The SEC has significant concerns about the proposed staked Ether Exchange Traded Fund (ETF) from REX Shares and Osprey Funds, questioning its compliance with federal securities laws.
Issues highlighted by the SEC include unresolved questions about the fund's classification as an 'investment company' and concerns about the registration statement being improperly filed.
The SEC is examining whether disclosures about the fund's status as an investment company could be misleading to investors, potentially impacting the launch of similar staked ETH products.
The regulatory scrutiny reflects the challenges faced by innovative crypto investment vehicles in the U.S. market, with implications for the future approval of such ETFs and the need for greater regulatory clarity.