ground for the field’s future trajectory. It is a potentially transformative period reminding us all that, in this rapidly advancing technological world, it’s always important to ensure that regulations keep pace with innovation, safely and effectively.
Source: Cointelegraph
