The U.S. Securities and Trade Fee (SEC) has paused Nasdaq’s approval of cash-settled bitcoin index choices and can rethink the choice following a authorized problem from CME Group, the company mentioned in an order launched for public inspection on July 31.
Again in Might, the SEC granted Nasdaq PHLX conditional approval to record cash-settled bitcoin index choices beneath the ticker QBTC. The product nonetheless required exemptions from the Commodity Futures Buying and selling Fee (CFTC) earlier than it might launch.
CME Group challenged the approval in June, arguing that bitcoin is a commodity and, as such, choices tied on to its worth fall beneath the CFTC’s unique jurisdiction reasonably than the SEC’s.
If the CME is true, the SEC would haven’t any authority to approve QBTC, and Nasdaq would wish to register as a CFTC-regulated futures or swaps venue, or redesign the contracts to trace a safety akin to a spot bitcoin exchange-traded fund.
The CME already operates regulated bitcoin futures and choices markets, whereas Nasdaq’s QBTC would compete for a similar buying and selling exercise with out Nasdaq registering beneath the CFTC framework that governs the CME.
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