Former SEC Chair: “Nothing left to decide” on the imminent approval of the Bitcoin ETF

By Brylle Uytiepo • January 10, 2024

Former SEC Chair: “Nothing left to decide” on the imminent approval of the Bitcoin ETF

According to former SEC chair Jay Clayton, who asserts that the SEC would eventually approve a spot Bitcoin ETF, there has been a significant shift in the regulatory climate.

The Securities and Exchange Commission (SEC) has routinely rejected applications for spot Bitcoin exchange-traded funds (ETFs) during the last 10 years. Concerns about possible fraud and market manipulation in the erratic cryptocurrency market were the basis for the denials.

Image source: Getty Images

Clayton’s Modification: Near-Term Approval in the Works

In a recent interview with CNBC on January 8, former SEC head Jay Clayton boldly stated, “I think approval is inevitable.” Nothing more needs to be decided.” This declaration is a surprise turn of events considering the SEC’s past resistance to accepting Bitcoin ETFs.

Clayton ascribes this shift in perspective to the recent five years’ improved dynamics in the underlying Bitcoin market. He makes the argument that problems like laddering and wash sales, which endangered the public, have greatly decreased. The market for cryptocurrencies has matured, and investor awareness has grown, which has made things more stable.

Recognizing Advancements in Bitcoin ETF Disclosures

Clayton praised the SEC for changing its stance and stated that the organization was content with the details provided about Bitcoin ETFs by businesses like Fidelity and BlackRock. He underlined how critical it is that the SEC recognizes the technological advances that have led to the development of a secure Bitcoin custody system that is available to conventional investors.

Clayton views the establishment of a Bitcoin ETF as a significant development for finance overall, not just for the cryptocurrency industry. He emphasized how blockchain technology may be used to tokenize and exchange physical assets, bringing about a radical shift in the financial markets that goes beyond the cryptocurrency industry.

The SEC was flooded on January 8 with updated S-1 and S-3 filings from prospective issuers of Bitcoin exchange-traded funds. The fees that these issuers intend to levy on their products after approval were made public in these papers. This flood, according to Bloomberg ETF analyst James Seyffart, indicates that the SEC is “accelerating things” for the week. He and colleague Eric Balchunas estimate that by January 10th, there is a 90% chance that a spot Bitcoin ETF will be approved.

Awaiting Additional Developments: Investor Prospects

Seyffart advises investors to expect more changes to the S-1 and S-3 filings in the days that follow the SEC’s remarks. He downplays the notion that these comments and ongoing changes indicate a delay for the ETFs, keeping hope alive for the soon-to-be approval of the first Bitcoin ETF.

The possible approval of a spot Bitcoin ETF is a turning point in the regulatory acceptance of digital assets, with significant ramifications for the larger financial environment, as the SEC navigates this critical juncture.

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