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Spot Ether ETFs are now officially legal in the US: Law Decoded

Spot Ether ETFs might be weeks or months away from debuting on exchanges, as the ETF filers have yet to receive their S-1 SEC registration.

In a second landmark decision this year, the United States Securities and Exchange Commission has given the regulatory green light to spot Ether exchange-traded funds (ETFs) in the country.

The SEC approved the 19b-4 filings from VanEck, BlackRock, Fidelity, Grayscale, Franklin Templeton, ARK 21Shares, Invesco Galaxy and Bitwise, approving the rule changes allowing spot Ether (ETH) ETFs to be listed and traded on their respective exchanges.

Unlike the spot Bitcoin (BTC) ETFs approved via voting by a five-member committee including SEC Chair Gary Gensler, spot Ether ETFs were approved by the SEC’s Trading and Markets Division.

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Ethereum ETFs launch next month ‘certainly possible’ — Analyst

The launch date will largely depend on how quickly approved applicants amend their S-1 registration statements and how many rounds of feedback they receive from the SEC.

The newly-approved spot Ether (ETH) exchange-traded funds could launch as early as mid-June — if the United States securities regulator follows a similar timeline to its spot Bitcoin ETF process.

Spot Ether ETFs got the green light for their 19b-4 filings today, allowing the funds to be listed on their respective exchanges. However, applicants will first need approved S-1 registration statements to begin trading.

Bloomberg ETF analyst James Seyffart has been saying S-1 approvals could come in a “couple of weeks,” but also noted that they “could take longer” as the process typically takes up to five months.

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SEC’s ETF decision means ETH and ’a lot’ of other tokens are not securities

That doesn't mean the securities regulator can't still pursue action against actors in the staking domain, industry analysts and lawyers warn.

The approval of spot Ether (ETH) exchange-traded funds is “implicit recognition” from the United States Securities and Exchange Commission that Ether is not a security, according to industry pundits.

One even suggests this could extend to other tokens as well. 

"These are commodities-based trust shares, so the SEC, by approving these, is explicitly saying they’re not going to go after Ether as a security,” noted Bloomberg ETF analyst James Seyffart in a discussion with Ryan Sean Adams on the Bankless podcast.

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‘It’s happening’ — 5 Ethereum ETF bidders amend SEC filings

Five U.S. asset managers bidding for an Ether ETF have amended their 19b-4 filings with the SEC.

Five potential spot Ether (ETH) exchange-traded fund (ETF) issuers have submitted amended 19b-4 filings after receiving last-minute feedback from the Securities and Exchange Commission.

The amended filings came from Fidelity, VanEck, Invesco and Galaxy, Ark 21Shares and Franklin Templeton, several filings show.

All five filings came in a 25-minute period between 9:35 pm and 10:00 pm UTC on May 21, according to Bloomberg ETF analyst James Seyffart.

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Spot Ether ETFs will come down to a 5-person vote: Gensler the decider?

It was speculated that Gensler’s vote secured the launch of spot Bitcoin ETFs in January — and the same five commissioners are set to vote on Ether ETFs this week.

The fate of spot Ether (ETH) exchange-traded funds could be decided this week by a single vote from Gary Gensler, the chair of the United States Securities and Exchange Commission — if history is any indication.

In January, the approval of spot Bitcoin ETFs came down to a five-commissioner panel. Two crypto-friendly commissioners, Hester Pierce and Mark Uyeda, voted to approve ETFs, while Commissioners Caroline Crenshaw and Jaime Lizárraga voted against them.

Gensler also voted to approve it, leading many to believe his vote ultimately secured approval of spot Bitcoin ETFs, which were approved with a 3-2 vote on Jan. 10, 2024.

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BlackRock’s spot Ethereum ETF plan is confirmed after Nasdaq filing

Earlier in the day, BlackRock registered corporate entity “iShares Ethereum Trust” in Delaware, the first hint that a filing for a spot Ethereum ETF filing was imminent.

Blackrock’s plans for a spot Ethereum exchange-traded fund (ETF) has now been confirmed, per a 19b-4 form filing submitted to the United States Securities and Exhange Commission on Nov. 9.

