April 25 (Reuters) - U.S. issuers and other firms expect
the Securities and Exchange Commission to deny their
applications to launch exchange-traded funds (ETFs) tied to the
price of ether after discouraging meetings with the agency in
recent weeks, four people said.
VanEck, ARK Investment Management and seven other
issuers have filed with the SEC to list ETFs that would track
the spot price of the world's second-largest cryptocurrency
after bitcoin. The SEC must decide on VanEck's and ARK's
filings, which are first in line, by May 23 and May 24
respectively.
Recent meetings between issuers and the SEC have been
one-sided and agency staff have not discussed substantive
details about the proposed products, said four people who
participated.
That is in contrast to the intensive and detailed
discussions between issuers and the agency in the weeks before
its landmark approval of spot bitcoin ETFs in January, said the
people who declined to be identified because the talks are
private.
The agency, which is led by crypto skeptic Gary Gensler,
rejected spot bitcoin ETFs for more than a decade over market
manipulation worries but was forced to approve them after
Grayscale Investments won a court challenge.
Issuers argued in the meetings that those ETFs and ether
futures-based ETFs the SEC approved in October set a precedent
for the spot ether products, and have tried to address potential
regulatory concerns, the people said. SEC staff listened but did
not spell out specific concerns or generally ask questions,
suggesting the agency will deny the filings, they added.
That would be a setback for the crypto industry which had
hoped spot bitcoin ETFs would pave the way for other similar
products and push cryptocurrencies into the mainstream.
"It seems more likely that approval will be delayed until
later in 2024, or longer," said Todd Rosenbluth, head of ETF
analysis at data firm VettaFi, who is tracking the issue
closely. "The regulatory picture still seems cloudy."
Some issuers said they still plan to file additional
disclosure paperwork with the SEC to keep the conversation
going.
A SEC spokesperson said it does not comment on individual
filings. VanEck CEO Jan van Eck told CNBC this month the firm's
application would "probably be rejected."
ARK did not return requests for comment. When asked by
Reuters at an event this week about its ether application, ARK
CEO Cathie Wood said only that ether could become a major asset
class.
An expected thumbs-down is reflected in ether's price, said
Hong Fang, president of crypto exchange OKX. While the
cryptocurrency is up 39% this year, it has struggled to keep
pace with bitcoin, which is up more than 51% and scaled new
peaks last month.
"There's more downward pressure on prices as people build
that expectation in," said Fang.
'MORE DATA'
The SEC has held just a handful of meetings on the ether
products so far, according to the sources and SEC records.
The only meeting disclosed by the regulator was last
month with crypto exchange Coinbase. It related to
Grayscale's application to convert its Ethereum Trust
into an ETF, for which Coinbase is the custodian.
The SEC approved spot bitcoin ETFs on the basis that
existing market surveillance mechanisms for bitcoin futures
ETFs, which it approved in 2021, were good enough for spot ETFs
too.
Coinbase argued that the same rationale applies to the spot
ether products, since ether futures and the spot market are
highly correlated, according to the SEC disclosure.
If the SEC does reject ether ETFs, several applicants expect
it to do so due to broad issues, such as the nature and depth of
statistical data on the underlying ether market.
The agency may argue it has had limited time to observe
ether futures, said Matt Hougan, chief investment officer at
Bitwise Asset Management, which has filed for a spot ether ETF.
"I think that would be the mechanical reason why it would
get pushed out is they just want to see more data."
Some say rejection could invite another lawsuit.
"It's entirely possible we'll eventually see ether ETFs,"
said one of the sources. "But not until somebody is denied and
goes to the courts."