The SEC has essentially handed over crypto ETF approval authority to the CFTC by making futures contracts the main qualification requirement for digital asset exchange-traded products. Bloomberg analyst James Seyffart characterized this setup as the SEC “pseudo-outsourcing” its decision-making responsibilities to the derivatives regulator.
According to the proposed listing standards, cryptocurrencies only need to demonstrate six months of futures trading on the Coinbase derivatives exchange to become eligible for ETF inclusion. This framework eliminates conventional investment product criteria and puts the CFTC in the driver’s seat when it comes to determining which assets can gain access to ETF structures.
Traditional Requirements Get the Boot
The new rule proposal doesn’t include market capitalization requirements, underlying market liquidity thresholds, or float percentage minimums that usually govern ETF listings. Seyffart pointed out that the framework zeroes in exclusively on whether a futures market exists rather than conducting a thorough asset evaluation.
This streamlined approach stands in stark contrast to equity ETF standards, which examine multiple market metrics before giving the green light. The lack of traditional protections brings up concerns about investor safety and market stability as the crypto ETF space continues to grow.
With the CFTC serving as the primary gatekeeper, its commodity designations and derivatives exchange approvals essentially dictate SEC ETF eligibility. This roundabout control mechanism transfers regulatory power between agencies without clear coordination frameworks in place.
Breaking: #SEC gives the green light for crypto ETPs to allow in kind creation and redemptions.
IMO: This was the final holdup – we should see a lot of crypto ETF movement going forward.
This means market makers can use actual crypto assets to interact with the funds and ETF… pic.twitter.com/2zlXiv2sDf
— MartyParty (@martypartymusic) July 29, 2025
Coinbase’s Exclusive Gateway
Right now, Coinbase Derivatives stands as the only exchange with membership in the Information Sharing Group (ISG) from a pure cryptocurrency standpoint. This exclusive status gives the exchange significant influence over which digital assets can build the futures trading history necessary for ETF approval.
The monopolistic setup creates potential roadblocks where decisions made by a single exchange can impact entire ETF approval processes. Other crypto exchanges would need to join surveillance sharing agreements to broaden the pool of eligible assets.
Seyffart mentioned this restriction might continue until spot crypto exchanges obtain ISG membership, though there’s no set timeline for such developments. The current framework places considerable market influence within Coinbase’s derivatives platform.
The SEC’s transfer of ETF decision-making creates an uncommon regulatory arrangement where one agency’s criteria determine another’s approvals. This indirect oversight approach differs from standard regulatory coordination practices.
The setup might reflect the SEC’s hesitation to build crypto-specific knowledge while keeping its ETF oversight duties intact. By depending on CFTC decisions, the SEC sidesteps direct digital asset assessment while holding onto its investment product jurisdiction.
Market Implications
This regulatory shift may create more predictable pathways for crypto ETF approvals while concentrating significant influence within CFTC determinations. The framework could streamline the approval process but raises questions about the concentration of decision-making power in fewer regulatory hands.
Leave a comment