SEC Seeks Public Comment on “New ETF” Regulatory Rules, Covering Crypto-Asset Funds and Prediction Market Funds

On June 30, the U.S. Securities and Exchange Commission (SEC) announced that it is seeking public input on whether and how to regulate “new ETFs” and whether its existing registration processes need to be adjusted.

The focus of this consultation draft is how to promote innovation in the ETF sector while protecting investors, maintaining a fair, orderly, and efficient market, and encouraging capital formation.

In a statement, SEC Chair Paul Atkins said the comment solicitation will widely draw in suggestions from market participants to explore pathways for the sustainable growth and innovative development of the ETF market, so that we can assess how to adapt to changes in today’s market landscape.

Brian Daly, head of the SEC’s Division of Investment Management, added that ETF assets have expanded from $4 trillion in April 2019 to more than $12 trillion by the end of 2025, with various new product types continuously emerging. Public feedback is crucial for refining long-term industry development rules.

This comment solicitation primarily focuses on three areas: whether new ETFs should be brought within the regulatory framework for investment companies; how to optimize supporting rules for innovative ETFs; and how much room there is to improve the registration process for listing new products.

Separately, market observers predict that this request for comments may lead the SEC, starting in 2027, to allow a wider range of ETF types, including funds based on event contracts, crypto-assets, and single-stock strategies.

Notably, the public comment period for these regulatory rules is 60 days, counted formally from the date the relevant documents are published in the Federal Register.

During this time, market participants, industry institutions, and other stakeholders may submit written comments on the regulatory framework for new ETFs to provide reference for the SEC’s policy-making.

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