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The US SEC has questioned the compliance of Ethereum and Solana ETFs.
In a letter to the legal counsel of ETF Opportunities Trust, the SEC stated that staff still has unresolved questions regarding whether REX-Osprey ETH and SOL ETF (which includes staking components) primarily invests in securities as required by the Investment Company Act of 1940.
ETF Opportunities Trust is an open-end investment company headquartered in Delaware, serving as the legal vehicle for launching multiple exchange-traded funds, including those managed by REX.
According to U.S. law, if a fund primarily engages in the investment or trading of securities, or if more than 40% of its total assets are invested in securities, then the fund is classified as an investment company.