Capital Markets & Securities Law Watch

On May 23, 2024, in a surprise move, the Securities and Exchange Commission (SEC) issued an order that will allow exchanges to list Ethereum-based exchange-traded funds (ETFs). The SEC’s order follows its recent decision to allow trading of Bitcoin ETFs, in what has been interpreted by some as a softening approach towards the regulation of digital assets. Shortly after the SEC’s approval of Bitcoin ETFs, at least 10 asset managers—including BlackRock, Fidelity, Grayscale, and Invesco—initiated applications with the SEC to begin listing Ether ETFs.

On February 6, 2020, SEC Commissioner Hester M. Peirce delivered a speech where she announced her plans to address the regulatory gaps that prohibit properly functioning token networks. Peirce noted that crypto entrepreneurs have tried building decentralized token networks where tokens can trade hands without ever going through a central authority.