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Do Gary Gensler’s Latest Comments Mean Spot Bitcoin ETFs are Close at Hand?

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Teuta Franjkovic
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Key Takeaways

  • SEC Chair Gary Gensler cautions that cryptocurrency investments might not adhere to safeguards provided by securities laws.
  • The cryptocurrency domain is still subject to volatility and instances of insolvency.
  • New entrants in the crypto market are frequently targeted by fraudulent schemes, such as counterfeit coin deals.

SEC Chair Gary Gensler has shared advice for cryptocurrency investors, providing “some things to keep in mind” in the context of the heightened anticipation surrounding the SEC’s decision on the first spot Bitcoin ETF.

The market is watching closely, as the SEC has received a dozen applications for this new financial product.

Gensler Issues Cautionary Remarks Ahead of Bitcoin ETF Decisions

SEC Chairman Gary Gensler’s recent comments on cryptocurrency take place at a time when asset managers are filing for Bitcoin ETF approval. This indicates an increased level of regulatory scrutiny. In his tweets , Gensler cautioned potential investors in crypto assets. He emphasised the importance of being aware of the risks and the regulatory framework surrounding these investments.

He said :

“Those offering crypto asset investments/services may not be complying w/ applicable law, including federal securities laws.”

Gensler highlighted concerns that investors in crypto assets could face a lack of critical information and fundamental protections.

He did not specifically reference any of the proposed ETFs in his thread. However, the timing of his comments, coming just hours after major asset managers like BlackRock, Ark Invest/21Shares, VanEck, WisdomTree, Invesco, Fidelity, and Valkyrie submitted amended S-1 forms for their proposed funds, caught the attention of the cryptocurrency community.

This flurry of filings was interpreted as a strategic maneuver ahead of potential approval. This made Gensler’s remarks particularly noteworthy.

SEC Expected to Rule on Spot Bitcoin ETFs Soon

Following the submission of amended 19b-4 forms by exchanges like Nasdaq, the NYSE, and Cboe on Friday, the decision now rests with the SEC. If these forms receive approval, trading can commence as soon as the S-1 forms become “effective,” a process that occurs at the same time.

Expectations are high for a decision from the SEC in the coming days, especially with the January 10 deadline looming for a response to the application by Cathie Wood’s ARK Investment and 21Shares. However, analysts have pointed out the SEC has considerable discretion in this matter and could, potentially, delay its decision further.

Gensler’s comments on Monday did not provide clear indications of his stance. His remarks were consistent with previous cautions he has issued to cryptocurrency investors.

In late November, Gensler was reserved regarding the ongoing review process for spot Bitcoin funds, saying he did not want to “pre-judge” the issue. He has previously described the SEC’s review procedure as  “time-tested”.

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Teuta is a seasoned writer and editor with more than 15 years of experience. She has expertise in covering macroeconomics and technology as well as the cryptocurrency and blockchain industries. She has worked for several publications as a journalist and editor, including Forbes, Bloomberg, CoinTelegraph, Coin Rivet, CoinSpeaker, VRWorld and Arcane Bear. Teuta began her professional career in 2005, working as a lifestyle writer at Cosmopolitan in Croatia. From there, she branched out to several other publications, covering mainly business and the economy. She then turned her attention to the world of cryptocurrency and blockchain, believing that crypto is among the most important inventions in the history of humanity. Her involvement in fintech began in 2014 and she has since lent her expertise in writing, editing and gathering information about the world of crypto, blockchain, NFTs and Web3. An all-round news hound, mentor, editor, and writer, Teuta enjoys teamwork and good communication. She holds a WSET2 diploma and has a thing for chablis, punkrock music and shoes. She also holds a double MA in Political science and Entrepreneurship.
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