Nasdaq filed the 19b-4 form to securities regulator on behalf of the $9 trillion asset management firm for a proposed ETF called the "iShares Ethereum Trust."

The move signals BlackRock’s intention to expand beyond Bitcoin with its ETF aspirations.

NASDAQ's 19b-4 filing to the SEC for BlackRock's iShares Ethereum Trust. Source: NASDAQ

Earlier on Nov. 9, it emerged that BlackRock registered corporate entity iShares Ethereum Trust in Delaware, the first hint that a spot Ethereum ETF filing could be imminent.

BlackRock and other financial firms have expressed interest in cryptocurrency-backed ETFs over the last few months.

Bloomberg ETF analyst James Seyffart noted that there are at least five firms in the running to win the Securities and Exchange Commission’s approval for a spot Ethereum ETF.

Related: Ethereum futures ETFs garner lukewarm reception on first day of trading

Among them are VanEck, ARK 21Shares, Invesco, Grayscale and Hashdex.

Ether (ETH) spiked 8.9% to $2080 on the news that BlackRock is moving forward its plans for an iShares Ethereum Trust and is up 10.1% over the last 24 hours, according to CoinGecko.

ETH’s change in price over the last 24 hours. Source: CoinGecko

The price surge has helped ETH claw back some market dominance against Bitcoin (BTC), which has outperformed ETH in recent months.

ETH’s market dominance now sits at 17%, up 1.3% percentage points prior to the news.

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Ether the Ether: VanEck releases two ETF ads ahead of possible Monday launch

Once Ethereum futures ETF and spot Bitcoin ETF applications get approved, there will be a marketing war like we've never seen says, Bloomberg ETF analyst Eric Balchunas.

Investment manager VanEck has fired up the marketing engine for its “upcoming” Ethereum futures exchange-traded fund (ETF), which some analysts expect could be launched as early as Oct. 2.

On Sept. 28, VanEck released the two “Enter the Ether” themed TV commercials, revealing that its Ethereum Strategy ETF — tickered EFUT — is “coming soon.”

The commercials came on the same day VanEck published a press statement about its upcoming EFUT, stating it will be listed on the Chicago Board Options Exchange and be managed by Greg Krezner, VanEck’s Head of Active Trading.

Bloomberg ETF analysts Eric Balchunas and James Seyffart believe the TV ads could hint that Ethereum futures ETFs are “happening sooner than expected.”

Seyffart expects VanEck’s new ETF to launch on Monday despite a Sept. 29 document stating it won’t take effect for another 60 days. “Our understanding is that the SEC is accelerating approvals for these things,” he said.

Enter the Ether

The first of VanEck’s “Enter the Ether” advertisements is a rather short and quirky 15-second video featuring five actors looking at the camera with a deadpan expression and strange alien-sounding music in the background.

“Ethereum. Now in an ETF form. Coming soon,” says an actor.

“Oh and HODL or Fork Off,” says another actor, before the “Enter the Ether” message appears and the ad ends.

The second ad appears more straightforward, with a 30-second spot suggesting that a “shift” is coming soon and that Ethereum’s gravitational pull “will draw everyone in.”

Balchunas expects more marketing efforts from ETF issuers as ETFs get approved, particularly when spot Bitcoin ETFs get the greenlight.

“It will be a marketing war like we've never seen since they all do same thing and launch on same day. Unprecedented.”

Related: SEC delays spot Bitcoin ETF decision for BlackRock, Invesco and Bitwise

Meanwhile, financial services firm Valkyrie told Cointelegraph that it will also soon begin offering exposure to Ether through its existing Bitcoin Strategy ETF — making it one of the first firms to do so amid several pending applications with the U.S. Securities and Exchange Commission.

On Sept. 28, Seyffart said in an X post that it was “looking like the SEC is gonna let a bunch of Ethereum futures ETFs go next week potentially,” spurred by a potentially imminent U.S. government shutdown.

There are 15 Ether futures ETFs from nine issuers vying to launch.

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