Inconsistency in SEC’s Approach to Bitcoin ETF Application

It is reported that the legal team of Grayscale said that the way the United States Securities and Exchange Commission (SEC) handled its application for Bitcoi…

Inconsistency in SECs Approach to Bitcoin ETF Application

It is reported that the legal team of Grayscale said that the way the United States Securities and Exchange Commission (SEC) handled its application for Bitcoin Exchange Trading Fund (ETF) was “inconsistent” with its earlier decision on futures ETF. Donald B. Verrilli, the representative lawyer, said: “This is only a typical case. Treat similar cases and treat them differently.”

Grayscale legal team: SEC’s handling method of ETF is “inconsistent”

Interpretation of the news:


The recent statement by Grayscale’s legal team regarding the U.S Securities and Exchange Commission’s (SEC) handling of Bitcoin Exchange Trading Fund (ETF) application depicts an inconsistency in the organization’s approach. The legal team claimed that the SEC’s treatment of Grayscale’s case was inconsistent with its earlier decision on futures ETF.

The Grayscale Bitcoin Trust is a fund that offers investors exposure to the cryptocurrency without direct ownership of it. However, the SEC has yet to approve the company’s application for an ETF, which would allow investors to trade Bitcoin as shares. Despite several attempts, including a renewed application in 2021, the SEC has consistently denied Grayscale’s requests.

The inconsistency in the SEC’s approach can be traced back to their decision on futures ETF back in 2019. The agency had approved the launch of several futures ETFs, which allowed investors to trade Bitcoin futures contracts on regulated platforms. The commission had stated that these products met its regulatory requirements for the protection of investors.

Donald B. Verrilli, the representative lawyer for Grayscale, has said that the Commission’s handling of Grayscale’s application was “only a typical case.” The legal team appears to be suggesting that the SEC’s approach has been haphazard and that it needs to treat similar cases consistently.

This inconsistency in approach gives rise to concerns about the SEC’s regulatory effectiveness. It also highlights the challenges associated with regulating a nascent asset class like cryptocurrencies. As the SEC continues to grapple with how to regulate digital assets effectively, more clarity and consistency in its regulatory approach are essential.

In conclusion, the Grayscale case highlights an inconsistency in the SEC’s approach to Bitcoin ETF application. The regulator’s treatment of futures ETF and Grayscale’s request appears to be at odds, raising questions about the SEC’s consistency in regulating digital assets. Consistency and clarity in the regulatory framework are important for the growth and development of the crypto market.

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