In recent months, the United States Securities and Exchange Commission (SEC) has approved the long-awaited Spot Bitcoin ETFs, causing anticipation within the crypto space for the potential arrival of Spot Ethereum ETFs. However, analysts at JP Morgan, a prominent American financial service firm, have taken a less optimistic stance on the possibility of Ethereum Spot ETFs gaining approval from the SEC. In a note to clients, the team of analysts led by Nikolaos Panigirtzoglou, Managing Director at JP Morgan, expressed reservations due to regulatory and judicial reasons, arguing that the chances of Ethereum Spot ETFs being approved are no higher than 50%.
The analysts at JP Morgan stated, “While we are sympathetic to the above arguments, we are skeptical that the SEC will classify ether as a commodity as soon as May.” This skepticism arises from the recent delay of Fidelity’s Ethereum Spot ETF approval by the SEC. The regulatory body postponed their decision to March 5, 2024, explaining the need for additional time to review the application. Furthermore, the deadline for the SEC’s final decision on the Spot Ethereum ETF applications has been pushed from late January to August 2024.
However, January 25th emerges as a crucial date that could provide the crypto space with a better understanding of the potential launch of these ETFs. This date marks the deadline for Grayscale’s Ethereum Spot ETF application. Grayscale has already engaged in legal action against the SEC in response to the rejection of their Spot Bitcoin ETF. The asset management company achieved a legal victory in August 2023 when the US Columbia Court of Appeal ruled that the SEC had wrongfully rejected their Bitcoin ETF application.
The recent approval of Spot Bitcoin ETFs by the SEC, after months of legal and regulatory obstacles, suggests that the potential approval of Spot Ethereum ETFs will also undergo a protracted regulatory process. Should Ethereum Spot ETFs receive SEC approval, it would provide investors with an unprecedented opportunity to gain exposure to the cryptocurrency without owning it.
Nevertheless, the current regulatory framework surrounding cryptocurrencies in the United States remains uncertain. For instance, XRP faced a lawsuit from the SEC in 2020 when the regulator classified it as a security. Additionally, the SEC has labeled various other cryptocurrencies as securities.
The approval of Ethereum Spot ETFs predominantly relies on the SEC’s classification of the digital asset, determining whether it falls under the category of a commodity or security. In January 2024, the SEC granted approval for Ethereum futures ETFs, acknowledging Ethereum’s status as a commodity. If the SEC deems Ethereum as a commodity, the potential approval of an ETF application becomes more promising. However, as highlighted by JP Morgan analysts, it may take a significant amount of time before the SEC reaches a decision. The regulatory agency has consistently demonstrated an aggressive approach to cryptocurrency regulation in the United States. Following the approval of Spot Bitcoin ETFs, SEC Chairman Gary Gensler publicly stated that the agency neither approves nor endorses Bitcoin, considering all cryptocurrencies as investment contracts subject to federal securities laws.
While the crypto space eagerly awaits the potential arrival of Spot Ethereum ETFs, the outlook for their approval appears grim according to analysts at JP Morgan. Factors such as the recent delay of Fidelity’s Ethereum Spot ETF approval, the extended decision deadline for Spot Ethereum ETF applications, and the SEC’s aggressive regulatory approach all contribute to the uncertainty surrounding the approval of these ETFs. Ultimately, investors and enthusiasts must exercise caution and conduct thorough research before making any investment decisions in this evolving landscape.