Coinbase’s Huge Role in Proposed Bitcoin ETFs Raises Big Questions

Discussion in 'Crypto Assets' started by ajacobson, Jan 5, 2024.

  1. ajacobson

    ajacobson

    By Michael P. Regan
    January 4, 2024 at 4:00 PM CST
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    In this issue of the Bloomberg Crypto newsletter, Michael P. Regan wonders what the SEC thinks about the huge role that Coinbase is poised to play in proposed spot-Bitcoin ETFs.

    The SEC and Coinbase
    When it comes to discussions about the US finally approving a spot-Bitcoin ETF or issuing more rejections, there’s a gorilla in the room that few seem to be acknowledging: Coinbase Global Inc.

    The largest US crypto exchange – and the only one that’s a public company – is poised to play a major role as a middleman between the crypto market and the traditional equities market where the exchange-traded funds would trade.

    The only twist? The Securities and Exchange Commission sued Coinbase in June, alleging that the company acted as an exchange, broker-dealer and clearinghouse without registering with the agency for any of those roles.

    At the time, the company’s chief legal officer said it would fight the SEC in court while simultaneously pushing for a legislative solution on crypto regulations that the company hoped would advance in the House of Representatives by the end of the summer. That didn’t happen, of course, and anyone who’s been paying attention to US politics knows Congress can barely agree on a lunch order – or even to keep the government open, for that matter -- let alone pass major legislation like that. There was even talk at the time that the legal battle between Coinbase and the SEC could end up in the Supreme Court, yet the case hasn’t even gone to trial yet. And the US high court sort of has its hands full at the moment anyway with, you know, the whole future of American democracy and whatnot.

    Source: @brian_armstrong
    Meanwhile, according to the prospectuses of wannabe spot-Bitcoin ETF issuers, Coinbase will be a central component of how these securities operate, providing multiple key roles including custody, trading execution, market surveillance and even lending. While the SEC’s case against Coinbase doesn’t revolve around Bitcoin itself or custody of the original cryptocurrency, ETF issuers including BlackRock have acknowledged they are dependent on Coinbase and have flagged the SEC’s case against the crypto platform in their risk disclosures.

    "Through Coinbase Prime, we aim to provide a secure and comprehensive environment for the world's largest institutional clients,” a spokesperson for Coinbase said in an email, when asked about whether the SEC’s lawsuit will affect its role as a service provider to ETF issuers. “We have extensively prepared for ETF approval -- we are the service provider of choice precisely because of the resiliency of our products and our robust track record."

    A representative for the SEC didn't return a request for comment. But, oh, to be a fly on the wall in Washington and hear what the regulators think about a company that they’re poised to battle in court playing such a huge role in facilitating the trading of securities they’ve being asked to approve.

    Counting it out
    • $697,000,000
      Value of crypto positions liquidated after a market flash crash, according to Coinglass
    Hearing them out
    “The spot market is still a little, let’s call it, weird. FTX, Binance, stuff, things, shaggy hair guy in the news.”
    Simeon Hyman
    Global Investment Strategist at ProShares
    In a discussion on Bloomberg TV about a potential spot-Bitcoin ETF and its impact on futures market



    What we’re reading (and writing)


    What we’re watching
    Bitcoin ETF Is Fully Priced In: Glen Goodman


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    — With assistance from Yueqi Yang, Olga Kharif, Emily Nicolle, and Allyson Versprille

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