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Experts: Approval of Ether ETF Indicates ETH is Not a Security

The Implications of SEC’s Approval of Spot Ethereum ETFs

The recent approval of spot Ethereum exchange-traded funds (ETFs) by the United States Securities and Exchange Commission (SEC) has significant implications for the cryptocurrency market. Industry experts believe that this approval confirms Ether’s status as a non-security.

Recognition of Ether as a Commodity

Bloomberg ETF analyst James Seyffart, in a discussion on the Bankless podcast, highlighted that the approval of these commodity-based trust shares signifies the SEC’s explicit recognition of Ether as not being a security. This recognition could potentially extend to other tokens, solidifying their classification as commodities.

Settling the Debate on ETH Status

Digital asset lawyer Justin Browder echoed Seyffart’s sentiment, stating that if Ether ETFs receive S-1 approval, it would settle the debate once and for all, affirming that ETH is indeed not a security. The approval of spot ETH ETFs is crucial as it indicates that the SEC does not consider ETH a security.

Implications for Other Projects

Adam Cochran, a partner at venture capital firm Cinneamhain Ventures, suggested that the recognition of ETH as a commodity could have implications for tokens of other projects as well. He emphasized that many projects may now fall under the category of commodities, even if they are not aware of it yet.

Future Focus on Staked Ether

While the approval of spot Ether ETFs reinforces the non-security status of Ether, experts anticipate that the SEC may focus on actors involved with staking Ether. There is speculation that the SEC might differentiate between Ether itself and staked Ether, potentially considering the latter as a security.

SEC’s Approval of 19b-4 Applications

On May 23, the SEC approved 19b-4 applications from various ETF issuers for issuing spot Ether ETFs. Notably, several issuers removed staking from their final amendments, with Hashdex being the only issuer that did not receive regulatory approval on that day. All approved ETF issuers are now awaiting the SEC’s approval of their S-1 registration statements before launching their ETFs.

Bloomberg ETF analyst James Seyffart predicts that the S-1 approvals could be granted in a “couple of weeks,” potentially leading to a mid-June launch. The approval of spot Ethereum ETFs in the United States is expected to have a positive impact on the price of ETH, with predictions of a substantial rally in the near future.

Ian Bennett
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Ian is a cryptocurrency enthusiast blending humor with professionalism. With an engineering background and a storyteller's heart, he simplifies the blockchain world with sharp analysis and a touch of wit. At Cryptowire, he brings his unique perspective to make digital financial innovation accessible to all.

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