United States Securities and Exchange Commission (SEC) Chair Gary Gensler has suggested a potential shift in the regulator’s approach to Bitcoin exchange-traded products (ETPs) following a recent legal decision involving Grayscale.
During an interview with CNBC on December 14, Gensler addressed the numerous pending applications for spot Bitcoin exchange-traded funds (ETFs, revealing that the SEC is currently processing “between eight and a dozen filings.”
Gensler acknowledged that the SEC had previously rejected several of these applications but indicated a potential change in their stance, stating, “So we’re taking a new look at this based upon those court rulings.”
When asked directly if he was referring to Grayscale, Gensler avoided providing a specific answer, emphasizing that the SEC operates within the framework of laws enacted by Congress and how the courts interpret them.
The SEC’s decision to deny an ETF offering from Grayscale Investments, involving its Bitcoin trust, was overturned by a federal judge in August.
Subsequently, major asset management firms like BlackRock, Fidelity, Grayscale, Invesco, Galaxy, VanEck, and Valkyrie have entered the race to launch spot Bitcoin ETFs.
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Although these applications have faced delays, some analysts anticipate a potential batch approval in early January 2024.
In another interview with Bloomberg’s Kailey Leinz on the same day, Gensler avoided disclosing the number of spot Bitcoin product filings.
Instead, he highlighted recent developments in the U.S. treasury market as the agency’s current priority.
U.S. Representative Bryan Steil commented on Twitter, criticizing Gensler’s handling of the crypto-related questions:
“Chair Gary Gensler obfuscates on crypto with the press like he does at committee hearings. He does not want to explain his agency’s aggressive regulatory approach which is pushing crypto offshore.”
Bloomberg ETF analyst James Seyffart also remarked, “Gensler very rarely gives clear answers! He’s a master at hedging his words.”
In summary, SEC Chair Gary Gensler’s recent comments have raised speculation about a potential shift in the SEC’s approach to Bitcoin exchange-traded products, following recent court decisions.
This comes as several major asset managers seek approval for spot Bitcoin ETFs, though the regulatory landscape remains uncertain.
