- Cboe submitted revised applications to list and trade shares of three spot BTC ETFs.
- The revised application includes surveillance-sharing agreements with Coinbase.
- Coinbase is mired in legal battles with the U.S. Securities and Exchange Commission.
Exchange operator Cboe Global Markets has taken a decisive step forward by submitting revised applications to list and trade shares of three spot Bitcoin exchange-traded funds (ETFs), including a notable offering from Fidelity.
A noteworthy addition to these applications is the inclusion of surveillance-sharing agreements with US-based crypto exchange Coinbase.
According to Reuters, the U.S. Securities and Exchange Commission (SEC) has consistently rebuffed numerous spot Bitcoin ETF proposals over the past few years, citing failure to meet the requisite standards to safeguard investors and prevent fraudulent activities.
According to the SEC’s earlier disapproval note dated March 2023, an exchange can adhere to the prescribed standards by establishing a comprehensive surveillance-sharing agreement with a regulated market of significant magnitude that pertains to the underlying Bitcoin assets.
In a parallel move, the Nasdaq stock exchange recently resubmitted an application to the SEC seeking approval for a spot Bitcoin ETF managed by BlackRock, the global asset manager. This application also features a surveillance-sharing agreement with Coinbase.
Coinbase’s role in the revised applications submitted to the SEC is particularly notable as it is being sued by the regulator. Last month, the SEC initiated a lawsuit against Coinbase, accusing the platform of operating an unregistered securities exchange and evading disclosure requirements to safeguard investors.
In response, Coinbase has submitted a letter to a federal court seeking to dismiss the SEC lawsuit. The crux of Coinbase’s argument is that the SEC lacks the authority to pursue civil claims, as the crypto assets traded on its platform do not fall within the category of investment contracts and are, therefore, not classified as securities.
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