The Securities and Exchange Commission is developing a standardised framework that would allow token-based exchange-traded funds to list directly on exchanges, without requiring individual Rule 19b‑4 filings. The initiative, still in early stages, would set eligibility criteria—such as specific thresholds for market capitalisation, trading volume and liquidity—to determine which tokens qualify for streamlined launches.
This approach echoes previous SEC moves: in 2016, actively managed ETFs gained generic listing access under Rule 19b‑4, bypassing lengthy approval processes. Exchanges such as NYSE, Nasdaq and Cboe laid the groundwork by integrating uniform listing standards for index-based and active ETFs, paving the way for this token-focused evolution.
In May, Nasdaq formally proposed Rule 5703 to facilitate generic listing of multi-class ETFs, provided they align with Rule 6c‑11 and relevant exemption orders—allowing shares to debut without SEC review per fund. Similarly, Cboe sought generic listing permission for commodity-based ETFs to enable immediate options trading once criteria are met. The current SEC effort extends that logic to the burgeoning field of digital asset tokens.
Nasdaq has suggested the SEC adopt consistent standards for spot crypto ETPs under the 1933 Act, arguing that futures-based equivalents have already benefited from generic listing systems. This dovetails with mounting interest in regulated spot token funds, evidenced by amendments to listings such as Solana ETFs by issuers including 21Shares and Bitwise.
Under the envisaged standard, exchanges would apply objective, measurable thresholds—minimum market cap, daily volume and liquidity—to lists of token ETPs. Meeting these thresholds would allow issuers to bypass the full Rule 19b‑4 paperwork and associated months-long wait. Exchanges would retain responsibility for ongoing surveillance, as required by Section 19b‑4, ensuring investor protection and market integrity.
Stakeholders believe the move could vastly reduce time-to-market and cut legal and administrative costs. Industry analysts have highlighted that current Rule 19b‑4 reviews often delay ETF launches by months, even years. Exchanges argue that objectively defined generic standards provide predictability and efficiency—benefits that appear essential in digital asset markets known for rapid innovation.
Critics caution, however, that token assets may present unique compliance and market-risk considerations. Spot crypto markets, for instance, remain vulnerable to manipulation, price fragmentation and regulatory uncertainty. Ensuring adequate surveillance and governance, they warn, is material to the standard’s success.
To address this, exchanges plan to build in monitoring mechanisms, adaptation of surveillance regimes, and safeguards to delist or suspend tokens that fail to maintain standards. Similar models have been applied to options on commodity ETFs and multi-class ETF shares, suggesting a tested regulatory infrastructure.
The SEC’s token-ETF framework is likely to include consultation with market participants and exchanges, incorporating feedback from recent proposals such as Nasdaq’s push for spot crypto ETP generic listing. Legal advisors emphasise the importance of clear, data-driven criteria to withstand Rule 19b‑4’s statutory requirement for investor protection.
Key players expected to benefit include token issuers, established asset managers entering crypto, and intermediaries seeking to offer exchange-traded token exposure. Streamlined listing could also encourage institutional investors to enter the token market with confidence, potentially increasing adoption and liquidity.
Within the regulatory community, observers note that the SEC is mindful of its 2024 approval of spot Ether ETFs via individual 19b‑4 forms; a broader listing standard could expand this success to a wider array of digital assets. Meanwhile, pending amendments relating to token staking in ETFs—such as those Cboe filed in March—underscore the growing diversity within crypto-linked products.
As deliberations progress, industry and legal experts are analysing possible criteria thresholds, surveillance protocols, and whether the framework will initially apply only to spot token ETPs or extend to futures and hybrid products. Exchanges appear to favour a phased approach, beginning with established tokens that already meet basic listing requirements.
Arabian Post – Crypto News Network
