Crypto Firms May Have Found a Way To Fast-Track Spot Crypto ETF Applications

Core Insights - The Investment Company Act of 1940 ('40 Act') provides a faster pathway for firms to launch spot crypto ETFs, as demonstrated by REX-Osprey's rapid approval of its spot Ripple (XRP) fund [2][3][7] Group 1: Regulatory Framework - The '40 Act was established to minimize self-dealing, fraud, and mismanagement in financial firms, particularly after the 1929 Stock Market Crash and the Great Depression [1] - REX-Osprey's XRP ETF must maintain a diversified portfolio, requiring 80% XRP along with cash, treasuries, and derivatives, which deviates from a "pure" spot ETF structure [4][7] - Firms under the '40 Act must register with the SEC, outline their objectives, and adhere to strict reporting standards to ensure investor protection [3][4] Group 2: Approval Process - The typical review process for spot crypto ETFs under the Securities Act of 1933 can take up to 240 days, while the '40 Act allows for a reduced review period of 75 days for applications with similar precedents [5][7] - The SEC has the authority to exempt certain rules under the '40 Act if alternative safeguards are in place, as seen with REX-Osprey's use of a Cayman Islands subsidiary for XRP holdings [6][8] - REX-Osprey's XRP ETF launch was initially set for September 12 but was delayed to September 18, indicating some regulatory scrutiny despite the expedited process [8]