Several major banks in the United States are exerting pressure on the Securities and Exchange Commission (SEC) to facilitate their participation in the recently approved spot Bitcoin ETFs market.
Current Challenges and Banks’ Demand
In a joint letter addressed to U.S. SEC Chair Gary Gensler, several leading banking associations, including the Bank Policy Institute (BPI), the American Bankers Association (ABA), the Financial Services Forum, and the Securities Industry and Financial Markets Association (SIFMA), have requested targeted modifications to Staff Accounting Bulletin No. 121 (SAB 121).
According to an analysis from Coin Bureau, a prominent cryptocurrency analyst and commentator on X, the banks are actively lobbying the SEC to allow for their participation in the spot Bitcoin ETF landscape.
The association argues that the broad definition of “crypto-assets” in SAB 121 excludes them and acts as a barrier to banking organizations’ utilization of DLT to record traditional financial assets.
The letter points out specific examples illustrating the adverse effects of SAB 121, including the exclusion of banking organizations from serving as asset custodians for recently approved Spot Bitcoin ETFs due to regulatory capital requirements imposed by the Bulletin.
The banks have therefore asked the SEC to reconsider a rule that made it more costly for conventional banks to provide services related to cryptocurrency custody. To exclude traditional assets that are stored on the blockchain, the group has now asked the SEC to restrict the definition of crypto assets in SAB 121. By doing this, assets such as tokenized deposits would be exempt from the stringent crypto regulations.
They also suggested exempting banking organizations from on-balance sheet treatment while maintaining disclosure requirements, aiming to mitigate regulatory burdens without compromising investor protection. The associations meanwhile have pledged their commitment to collaborating with the SEC to ensure that regulatory frameworks support responsible innovation while upholding investor protection and market integrity.
The Spot Bitcoin ETF Market
The letter to Gensler and SEC staff signifies a noteworthy shift within the traditional banking sector, as financial institutions increasingly recognize the potential of Bitcoin ETFs to cater to the growing demand for cryptocurrency investment products among retail and institutional investors alike.
It remains to be seen if the SEC will grant participation of regulated banking organizations in the evolving landscape of digital assets and DLT, aligning with broader industry efforts to navigate regulatory challenges and foster responsible innovation.
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