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ETF Issuers Demand SEC Revert to 'First-to-File' for Fairer Approvals

By DarshitaNewcomer0 rep· 6/7/2025

Leading ETF issuers VanEck, 21Shares, and Canary Capital have formally urged the U.S. Securities and Exchange Commission (SEC) to reinstate the "first-to-file" principle for ETF approvals. They argue that the current deviation from this long-standing process disadvantages smaller firms, stifles innovation, and risks market consolidation, particularly within the burgeoning crypto asset space.

 

Call for Fairer ETF Approval Process

In a joint letter addressed to SEC Chairman Paul Atkins, the three prominent ETF issuers expressed significant concerns over the SEC's recent shift in its ETF review procedures. Historically, the "first-to-file" principle ensured that applications were approved in the order they were submitted, fostering a level playing field. The issuers contend that abandoning this approach creates an uneven playing field, potentially leading to market dominance by larger, established players.

 

Key Takeaways

  • Competitive Disadvantage: The current process puts smaller or newer firms at a competitive disadvantage, hindering their ability to enter and compete effectively in the ETF market.

  • Market Consolidation Risk: There is a growing risk of market consolidation, where dominant firms could monopolize early ETF market share, limiting competition and innovation.

  • Stifled Innovation: The reduced incentive for pioneering product development diminishes investor choice, compromises market efficiency, and undermines the SEC's mission to protect investors and facilitate capital formation.

  • Impact on Crypto ETFs: The issue is particularly pertinent in the rapidly expanding crypto asset space, where fair and equitable approval processes are crucial for fostering a diverse and competitive ecosystem.

 

Broader Implications for Financial Innovation

The letter emphasizes that the continued global leadership of the United States in financial innovation is deeply connected to regulatory frameworks that actively support and reward entrepreneurship, creativity, and genuine innovation. The issuers warn that without recalibrating the ETF review process to ensure equal footing for all applicants, the current environment may discourage innovation and reduce investor choice, especially in the crypto ETF market.

 

SEC Delays and Industry Frustration

The appeal from VanEck, 21Shares, and Canary Capital reflects a broader industry frustration with the SEC's approach to ETF approvals, particularly concerning digital asset products. The SEC has recently delayed decisions on several altcoin and crypto-staking ETFs, including Grayscale's spot Solana Trust ETF and various staking and XRP ETFs. These delays, often extending to the full response time allowed, have further fueled calls for a more transparent and predictable approval process.

This collective call to action from leading ETF issuers could significantly influence future discourse and regulatory frameworks surrounding crypto financial products in the United States.

 

Sources

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