Lawmakers get their wish as SEC gives Ether ETFs the green light

Lawmakers get their wish as SEC gives Ether ETFs the green light
Citing bitcoin ETFs, a bipartisan group of house representatives issued the call ahead of the federal securities regulator’s pivotal decision.
MAY 23, 2024

House representatives from both political parties called on the SEC to approve applications for Ether spot ETFs, getting their wish when the regulator gave its seal of approval yesterday evening.

“With the Commission’s actions earlier this year, it seems a natural progression that would not only demonstrate consistency in the Commission’s application of its standards but would also affirm the legal reasoning that facilitated the spot Bitcoin ETPs decision,” stated a bipartisan letter shared by Representative French Hill on Thursday.

The letter was signed by Hill, Tom Emmer, Mike Flood, Josh Gottheimer, and Wiley Nickel.

The SEC initially resisted approving Bitcoin spot ETFs but relented in January after losing a court case to crypto asset manager Grayscale. In that legal clash, Grayscale argued that the SEC's approval of Bitcoin futures ETFs made rejecting Bitcoin spot ETFs arbitrary and illegal.

Given that Ethereum futures ETFs are already approved, the lawmakers argue that the same rationale should apply to Ether spot ETFs.

“The Commission should apply the same principles set forth in the approval of the spot Bitcoin ETPs as it evaluates the pending Ether ETP applications as the legal considerations pertinent to Bitcoin also apply to Ether,” the letter continued.

The representatives also advocated for a fair approach to “other digital assets,” implying potential support for altcoin ETFs following Ether.

Until recently, experts did not anticipate the SEC would approve spot Ether ETFs before the May 23 deadline for VanEck’s application. That changed earlier this week when the SEC began assisting exchanges and issuers in expediting their applications.

In a related development, a bipartisan supermajority in the House on Wednesday passed Hill’s FIT21 bill, aimed at providing regulatory clarity for the cryptocurrency sector, with 71 Democrats voting in favor.

Ahead of that decision, SEC Chair Gary Gensler spoke out against the legislation, warning that it could open a Pandora’s box of regulatory gaps that could leave investors exposed.

“There are more than 16,000 crypto assets that currently exist,” Gensler said. “Given limits on staff resources, and no new resources provided by the bill, it is implausible that the SEC could review and challenge more than a fraction of those assets.

“The result could be that the vast majority of the market might avoid even limited SEC oversight envisioned by the bill for crypto asset securities,” he said.

Latest News

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

UBS moves toward full-service US bank as plans to extend wealth business
UBS moves toward full-service US bank as plans to extend wealth business

Employee accounts, crypto trials and job cuts frame a pivotal year for the Swiss lender.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.