SEC pushes deadlines for ARK 21Shares, VanEck spot Ether ETF applications

The United States Securities and Exchange Commission (SEC) has delayed reaching a decision on whether to approve or disapprove of spot Ether (ETH) exchange-traded fund applications from ARK 21Shares and VanEck.

In separate notices filed Sept. 27, the SEC said it would designate a longer period on whether to approve or disapprove of a proposed rule change that would allow listings of spot ETH ETFs from VanEck and ARK 21Shares on the Cboe BZX Exchange. The commission said it had received no public comments on either proposal and would push the deadlines for another delay or decision to Dec. 25 and Dec. 26, respectively.

“The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change and the issues raised therein,” said the SEC.

The delay came the same day the Nasdaq Stock Market filed a proposed rule change with the SEC for listing its mixed ETH ETF — a combination of spot Ether holdings and futures contracts. Proposed rule changes with the New York Stock Exchange Arca for the Grayscale Ethereum Futures Trust and Hashdex Bitcoin Futures ETF, and the Cboe BZX Exchange for the Franklin Bitcoin ETF were also filed on Sept. 27.

The SEC announced on Sept. 26 it would designate a longer period to reach a decision on spot Bitcoin (BTC) ETF applications from ARK 21Shares and GlobalX. The commission filed the notice weeks ahead of the next deadlines for both investment vehicles, pushing a final decision on ARK 21Shares’ ETF to January.

And here's @vaneck_us' delay as expected https://t.co/uloOidbfd1 pic.twitter.com/i4Hhv5yhiR

— James Seyffart (@JSeyff) September 27, 2023

Related: US lawmakers call on SEC chair to approve spot Bitcoin ETFs ‘immediately’

In August, ARK Investment Management founder and CEO Cathie Wood speculated that should the SEC move forward with spot ETF approvals, it could allow multiple listings simultaneously to avoid giving any single company an advantage over another in the market. Her remarks came prior to Grayscale Investments winning a court battle with the SEC over its spot Bitcoin ETF application, which will likely be reviewed.

To date, the SEC has never approved a spot crypto ETF in the U.S. but has allowed the listing of crypto-linked futures ETFs as well as a leveraged Bitcoin futures ETF. The next deadlines for spot crypto ETF applications from firms including BlackRock, WisdomTree, Invesco Galaxy, Valkyrie, Bitwise and Fidelity are scheduled for October.

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