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The SEC has launched a 60-day public comment period on how it regulates "Novel ETFs," a category covering crypto-asset funds, single-stock products, prediction market ETFs, and other strategies that fall outside traditional ETF structures.
What's the Scoop?
- The core question: The request zeroes in on whether ETFs investing primarily in non-security assets, like crypto, still qualify as "investment companies" under the Investment Company Act of 1940, a classification question that's been murky for funds built around digital assets.
- Rule 6c-11 in focus: The SEC is asking whether its 2019 rule 6c-11, which lets compliant ETFs skip individual exemptive orders and list quickly, needs new conditions such as minimum securities holdings or concentration limits specifically for crypto and other novel products.
- Speed vs. scrutiny: Regulators are also probing whether the current 60-to-75-day automatic effectiveness windows give SEC staff enough time to review fast-moving crypto ETF filings, and whether early, pre-filing consultations between sponsors and the agency should become standard practice.
- Prediction markets loom: The review lands as the SEC continues sitting on several prediction market ETF proposals tied to political and economic outcomes, even as it's approved a wide range of crypto ETFs covering assets like SOL and DOGE under Chairman Paul Atkins.
- Why now: SEC data cited in the release shows total ETF assets under management ballooned from $4T in 2019 to $12T by the end of 2025, a growth curve regulators say is straining its rulebook.
