SEC Urged to Reconsider ‘First-to-File’ Rule for Cryptocurrency ETPs

SEC Urged to Reconsider 'First-to-File' Rule for Cryptocurrency ETPs

A joint letter from VanEck, 21Shares, and Canary Capital has been sent to SEC Chairman Paul Atkins, urging the agency to reconsider its decision to abandon the "first-to-file" rule for approving new cryptocurrency exchange-traded products (ETPs).

The companies argue that abandoning this rule has caused unfairness and stifled innovation in the market. They point out that when ProShares launched its Bitcoin futures ETF in October 2021, it received a three-day head start over other applicants due to an expedited review process. As a result, ProShares quickly captured almost 90% of the market share.

The companies assert that this is not an isolated incident. When multiple spot Bitcoin ETFs were approved by the SEC in January 2024—despite some having been filed years earlier than others—it exemplifies how abandoning first-in-time approval can benefit larger players at the expense of smaller ones.

A spokesperson from one of the companies involved stated, "We believe that reinstating ‘first-to-file’ would promote competition among issuers," adding that this would ultimately lead to lower prices for consumers. VanEck argues that abandoning first-in-time will lead investors away from ETPs altogether, harming them more than anyone else, while also reducing competition between issuers, which directly impacts prices for consumers.

The fate of this proposal remains uncertain as regulators weigh their options regarding cryptocurrency ETPs and regulatory approvals moving forward.

Fidelity Investments Plans New Bitcoin ETFs

In related news, Bloomberg reported on March 26 that Fidelity Investments plans to launch two spot Bitcoin exchange-traded funds (ETFs) on April 24 after receiving approval from Canadian regulators last week. This move comes as several U.S.-based firms have already launched similar products following changes made by U.S. regulators last year allowing such funds.

According to Bloomberg Intelligence analyst James Seyffart, Fidelity’s move could be seen as an attempt by the asset manager to gain greater traction in Canada’s $2 trillion fund industry. Fidelity plans two spot Bitcoin ETFs: one with no management fees and another with fees ranging between $0.20 to $0.40 per unit per day, depending on assets under management.

However, Seyffart noted that significant hurdles remain before these types of funds can be listed on major U.S. exchanges like NYSE Arca or Nasdaq OMX PHLX LLC. "Regulatory hurdles remain high," Seyffart stated, emphasizing that it will take time before any real traction is seen.

Fidelity declined to comment beyond its statement announcing plans for the new Bitcoin ETF listings next month.

Binance Expands Operations in Asia

In other news, Bloomberg reported that Binance Holdings Ltd., which was forced out of Singapore last year amid concerns over money laundering risks associated with cryptocurrencies, announced it had obtained licenses allowing users based outside mainland China to access certain financial services through partnerships established within Hong Kong SAR territory.

Binance did not provide details about the specific financial services nor whether they are available only through mobile apps or desktop websites. However, sources familiar with the matter indicated that this announcement marks a significant step towards expanding Binance’s reach into the Asia region following its exit from Singapore in late September.

Binance CEO Changpeng Zhao tweeted that the company had secured the necessary licenses to operate legally within Hong Kong SAR territory, where they had been operating virtually without permission since early February, when authorities froze all assets held by Chinese citizens at local banks due to national security concerns.

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