SEC and CFTC Set to Collaborate To Regulate Bitcoin ETFs and Other Investment Products

Published February 18, 2019 | Updated February 18, 2019

SEC Cryptocurrency Regulations
CFTC announces federal court finds crypto currencies as commodities

SEC and CFTC Set to Collaborate To Regulate Bitcoin ETFs and Other Investment Products

Reports revealed that the high profile regulators of the crypto market, SEC and CFTC is open to collaborating to regulate crypto investment products, including Bitcoin ETFs.

SEC Commissioner Hints To Collaborate

However, during ‘a Bipartisan Policy Center event’ last week which themed on ‘The Year Ahead for Capital Markets’, the Securities Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) discussed the better approach on regulating crypto products such as futures and ETF based on Bitcoin. At the event, so-called Crypto Mom, the SEC commissioner, Hester Peirce says that;

“At the SEC we’ve been unwilling to … sign off on a bitcoin ETF, an exchange-traded product based on bitcoin. My concern about our approach in that area is it looks a little bit like a merit-based approach judging the underlying bitcoin markets.”

An Exchange-traded fund based on Bitcoin is on rich bulletins every new day – since SEC is reluctant to approve ETF filings. In fact, Coingape reported that SEC has forced ‘a partial bitcoin ETF proposal, submitted by ‘Reality shares’ to withdraw it.

CFTC Follows Self-Certification Rule

Although regulations on Bitcoin and Crypto isn’t certain at many locations of the world the firms are building many projects on top of it. In Peirce view, regulators should be at their best diligence to decide on any product which are built on top of the market and those that are not regulated yet. With this, she argued that;

There are lots of markets that aren’t regulated but we nevertheless build products on top of them.” She said“I think we have to be very careful with that kind of reasoning’.

As such, the discussion took over by Brian Quintenz who is the CFTC Commissioner. He explains that any contract before they present will ensure that it meets the requirements of the Act. He notes that;

“We have a process in the Commodity Exchange Act that allows the exchanges to self-certify a contract if they believe it meets the requirements of the Act.

With the self-certification process, CBOE and CME will proceed with the contract that they see has good potential and opportunity to take forward. Elaborating this, CFTC commissioner argues that we disagree you when we really see a project has a better opportunity and ‘we self-certify that contract’.

 “[Both CBOE and CME Group] pursue that self-certification [route] so these contracts get listed without our approval but also without our disapproval.”

Interested in Working Together

Taking these sneaky points, Peirce goes on discussing the current market scenario which is quite confusing on regulatory stance. While explaining the better way on deciding crypto assets, Peirce hints to collaborate SEC and CFTC to serve better on providing guidelines. In her words;

“[This is] an area where I think Brian and I are interested in working together.”She continued, there [are] questions about where your jurisdiction ends and ours begins and again we don’t want to have overlap there so you know my main concern has been that I think we need to do a better job providing guidance,”

So readers, what do you think of SEC and CFTC collaboration if it happens? Do you think it onboard the clarity in the crypto market? share your opinion with us.

The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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Tabassum is a full-time content writer at Coingape. Her passion lies in writing and delivering apt information to users. Currently, she does not hold any form of cryptocurrencies. Follow her on Twitter at @Tabassumnaiz and reach out to her at Tabassum[at]
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