How Does the Regulatory Status of Bitcoin Itself Affect ETF Approval?

The SEC's classification of Bitcoin as a commodity, not a security, is a key factor. This classification means that a spot Bitcoin ETF is not directly regulated under the same stringent rules as security-based funds.

The SEC must approve it under rules governing exchanges, focusing on market manipulation and investor protection, which leads to the 'significant market' test hurdle.

How Does the CFTC’S Surveillance of a Bitcoin Future Differ from the SEC’s Surveillance of a Spot Bitcoin ETF?
What Is the Difference between a ‘Spot’ Bitcoin ETF and a ‘Futures’ Bitcoin ETF?
How Does the “Major Non-Financial Asset” Status Affect SEC Vs. CFTC Jurisdiction?
How Does the Custody Requirement for a Spot Bitcoin ETF Differ from a Futures ETF?
How Does the CFTC Classify a Crypto Asset to Bring It under Its Jurisdiction for Derivatives Trading?
What Are the Implications of a “Security” Vs. “Commodity” Classification for a Crypto Derivative Product?
Distinguish between Horizontal and Vertical Commonality
How Can a Cryptocurrency-Focused ETF Be Structured to Track the Price of Bitcoin?

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