Why has the U.S. SEC delayed approving a spot Bitcoin ETF?

Despite contrasting approaches from other regulators, the SEC remains skeptical of spot Bitcoin ETFs due to concerns over market manipulation, custody issues, and regulatory uncertainty.

Jan 05, 2025 at 07:15 am

Key Points

• The SEC's reluctance to approve a spot Bitcoin ETF stems from concerns about market manipulation, custody issues, and a lack of regulatory clarity.
• Several ETFs have been proposed and rejected, with the SEC citing concerns over the underlying Bitcoin spot market.
• The SEC's approach is in contrast to other regulatory bodies such as Canada, which has approved several spot Bitcoin ETFs.

The SEC's Concerns

The SEC's primary concern regarding spot Bitcoin ETFs is the potential for market manipulation. The underlying Bitcoin spot market is less regulated than traditional financial markets, making it more susceptible to price manipulation and fraud. The SEC fears that a spot Bitcoin ETF would provide a platform for such activities, allowing investors to be misled or scammed.

Additionally, the SEC has concerns about the custody of Bitcoin underlying a spot ETF. Unlike traditional ETFs that hold physical assets, a spot Bitcoin ETF would require the custodian to hold the Bitcoin in their own wallets. This raises concerns about the security and reliability of such custody arrangements.

The SEC has also cited a lack of regulatory clarity as a reason for delaying the approval of spot Bitcoin ETFs. The agency is still developing its regulatory framework for digital assets, including Bitcoin. This creates uncertainty for both ETF issuers and investors, making it difficult to launch and invest in spot Bitcoin ETFs with confidence.

Rejected ETF Proposals

Several spot Bitcoin ETF proposals have been submitted to the SEC, but none have been approved to date. Some of the most notable include:

• The Winklevoss Bitcoin Trust (COIN) was proposed in 2013 but has been repeatedly rejected by the SEC.
• The SolidX Bitcoin ETF (XBTC) was proposed in 2018 but was also rejected by the SEC.
• The VanEck SolidX Bitcoin ETF (EBTC) was proposed in 2021 but was eventually withdrawn due to the SEC's lack of clarity on the regulatory status of Bitcoin.

Contrasting Approaches to Spot Bitcoin ETFs

The SEC's approach to spot Bitcoin ETFs is in contrast to other regulatory bodies, particularly Canada. The Ontario Securities Commission (OSC) has approved several spot Bitcoin ETFs, including the Purpose Bitcoin ETF (BTCC) and the Evolve Bitcoin ETF (EBIT).

The OSC's approach is based on a belief that a well-regulated spot Bitcoin ETF can provide investors with exposure to Bitcoin while mitigating risks such as market manipulation and fraud. The OSC has implemented measures such as requiring ETFs to invest in physically settled Bitcoin and to have robust custody arrangements.

FAQs

Q: Why is the SEC so concerned about market manipulation in the Bitcoin spot market?

A: The Bitcoin spot market lacks the same level of regulation as traditional financial markets. This makes the market more vulnerable to price manipulation, where individuals or groups attempt to artificially inflate or deflate the price of Bitcoin to profit.

Q: How does the SEC plan to address custody issues in a spot Bitcoin ETF?

A: The SEC is still developing its regulatory framework for digital assets. The agency is expected to provide guidance on how custodians can hold and manage Bitcoin for spot ETFs in the future.

Q: Will the SEC ever approve a spot Bitcoin ETF?

A: It is difficult to predict whether the SEC will ever approve a spot Bitcoin ETF. The agency has expressed concerns, but it is also aware of the growing demand for such products from investors. It is possible that the SEC will eventually approve a spot Bitcoin ETF if the agency is satisfied that the underlying market is sufficiently regulated and that investors are adequately protected.