The SEC's recent approval of spot Ethereum ETFs, following Bitcoin, marks a key decision that ETH is not a security.
However, Prometheum Capital, a firm offering Ethereum custody services, continues to categorize Ethereum as a security, creating a point of contention.
This has raised concerns among Republican members of the U.S. House of Representatives, who have questioned both the SEC and FINRA about the firm’s actions. Specifically, four members of the House Financial Services Committee—John Rose, French Hill, Dusty Johnson, and William R. Timmons IV—have voiced their concerns in a letter to SEC Chairman Gary Gensler and FINRA Chairman Robert Cook.
The representatives pointed out that, while the SEC has stated Ethereum is not a security, Prometheum’s ongoing custody services for ETH, which it treats as a security, has created confusion. They argue that since FINRA only permits custody services for securities, it is unclear how Prometheum can offer Ethereum custody under these rules when the SEC does not classify ETH as a security.
The letter emphasized that Prometheum’s actions have only added to market uncertainty, questioning why both the SEC and FINRA have allowed the firm to continue offering ETH custody services. The lack of clear guidance from these regulatory bodies is seen as increasing risk and confusion for consumers and the broader crypto market.
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