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Will the U.S. SEC Forgo ‘Security’ Concerns to Approve Spot Ethereum ETF?

The SEC may distinguish between Ethereum (ETH) and staked Ethereum (stETH) to ease approval of a spot Ethereum ETF.
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Will the U.S. SEC Forgo ‘Security’ Concerns to Approve Spot Ethereum ETF?

Highlights

  • With the US SEC demanding 19b-4 filings, if is ready to forego the security concerns of ETH?
  • Analysts say the US SEC could treat spot ETH and staked ETH differently to approve the Ether ETF.
  • Ethereum price volatility likely to continue this week ahead.

When the U.S. SEC requested issuers of spot Ethereum ETFs to submit their 19b-4 filings, the market reacted strongly, suggesting that the likelihood of approval had significantly increased. Previously, uncertainty surrounding Ethereum’s ‘security’ status has been a significant hurdle for ETF approval. However, the SEC’s request for 19b-4 filings raises the question of whether the regulator is now prepared to overlook these earlier concerns.

SEC May Differentiate Between ETH and Staked ETH

Galaxy researcher Alex Thorn has weighed in on the speculation surrounding the SEC’s stance on Ethereum ETFs. Thorn suggests that if the SEC is considering a reversal, they might distinguish between Ethereum (ETH) itself and staked Ethereum (stETH) or “staking as a service ETH” as securities.

Thorn notes that this approach could align with the SEC’s ongoing court cases and investigations, potentially allowing the approval of Ethereum ETFs while maintaining the agency’s previously stated opinions. This nuanced differentiation could pave the way for regulatory acceptance of Ethereum ETFs.

Crypto investor Anthony Pompliano has stated that the approval of an Ethereum ETF would mark a pivotal moment for the cryptocurrency industry. “If they approve the Ethereum ETF, they are approving the entire industry,” Pompliano remarked, suggesting that such a decision would break the final barrier to widespread regulatory acceptance.

However, questioning his euphoria surrounding the approval of spot Ether ETF, crypto enthusiast @AdamAssets writes: “I can’t imagine. ETH foundation so blatantly bucked at securities laws. Literally free pass for anyone to sell unregistered investment contracts from that point forward”.

ETH Price Action

Although the Ethereum price has rallied by over 20% in the last 24 hours, the volatility will continue until there’s an official statement from the SEC.

QCP Capital noted that if the SEC approves the spot Ether ETF, the ETH price can easily rally past $4,000 and even further to $5,000. However, in the case of a denial, it could slip to $3,000.

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Bhushan Akolkar

Bhushan is a seasoned crypto writer with over eight years of experience spanning more than 10,000 contributions across multiple platforms like CoinGape, CoinSpeaker, Bitcoinist, Crypto News Flash, and others. Being a Fintech enthusiast, he loves reporting across Crypto, Blockchain, DeFi, Global Macros with a keen understanding in financial markets. 

He is committed to continuous learning and stays motivated by sharing the knowledge he acquires. In his free time, Bhushan enjoys reading thriller fiction novels and occasionally explores his culinary skills. Bhushan has a bachelors degree in electronics engineering, however, his interest in finance and economics drives him to crypto and blockchain.

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