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SEC Adopts New Rules to Speed Up Crypto ETF Approvals

The U.S. SEC has approved new generic listing standards, aiming to accelerate the approval timeline for spot cryptocurrency exchange-traded funds.

Marcus Reid
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Marcus Reid

Marcus Reid is a financial analyst specializing in digital assets and market structure. He covers the intersection of traditional finance and cryptocurrency, focusing on ETFs, derivatives, and regulatory developments.

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SEC Adopts New Rules to Speed Up Crypto ETF Approvals

The U.S. Securities and Exchange Commission (SEC) has approved a new set of generic listing standards designed to accelerate the approval process for spot cryptocurrency exchange-traded funds (ETFs). This regulatory change shifts the framework from lengthy individual application reviews to a more streamlined, standardized system.

The new rules, detailed in filings from major exchanges like Nasdaq, NYSE Arca, and Cboe BZX, are expected to significantly reduce the time it takes for new digital asset products to reach the market. The change comes as multiple applications for ETFs based on cryptocurrencies such as Solana and XRP await regulatory decisions.

Key Takeaways

  • The SEC has approved generic listing standards to streamline the approval of spot crypto ETFs.
  • The new rules eliminate the need for lengthy, individual assessments for each new crypto ETF application that meets the criteria.
  • To be eligible, an asset must meet specific surveillance and market standards, such as being part of the Intermarket Surveillance Group.
  • The move is seen as a major step toward broader investor access to digital asset products in the U.S.
  • SEC Commissioner Caroline Crenshaw raised concerns, warning about potential risks to investor protection from fast-tracking these products.

A New Framework for Digital Asset Products

The SEC's decision marks a significant evolution in its approach to cryptocurrency-based investment products. Previously, each new spot crypto ETF proposal required a bespoke, often prolonged, review process by the commission.

Under the updated regulations, exchanges can list qualifying crypto ETFs without undergoing this case-by-case assessment. According to the SEC's announcement, the goal is to foster innovation and expand investor choice by creating a more efficient pathway to market for digital asset products within the established U.S. capital markets framework.

This development is widely interpreted as a positive signal for the crypto industry. Bloomberg ETF analyst James Seyffart referred to the change as “the crypto ETP framework we’ve been waiting for.” He suggested that a new wave of crypto investment vehicles could launch in the U.S. in the near future as a direct result of this streamlined process.

Background: The Road to Crypto ETFs

The journey for spot cryptocurrency ETFs in the United States has been long and contentious. For years, the SEC rejected numerous applications, citing concerns over market manipulation and a lack of sufficient surveillance-sharing agreements. The approval of spot Bitcoin ETFs in early 2024 marked a turning point, setting the stage for subsequent products and the new rules just announced.

Clear Standards for ETF Eligibility

The SEC has established specific criteria that a cryptocurrency ETF must meet to qualify for the new, faster listing process. An exchange will not need to file a separate rule change with the SEC if the proposed product adheres to these standards.

To be eligible for streamlined listing, a crypto spot ETF must satisfy one of the following conditions:

  • Surveillance Group Membership: The underlying crypto asset must trade on a market that is a member of the Intermarket Surveillance Group (ISG) and has a comprehensive surveillance-sharing agreement with the listing exchange.
  • Futures Market Basis: The asset must be the basis for a futures contract that has been listed on a designated contract market for at least six months, with an appropriate surveillance-sharing agreement in place.
  • Existing ETF Tracking: The asset is already tracked by an existing ETF with at least 40% exposure that is listed on a national securities exchange.

If a proposed crypto ETP does not meet these generic standards, the listing exchange must still submit a traditional rule filing with the SEC for individual review and approval.

Awaiting Decisions

Several high-profile spot ETF applications were awaiting SEC decisions with deadlines approaching from October onwards. These include products based on assets like Solana (SOL), XRP, Litecoin (LTC), Dogecoin (DOGE), Avalanche (AVAX), and Chainlink (LINK).

Regulatory Dissent and Investor Protection Concerns

While the move was largely celebrated by the digital asset industry, it was not met with unanimous approval within the SEC. Commissioner Caroline Crenshaw issued a statement expressing significant reservations about the new standards.

Crenshaw warned that the streamlined process could open the door to a flood of new products that have not been adequately vetted for investor safety. She argued that the commission is effectively delegating its responsibility to ensure investor protection.

“The Commission is passing the buck on reviewing these proposals and making the required investor protection findings, in favor of fast tracking these new and arguably unproven products to market,” Crenshaw stated.

Her dissent highlights the ongoing debate within regulatory bodies about how to balance financial innovation with the core mission of protecting investors from potential risks associated with volatile and emerging asset classes like cryptocurrencies.

Implications for the Broader Market

The approval of these generic listing standards is expected to have a broad impact on the U.S. financial landscape. By lowering the barrier to entry for crypto ETFs, the SEC's move could lead to a significant increase in the number and variety of regulated digital asset investment products available to both retail and institutional investors.

This increased accessibility may drive further mainstream adoption of cryptocurrencies as a recognized asset class. For asset managers, the new framework provides a clearer and more predictable path for bringing innovative products to market. However, the long-term effects will depend on how exchanges apply these standards and how the market responds to a potentially wider array of crypto-based financial instruments.