Spot Ethereum ETFs Approval D-Day is This Week; Yay or Nay

The U.S. Securities and Exchange Commission (SEC) is expected to decide on the approval of spot Ethereum exchange-traded funds (ETFs) this week. This ruling could significantly impact the mainstream adoption of Ethereum, the second-largest cryptocurrency by market capitalization.

SEC’s Review Process for Spot Ethereum ETFs

For spot Ethereum ETFs to become available to the public, the SEC must approve both the 19b-4 filings, related to exchange rule changes, and the S-1 forms, which are the registration statements. The SEC typically has a 45-day statutory period to make an initial decision on the 19b-4 filings, which can be extended up to 240 days. Approval of these filings would allow the ETFs to be listed on exchanges. However, the S-1 forms must also be approved for the ETFs to be sold to investors.

Nate Geraci, President of The ETF Store, highlighted the SEC’s potential to “slow play” the approval of the S-1s, possibly delaying the process due to the complexities and risks associated with cryptocurrency products. Crypto exchange Coinbase estimates the chances of SEC approval for spot Ethereum ETFs by the end of the month to be between 30% to 40%.

The Five-Person Vote and Key Players

The decision on the spot Ethereum ETFs could come down to a vote by the five SEC commissioners, with Chair Gary Gensler possibly casting the deciding vote. In January, the approval of spot Bitcoin ETFs was determined by a narrow 3-2 vote, with Gensler’s vote being pivotal. The voting comes after the closure of a 3-week comment period in which interested parties were required to submit their input about the approval.

Commissioners Hester Peirce and Mark Uyeda, who are known for their supportive stance on digital assets, are likely to vote in favor of the spot Ethereum ETFs. Peirce, often referred to as “Crypto Mom,” has been vocal about integrating more decentralization into the financial system and has criticized the SEC’s approach to regulating the cryptocurrency industry. Uyeda has also called out the SEC for its “regulation by enforcement” approach and has shown support for cryptocurrency products.

On the other hand, Commissioners Caroline Crenshaw and Jaime Lizárraga are likely to oppose the approval. Crenshaw has previously expressed concerns about fraud and market manipulation in the cryptocurrency industry, arguing that the lack of systemic oversight poses significant risks to investors. Lizárraga has also been critical of the cryptocurrency industry, questioning its viability as an alternative to traditional finance.

Gary Gensler’s stance remains uncertain. Although he voted to approve spot Bitcoin ETFs, speculation suggests he may have been influenced by external pressures, such as the Grayscale lawsuit. His approach to the current Ethereum ETF applications could be different, especially given the ongoing investigations into Ether’s status as a potential security.

Market Predictions and Potential Outcomes

Crypto exchange, Coinbase, projects that there is a 30% to 40% possibility that the SEC will approve spot Ethereum ETFs by the end of the month. On the other hand, Bloomberg ETF analysts Eric Balchunas and James Seyffart predict a 25% chance that at least one spot Ethereum ETF will be approved on May 23, a significant drop from the 70% prediction made in January. This decline reflects the growing uncertainty and regulatory scrutiny surrounding cryptocurrency products.

If the SEC approves the spot Ethereum ETFs, it could drive substantial capital inflows into Ethereum, boosting its price and legitimacy as an investment asset. It would also mark a significant step towards integrating digital assets into the traditional financial system, providing a regulated and safer environment for investors.

On the other hand, a denial or delay in approval might underscore persistent regulatory concerns and hinder mainstream adoption. The SEC’s cautious approach highlights the broader uncertainties and risks associated with the cryptocurrency market, including issues of fraud, market manipulation, and the need for comprehensive regulatory frameworks.


The SEC’s upcoming decision on the spot Ethereum ETFs is a critical moment for the cryptocurrency market. Approval could signify a major advancement in the integration of digital assets into the mainstream financial system, offering a regulated and safer investment environment. As the decision looms, the crypto community remains on edge, anticipating a ruling that could shape the future of cryptocurrency investment.

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