Grayscale CLO expects SEC green light for spot Ether ETFs by May
Grayscale’s Chief Legal Officer (CLO), Craig Salm, is optimistic that the SEC will approve spot Ether (ETH) exchange-traded funds (ETFs) by May 2024. Salm’s optimism is based on the SEC’s previous meetings with Grayscale before approving Bitcoin ETFs. These meetings discussed important operational aspects such as creation/redemption procedures, cash versus in-kind contributions, authorized participants, liquidity providers, and custody issues.
Salm argues that the case for Ethereum ETFs is similar to that of Bitcoin ETFs, as many of the previously resolved issues for Bitcoin ETFs are directly applicable to Ethereum ETFs. The primary difference between the two products is the underlying assets. Salm believes that the SEC has already engaged in these discussions, and issuers have less to engage with this time.
Salm also mentions the recent approval of Ether Futures ETFs, which were classified as commodity futures. According to Salm, this strengthens the case for spot Ether ETFs, as there is a high correlation between futures and spot products.
Salm points out that other industry insiders, such as Paul Grewal, have echoed these sentiments. Grewal, the Chief Legal Officer for Coinbase, argued that there was no good reason for the SEC to deny ETH ETP applications, based on statements from SEC officials stating that ETH is not a security.
However, Bloomberg ETF analysts Eric Balchunas and James Seyffart have expressed concerns about the SEC’s lack of engagement, reducing their expectations for an approved spot Ether ETF in May to 25%. Balchunas sees this as intentional rather than mere procrastination.
Currently, the SEC has received filings from various companies, including BlackRock, VanEck, ARK 21Shares, Fidelity, Invesco Galaxy, Grayscale, Franklin Templeton, and Hashdex. The deadline for VanEck’s application is May 23.
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