BlackRock Challenges SEC on Crypto ETFs

BlackRock Challenges SEC’s Regulatory Approach for Crypto ETFs

In a recent development, BlackRock, the world’s largest asset manager, has criticized the regulatory approach of the U.S. Securities and Exchange Commission (SEC) towards cryptocurrency exchange-traded funds (ETFs).

BlackRock questions the SEC’s preference for the 1940 Act, which primarily governs futures ETFs but may not be relevant to crypto-spot and futures ETF products.

While BlackRock acknowledges the importance of investor protection and market integrity, it believes that the current regulatory framework falls short in addressing the specific characteristics and dynamics of the cryptocurrency market.

Relevance to Crypto-Spot and Futures ETFs

The 1940 Act was established in a different era and does not take into account the unique characteristics of cryptocurrencies and digital assets. According to BlackRock, this creates a regulatory mismatch that hampers innovation and market development.

BlackRock argues that the SEC should consider alternative regulatory frameworks that are specifically designed for cryptocurrencies. These frameworks should address key concerns such as custody, valuation, liquidity, and market manipulation in a manner that aligns with the nature of the crypto market.

Furthermore, BlackRock suggests that the SEC should work closely with industry participants and experts to develop regulations that strike a balance between investor protection and fostering innovation.

The Need for Clarity and Certainty

BlackRock emphasizes the importance of regulatory clarity and certainty for market participants. A clear and predictable regulatory framework will provide confidence to investors and encourage responsible participation in the crypto market.

Currently, the lack of regulatory clearness impedes the launch of crypto ETFs in the United States, forcing investors to seek exposure to cryptocurrencies through other means.

Global Landscape and Competition

The delay in regulatory approvals for crypto ETFs in the U.S. has prompted market participants to explore opportunities in other jurisdictions. Countries like Canada and Brazil have already approved several cryptocurrency ETFs, attracting capital and fostering innovation in their respective markets.

If the SEC does not adapt its regulatory approach to accommodate crypto ETFs, the United States risks falling behind in the global race for cryptocurrency adoption and innovation.


BlackRock’s critique of the SEC’s regulatory approach emphasizes the need for a comprehensive and adaptable framework that caters to the specific requirements of the cryptocurrency market. By collaborating with industry experts and stakeholders, the SEC has the opportunity to foster innovation, protect investors, and maintain the United States’ competitive position in the global crypto ecosystem.


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