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News/SEC Review of Grayscale Ethereum ETF Extends Deadline

SEC Review of Grayscale Ethereum ETF Extends Deadline

Van Thanh Le

Jan 26 2024

5 months ago4 minutes read
Cubic-styled chibi robot in an enchanted forest, interacting with glowing Ethereum creatures, capturing the magical anticipation of Ethereum ETF

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Ethereum ETFs: Inching Closer, But Not Quite There

The long-awaited decision on Grayscale's spot Ethereum ETF application hangs in the balance, leaving investors in a holding pattern. The U.S. Securities and Exchange Commission (SEC) has once again captured attention by postponing its verdict on Grayscale Investments' bid for a spot Ether exchange-traded fund (ETF). 

This move, opening the floor for public discourse, extends the decision-making timeline by an additional 35 days following its announcement in the Federal Register. The SEC's call for public input on this pivotal decision underscores the complexity and significance of the matter.

The backdrop of this development is intriguing. The SEC's recent nod to spot Bitcoin ETFs on U.S. exchanges, including Grayscale's own Bitcoin Trust, sets a precedent. However, the Bitcoin Trust has experienced notable fluctuations, shedding about $4.4 billion in just nine trading days. Grayscale isn't alone in this race; it's vying alongside others, including a similar application from investment giant BlackRock, whose fate the SEC has deferred to March. The decision could take as long as 240 days, leaving the market in anticipation.

Legal perspectives add depth to this unfolding story. Davis Polk attorney Scott Johnsson offers a comparative legal analysis of Ethereum's journey towards ETF approval, drawing parallels with Bitcoin's path. Ethereum seems to be on a faster track, propelled by evolving regulatory perspectives and significant legal milestones, such as the Grayscale case. The process for Bitcoin's spot approval, involving a series of regulatory steps, sets a complex but informative roadmap for Ethereum.

Futuristic cityscape with cubic-styled chibi robot watching Ethereum logo transform into a phoenix on a billboard, symbolizing the resilience of Ethereum ETF.webp

Central to this journey is the compliance with Section 6(b)(5) of the Exchange Act, focusing on safeguarding against fraud and manipulation. The SEC employs a three-pronged strategy to address these concerns, which includes demonstrating inherent resistance to fraud, exploring alternative fraud prevention methods, or establishing a Surveillance Sharing Agreement (SSA).

The Grayscale ruling has stirred the pot, challenging the SEC's traditional reliance on the "significant size" test. This ruling underscores the importance of the correlation between spot and futures markets and the effectiveness of SSAs in significant markets. The SEC's recent decisions, notably sidestepping the "significant size" test in favor of alternative methods under 6(b)(5), signal a potential shift in its approach.

Ethereum faces its unique set of challenges. It must prove a strong correlation between its futures and spot markets, ensuring consistency and robustness over a significant historical period. The SEC's recent dealings, particularly with Coinbase and Binance, add another layer to Ethereum's ETF aspirations. Notably, Ethereum's non-classification as a security in these instances is a critical factor.

As the May deadline approaches, the SEC's decision on Ethereum's spot ETF hangs in the balance, influenced by a blend of legal, strategic, and market factors. BlackRock's involvement could play a pivotal role in this high-stakes decision, marking another chapter in the ever-evolving narrative of cryptocurrency regulation.

Ethereum ETFs: A Tug-of-War Between Optimism and Regulatory Scrutiny

The quest for a spot Ethereum ETF in the U.S. has become a nail-biting saga, with the Securities and Exchange Commission (SEC) holding the reins. This position, as FOX Business reporter Eleanor Terrett reveals, has sparked a spectrum of expectations in the industry. On one hand, whispers of internal resistance and "hard no's" echo through the SEC's halls, painting a picture of regulatory skepticism. On the other hand, optimists point to the green light for Bitcoin ETFs and BlackRock's ETF prowess, clinging to the hope of a similar fate for Ethereum.

The resistance isn't just external. Within the SEC, a notable faction stands firmly against the approval of Ethereum spot ETFs, a sentiment echoing a resounding "hard no" from within the regulatory fortress. Yet, in the face of this opposition, a wave of optimism persists among asset managers and ETF issuers. They find solace in the SEC’s past green light for Ethereum Futures ETFs and BlackRock's successful track record in ETF approvals.

Financial titans JPMorgan Chase & Co. and Morgan Creek Capital, through the lens of CEO Mark Yusko, offer a cautious prediction. They cap the odds of the SEC's approval by May at a tentative 50%, pointing to the SEC’s broader apprehension towards the crypto sector. In contrast, Bloomberg's senior ETF analyst Eric Balchunas paints a brighter picture, estimating a 70% chance of a spot Ether ETF seeing the light by May.

