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Crypto industry pushes SEC to keep separate rules for novel crypto ETFs

Grayscale, a16z, and the Crypto Council for Innovation warn against bundling crypto exchange-traded products into one regulatory bucket, seeking clearer review paths.

Sofia Marquez

Sofia Marquez

Regulation & Tech Editor, RefreshCoin

Regulation
RefreshCoin · Market deskBrief #BTC

Crypto industry heavyweights Grayscale, Andreessen Horowitz (a16z), and the Crypto Council for Innovation (CCI) submitted a joint letter to the US Securities and Exchange Commission urging the regulator to avoid blanket restrictions on novel crypto exchange-traded products (ETPs). The firms asked the SEC to preserve its existing classification framework and to build separate, faster review pathways for different types of crypto-backed funds, rather than treating every new product under a single catch-all category.

Why are Grayscale, a16z, and the CCI writing to the SEC now?

The groups are responding to a growing pipeline of novel crypto ETP filings at the SEC, including proposed funds that hold tokens other than bitcoin (BTC) and ether (ETH), staking-based products, and exchange-traded funds tied to baskets of crypto assets. Under the existing framework, each new type of fund has tended to be reviewed on its own merits, with issuers demonstrating market surveillance, custody, and manipulation-resistant features tailored to the underlying asset. The letter argues that folding all of these products into one bucket would slow approvals, raise costs, and limit investor choice across the US market.

The timing matters because the SEC has faced repeated pressure to streamline how it approves spot crypto ETFs. Asset managers have already launched spot bitcoin and spot ether ETFs after years of review, and the next wave of applications covers assets such as solana (SOL), XRP, and other major tokens, as well as more complex structures like yield-bearing funds. The industry letter is part of an effort to influence that next phase before the SEC settles on a new template.

What does the industry want the SEC to keep in place?

At the center of the request is the preservation of the SEC's existing classification rules for crypto assets, which determine whether a token is treated as a security, a commodity, or something else for review purposes. The groups argue that those distinctions should continue to guide how ETFs are approved, with standards and disclosures matched to the specific risks of each underlying asset rather than a one-size-fits-all test.

The letter also asks for clearer and faster review tracks, with issuers able to follow a defined process for novel products rather than waiting for ad hoc guidance. According to the summary, the three groups proposed different routes to clearer and faster reviews, a sign that issuers want a menu of options rather than a single pathway the SEC can reroute at will.

How does this fit the broader push for more crypto ETFs?

Since the first spot bitcoin ETFs began trading in the United States in January 2024, the market for US-listed crypto ETPs has expanded well beyond BTC and ETH. Issuers have filed for products tied to solana, XRP, dogecoin, litecoin, and a range of smaller tokens, alongside more experimental structures such as staking ETFs and index-style baskets that hold multiple coins at once. Each of these products raises different questions around custody, market integrity, and the regulatory status of the underlying asset.

The industry's position reflects a wider debate inside US financial regulation about how to handle crypto assets that do not fit neatly into the bitcoin or ether template. Comparable past episodes, including the multi-year wait for the first spot bitcoin ETFs and the SEC's earlier concerns around futures-based products, showed that unclear standards tend to delay approvals and push capital offshore. The joint letter is an attempt to avoid a repeat of that pattern as the queue of pending applications grows.

What is at stake for asset managers and investors?

For asset managers, classification drives how quickly a fund can launch, how much legal and compliance work it requires, and what disclosures investors see. A blanket approach, the industry argues, would force every novel crypto ETP to clear the same high bar regardless of the underlying asset's liquidity, market structure, or regulatory profile, raising costs that eventually land on investors. Separate, tailored pathways could shorten timelines and lower the cost of bringing new products to market.

For traders and investors, the practical effects show up in three places: the range of tokens accessible through US-listed ETFs, the fees charged on those products, and how fast new strategies such as staking exposure or diversified crypto baskets reach the market. The letter does not request any specific rule change, but it signals that major issuers and venture investors want a structured dialogue with the SEC as the next wave of approvals is shaped.

What should market participants watch next?

The SEC's response to the letter is the first checkpoint. Watch for public statements from SEC staff, any new rule proposals or guidance on novel ETPs, and the schedule for decisions on pending applications. The Commission's handling of filings for spot solana and spot XRP ETFs, both of which have attracted significant investor interest, will be an early test of whether the review process follows a single template or differentiated tracks.

Secondary signals include comments from asset managers on listing timelines, updates from exchanges such as the Cboe and NYSE Arca on proposed rule changes for new products, and any congressional interest in clarifying how crypto assets are classified. Each of these data points will help traders judge whether the US is moving toward a faster, more flexible regime for novel crypto ETPs or toward a slower, more uniform one.

How does this connect to the bigger regulatory picture?

The joint letter lands against a backdrop of broader US debate over crypto market structure, including proposals to define which agency oversees digital asset trading platforms and how custody rules should apply to investment advisers. Treating every novel crypto fund the same way would, in the industry's view, cut across those separate workstreams and blur the line between securities, commodities, and hybrid products. Keeping classification intact, by contrast, lets the SEC, the Commodity Futures Trading Commission, and market participants continue to negotiate those boundaries product by product.

For global markets, the outcome matters because US-listed ETFs have become a reference point for institutional crypto exposure. Slower or more uniform approvals in the United States tend to push demand toward offshore products and competitor jurisdictions, as seen during the years before spot bitcoin ETFs were approved. The industry's request is, in effect, a bid to keep that capital and product innovation anchored to US exchanges.

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Frequently asked questions

What did Grayscale, a16z, and the Crypto Council for Innovation ask the SEC to do?

They asked the SEC to preserve its existing crypto asset classification rules and to avoid treating all novel crypto exchange-traded products as a single regulatory category. The groups also proposed different routes to clearer and faster reviews for new products.

Why are novel crypto ETFs treated differently from spot bitcoin and ether ETFs?

Spot bitcoin and ether ETFs followed years of precedent around market surveillance, custody, and manipulation-resistant design. Novel products tied to other tokens, staking, or baskets raise new questions, which is why issuers want tailored review tracks instead of a uniform standard.

Which crypto ETFs could be affected by the SEC's approach?

Pending applications cover a range of assets including solana and XRP, as well as more complex structures such as staking-based funds and multi-asset index products. The SEC's handling of these filings will signal how future novel crypto ETPs are reviewed.

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