- The SEC has engaged in discussions with 21Shares regarding the possibility of Solana being classified as a security, potentially impacting their Solana Spot ETF application.
- Following these discussions, the 19b-4 form required for ETF listing has been withdrawn from the Federal Register, delaying the SEC’s decision on the Solana ETF.
In a recent development that has sent ripples through the cryptocurrency community, the US Securities and Exchange Commission (SEC) has initiated discussions with 21Shares, an investment firm that had filed an application for a Solana Spot ETF. The crux of these discussions revolves around the potential classification of Solana as a security, a move that could significantly impact the fate of the ETF application.
The application for the Solana Spot ETF, submitted in June, aimed to list the ETF on the Chicago Board Options Exchange (Cboe BZX) under the ticker symbol “21Shares Core Solana ETF.” The listing process necessitates the review of both the issuer’s S-1 form and the exchange’s 19b-4 form. However, in light of the SEC’s concerns, the 19b-4 form has been withdrawn from the Federal Register, effectively delaying the SEC’s decision on the Solana ETF.
Regulatory Hurdles and Political Climate
This development comes as no surprise to many, given the SEC’s stance on Solana in several lawsuits, including the one against Binance, where Solana has been explicitly labeled as a security. The SEC’s recent actions seem to be aimed at preempting an unfavorable court ruling by preventing securities like Solana from taking center stage in the Binance case.
While Solana is widely considered a frontrunner for a spot ETF, alongside Bitcoin and Ethereum, experts remain skeptical about its imminent approval. Unlike Bitcoin and Ethereum, Solana is not traded on the CME, the largest futures market, raising concerns about its regulatory oversight. Furthermore, SEC Chair Gary Gensler has explicitly classified Solana as a security, and there is little expectation of this stance changing under the current Biden administration.
The Road Ahead
The future of the Solana Spot ETF remains uncertain. While sources suggest that the 19b-4 form may be resubmitted with modifications, 21Shares will likely face an uphill battle in convincing the SEC that Solana is not a security. The outcome of this regulatory tussle will undoubtedly have far-reaching implications for the cryptocurrency industry, particularly for altcoins aspiring to gain mainstream recognition through ETFs.