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SEC’s crypto-spot ETF rejection caused regulatory quandary

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On Wednesday, June 29, 2022, the U.S. Securities And Exchange Commission (SEC) revealed an 86-page decision, Order unfavorable a planned Rule Change, as changed by change No. 1, to List and Trade Shares of Grayscale Bitcoin Trust below New York Stock Exchange genus Arca Rule 8.201-E, that in essence could be a rejection of Grayscale’s exchange-traded fund (ETF). There are many elements of the discussion worth delving into, however maybe none a lot of thus than what’s found on page 21, which states that a lot of commentators argue that the worth of Bitcoin is subject to manipulation on the unregulated platforms, and approval of the proposal would invite extra manipulation.

Crypto-spot ETF market is manipulation free

The footnote cites a letter in support of the proposal received from Noah Dreyfuss, CIO of Dreyfuss Capital Management, among others, that noted that Frankly, one would realize nice difficulty in claiming that the spot Bitcoin market is freed from manipulation. Another letter cited, from Jonas M. Grant, same that the Bitcoin market is not any doubt vulnerable to some manipulation.

And yet, the SEC has been hesitant to produce the terribly regulation necessary to limit that manipulation. Commissioner Hester Peirce spelled out the difficulty absolutely in remarks ready for the restrictive Transparency Project Conference. And here we discover ourselves another time with over eighty pages of informative content that, at its crux, is inconsistent. The primary paragraph of the SEC’s analysis states,

Regulator has to take stand

The inconsistency, of course, is that the SEC has had the chance over the past many years, as Commissioner Peirce has noted, to figure in conjunction with the trade and different stakeholders to develop the sort of regulatory structure that will offer exchanges and other industry establishments a measuring device by that to match themselves.

It’s one factor to mention that the market has fraud and manipulation simply. Still, it is a wholly totally different thing to develop a technique to bring the trade along and develop a guidebook, which might each keep investors safe whereas permitting the industry to expand and innovate. Had the SEC been engaged with the digital assets area in a very method that engineered relationships and bred trust, maybe we’d be in a different place right now. Maybe laws concerning cybersecurity would’ve prevented a minimum of a number of the lot of preventable hack headlines we’ve seen. Maybe regulations on exchange operators would’ve squelched some fears of manipulation.

Maybe the most important players would’ve been place in a very position wherever they would’ve seen a lot of urgency in implementing security procedures. Maybe several things, indeed. However, till regulators get on my feet and choose to completely and fairly do their jobs in a sensible way, letters like these can still smack of inconsistency.

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