FINMA previously authorized the Crypto Market Index Fund in September 2021, but that product was restricted to qualified investors and held a basket of digital assets rather than Bitcoin alone

Overview Debates Related claims Topics Sources

Judge Alvin K. Hellerstein ruled under Federal Rule of Civil Procedure 60 that newly acquired knowledge of facts existing when the January 2025 consent order was entered does not constitute a significant change in factual circumstances

The CFTC filed a lawsuit in 2022 alleging Gemini Trust Company made false or misleading statements of material fact in 2017 regarding a Bitcoin futures contract relying on Gemini auction prices

FINMA granted Switzerland's first retail Bitcoin ETF, which it approved on October 20, 2026, an exemption from standard risk diversification requirements given Bitcoin's long trading history and high trading volume, emphasizing the exemption is specific to Bitcoin, not other cryptocurrencies

FINMA stated on October 20, 2026, that multiple other fund providers have submitted or announced applications for retail Bitcoin ETFs in Switzerland

FINMA's January 12, 2026, guidance flagged cyberattacks and inadequate protection of cryptographic private keys as primary operational risks for crypto fund institutions

FINMA declined to reveal the name of Switzerland's first retail Bitcoin ETF, which it approved on October 20, 2026, its issuer, its listing venue, or its launch date

FINMA warned investors that Bitcoin remains highly volatile and that capital invested in the ETF it approved on October 20, 2026, could lose a significant amount of its value

FINMA required firms selling the retail Bitcoin ETF it approved on October 20, 2026, to adhere to Swiss Financial Services Act (FinSA) conduct rules, including suitability checks and explicit warnings regarding price volatility

The Swiss Financial Market Supervisory Authority (FINMA) approved Switzerland's first retail exchange-traded fund (ETF) that directly holds Bitcoin on October 20, 2026

Prior to FINMA's ETF approval on October 20, 2026, Swiss exchanges offered crypto exchange-traded products (ETPs), which are structured debt securities governed by exchange rules rather than Swiss investment fund law

France should tax cryptocurrency conversions into stablecoins

The public comment period for the SEC's proposed Regulation Crypto Assets framework, published in August 2026, closes on October 20, 2026.

The Hyperliquid Policy Center cautioned the SEC against automatically treating network validators and ordinary users as a single controlling party solely because they share similar economic incentives.

The Hyperliquid Policy Center asked the SEC to distinguish automated token repurchases governed by predefined blockchain code from discretionary buybacks managed by centralized project operators or corporate entities.

The SEC's proposed Regulation Crypto Assets framework permits eligible crypto projects to raise up to $5 million over four years under a startup exemption or up to $75 million annually under a fundraising exemption.

The Hyperliquid Policy Center urged the SEC to clarify whether unregistered trading services, decentralized exchanges, and on-chain protocols can legally facilitate secondary market transactions for tokens issued under proposed exemptions.

The Hyperliquid Policy Center cited the SEC's own economic analysis, arguing that limited secondary-market liquidity could significantly reduce the intended practical benefits of the proposed fundraising exemptions.

The Hyperliquid Policy Center urged the SEC to make federal preemption of state securities registration requirements permanent after a project exits or meets the proposed Safe Harbor conditions.

The Hyperliquid Policy Center recommended that routine administrative delivery steps, such as connecting a wallet or completing sanctions and KYC screening, should not be legally interpreted as payment for airdropped tokens.

The Hyperliquid Policy Center filed a comment letter on October 19, 2026, requesting five key revisions to the U.S. Securities and Exchange Commission's proposed Regulation Crypto Assets framework.