According to Eric Balchunas"Senior ETF Analyst @ Bloomberg" tweet, FTX's proposal to CFTC for a new clearing model could open door to satisfy the SEC's requirement for a federally regulated spot bitcoin market if approved.[1]
FTX's proposal before the CFTC for a new clearing model for its cryptocurrency-trading platform looks to us like it could eventually offer a path to US approval of a spot Bitcoin ETF. Puttng FTX's spot Bitcoin markets under CFTC oversight could satisfy the SEC's requirements for federally regulated monitored spot Bitcoin market.
[1]Proposal could bring FTX under CFTC's jurisdictioncontent: FTX's platform could qualify as a federally regulated spot Bitcoin exchange under the company's proposal to the CFTC, which offers a "non-intermediated" model for crypto derivatives trading: FTX would directly hold collateral from the customer rather than use a Futures Commission Merchant (FCM). This would allow FTX to offer leverage or margin to anyone trading on the platform. A section of the Commodities Exchange Act of 1936 stated[
sup][1][/sup]Commodities Exchange Act Section 2(c)2(D)[2]
(D)Retail commodity transactions (i)Applicability Except as provided in clause (ii), this subparagraph shall apply to any agreement, contract, or transaction in
any commodity that is -
(I) entered into with,
or offered to (even if not entered into with), a person that is not an eligible contract
participant or eligible commercial entity; and
(II) entered into,
or offered (even if not entered into), on a leveraged or margined basis, or financed by the
offeror, the counterparty, or a person acting in concert with the offeror or counterparty on a similar basis.
Sources:[1]https://twitter.com/EricBalchunas/status/1529095347556974593/photo/1
[2]https://www.cftc.gov/LawRegulation/CommodityExchangeAct/index.htm
This is surely a long shot but this idea can solve the uncertainty of SEC for te approval of Bitcoin Spot ETF.
Note: I just re-echo the analysis of Eric Balchunas about the subject to share it here in the forum. Refer to the source for more details and conversation development.