Gary Gensler, chair of the U.S. Securities and Exchange Commission (SEC), declined to provide a definitive stance on whether Ethereum is classified as a security. Despite the SEC's consideration of numerous spot Ethereum ETF applications, Gensler refrained from offering a clear position on Ethereum's regulatory status.
Gensler emphasized that the determination regarding Ethereum's classification hinges on the specific facts and circumstances surrounding each cryptocurrency token. He highlighted the importance of assessing whether investors anticipate profits based on the efforts of others.
The SEC's stance on Ethereum has garnered increased attention amid the consideration of multiple applications for U.S. spot Ethereum ETFs. Notably, the regulator recently postponed a decision on the iShares Ethereum Trust from investment behemoth BlackRock, along with applications from Fidelity, Invesco, and Galaxy Digital.
Bloomberg ETF analyst James Seyffart speculated that the SEC might continue delaying Ethereum ETF decisions until May 23, aligning with the final deadline for applications from VanEck and Cathie Wood's investment firm, Ark Invest.
Gensler's approach appears consistent with the SEC's cautious approach to approving spot Bitcoin ETFs. Despite approving several such ETFs in January, Gensler underscored the evolving circumstances and urged investors to remain vigilant due to the risks associated with Bitcoin and related products.
In his recent remarks, Gensler reiterated crypto's classification as a highly speculative asset class. He raised questions about the underlying cash flows and use cases for thousands of tokens, hinting at potential securities implications.
Gensler's tenure at the SEC has seen a continuation of the view that Bitcoin is a commodity rather than a security. However, his reluctance to definitively address Ethereum's classification contrasts with his previous statements while at MIT in 2018. At that time, Gensler asserted that Ethereum was not a security, citing its decentralized nature. Nevertheless, he refrained from confirming this position since assuming his role at the SEC.
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