Legal perspectives add another layer to this complex narrative. Digital asset lawyer Joe Carlasare leans towards a positive outcome, citing the SEC's history of greenlighting ETFs based on ETH Futures traded on the Chicago Mercantile Exchange (CME). Adding a unique voice to the chorus, SEC Commissioner Hester Peirce, known for her crypto-friendly views, suggests that the path to approving spot Ether ETFs might not be fraught with legal hurdles, a stance that diverges from the SEC's generally cautious approach.

The coming months are crucial, as the SEC gears up to decide on a slew of applications from heavyweights like VanEck, ARK 21Shares, Hashdex, Grayscale, Invesco, and BlackRock. This period of anticipation is further intensified by the precedent set by the approval of Bitcoin ETFs in the U.S. While SEC Chair Gary Gensler has made it clear that a green light for a spot Bitcoin ETF doesn't automatically open the floodgates for other cryptocurrency ETFs, the industry remains on tenterhooks, watching for signs of a breakthrough in the Ethereum ETF saga.

Ethereum in Flux: Market Jitters Amidst Celsius Maneuvers and Dencun's Looming Arrival

Ethereum's journey in recent weeks has been a dance on a tightrope, marked by colossal asset movements, delayed decisions, and the promise of pivotal upgrades. Recently, the defunct crypto lending giant Celsius stirred the market by transferring a colossal 459,561 ETH, worth approximately $1 billion. This massive movement is part of Celsius's strategy to realign its assets and settle debts amidst its bankruptcy saga.

This transaction has sent ripples through the Ethereum community. Creditors, with bated breath, anticipate potential repayments, while others worry about the added pressure these transfers could place on Ethereum's market value. Despite these swirling uncertainties and the delays in Ethereum ETF approvals by the U.S. SEC, Ethereum's price remains steadfast, trading at $2,253, marking a slight uptick of 1.17% in 24 hours.


On the developmental front, Ethereum is not just surviving; it's thriving. The much-anticipated Dencun upgrade is on the horizon, promising to redefine Ethereum's trajectory. This upgrade, already making waves on the Goerli testnet, is a beacon of innovation with its array of Ethereum Improvement Proposals (EIPs), especially the EIP-4844, known for proto-danksharding.

Proto-danksharding is not just a buzzword; it's a game-changer. It's set to revolutionize Ethereum's scalability by introducing data blobs, a move that could slash transaction costs by a staggering 80%-90%. However, the road to Dencun's deployment wasn't without its bumps. A glitch in Ethereum’s proof-of-stake client Prysm momentarily halted progress, but the swift resolution of this issue is a testament to the resilience and meticulousness of Ethereum's development ethos.

As Ethereum continues to navigate through these testnet trials, the crypto community watches with anticipation. The successful implementation of Dencun on Ethereum's mainnet could be a watershed moment, potentially ushering in an era of enhanced storage efficiency and reduced operational costs for layer-2 networks. In this ever-evolving landscape, Ethereum continues to adapt, innovate, and surprise, solidifying its position at the forefront of the blockchain revolution.


Ethereum's journey towards a US spot ETF remains uncertain, with the SEC holding the key. Legal arguments, market factors, and regulatory hurdles complicate the landscape. Meanwhile, Ethereum itself navigates internal upgrades and external pressures, with its price holding steady despite anxieties. Dencun's arrival promises scalability advancements, potentially reshaping the blockchain's future.


1. What is the current status of the Grayscale Ethereum ETF application?

The SEC has delayed its decision on Grayscale's application, calling for public comment until March. This extension indicates a thorough review process, and final approval remains uncertain.

2. What are the main arguments for and against approving Ethereum ETFs?

Proponents cite increased investor access, market transparency, and potential economic benefits. Opponents express concerns about market manipulation, investor protection, and the underlying technology's stability.

3. How significant is the Dencun upgrade for Ethereum?

Dencun aims to revolutionize Ethereum's scalability through data blobs and proto-danksharding, potentially reducing transaction costs by 80-90%. This could attract broader adoption and fuel further development on the Ethereum ecosystem.

4. What are the potential implications of Celsius's recent Ethereum transfers?

These movements could influence Ethereum's market value, impacting creditors and raising concerns about potential selling pressure. However, Ethereum's price remains stable, suggesting resilience despite surrounding uncertainties.

This article has been refined and enhanced by ChatGPT.

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