Grayscale, a leading crypto asset manager, has recently retracted its intention to launch an exchange-traded fund (ETF) for Ethereum futures, officially withdrawing its application with the Securities and Exchange Commission (SEC). Initially filed on September 19, 2023, the proposal for the Grayscale Ethereum Futures Trust ETF has faced multiple delays, with the SEC citing the need for additional time to review on several occasions.
The withdrawal notice does not provide specific reasons for the decision but reflects on the prolonged review process which included deferrals on November 15, December 18, and March 22. This move by Grayscale has sparked various speculations within the financial community regarding the strategic motives behind the withdrawal.
James Seyffart, an ETF analyst at Bloomberg, views the withdrawal as a strategic move, likening it to a “trojan horse” intended to replicate conditions favorable for Grayscale in past legal victories, particularly the GBTC lawsuit against the SEC. In that case, a federal appeals court sided with Grayscale after it challenged the SEC’s inconsistent stances on Bitcoin-related ETFs.
Seyffart suggests that by withdrawing the application, Grayscale might be avoiding a potential legal battle or setting the stage for an amended proposal. He notes that withdrawing and re-filing could simplify the SEC’s review process but eliminates immediate grounds for legal action against the SEC’s decisions.
Discussion also arises around the SEC’s stance on cryptocurrency ETFs, particularly as rumors circulate about potential approval for Ethereum spot ETFs, which would be tied directly to the current price of Ethereum rather than future values. Seyffart expresses skepticism about this approval, aligning with growing doubts about the SEC’s readiness to authorize Ethereum spot ETFs after previously categorizing Ethereum as a regulated security.
This backdrop of regulatory uncertainty and strategic withdrawals underscores the complexities of introducing cryptocurrency-based financial products in the U.S. market, highlighting the delicate balance between innovation, investor protection, and regulatory compliance in the evolving crypto landscape.
While the reasons behind Grayscale’s decision remain officially unspoken, the implications of this move extend beyond a simple application withdrawal, suggesting a tactical adjustment in response to an increasingly cautious regulatory environment.