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Home/Markets & Investing/SEC RETAIL INVESTOR RULE · PAYMENT FOR ORDER FLOW SEC

A spot PEPE ETF would let investors own a meme coin through a stock exchange — and test whether regulators will treat internet-born assets like real securities

LW

Logan Waverly

SEC retail investor rule · Apr 9, 2026

A spot PEPE ETF would let investors own a meme coin through a stock exchange — and test whether regulators will treat internet-born assets like real securities

Source: DojiDoji Data Terminal

A spot PEPE ETF would let investors gain exposure to a meme coin through a regulated stock exchange — without buying or storing cryptocurrency directly. That possibility now hinges on a decision by the U.S. Securities and Exchange Commission, which has begun reviewing a formal application filed by Canary Capital.

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cryptocurrency

Treasury Secretary Bessent's Push for the Clarity Act targets the flight of crypto companies to Singapore and Abu Dhabi

Companies and developers have moved to jurisdictions like Singapore and Abu Dhabi because of regulatory uncertainty in the U.S. market. This uncertainty stems from the SEC and CFTC applying different standards to digital assets. Treasury Secretary Scott Bessent has urged Congress to pass the Clarity Act to resolve this. The act would establish a registration framework for trading platforms and intermediaries and clarify the standards for determining whether a digital asset is a security. It would also include disclosure and custody rules for investor protection, anti-money laundering measures, and authority to respond to illicit finance. Bringing digital-asset activity into a clear regulatory framework would strengthen oversight and transparency.

The firm submitted an S-1 registration statement, the standard form for new securities offerings, seeking approval for a spot PEPE ETF. Unlike futures-based funds, a spot ETF would hold actual PEPE tokens. That structure demands the SEC evaluate whether the underlying market is resistant to manipulation, sufficiently liquid, and capable of secure custody.

Related Brief2d ago
regulatory reform

The CLARITY Act’s Passage Would End Years of Regulatory Limbo for Crypto Firms and Investors

Years of regulatory uncertainty that pushed crypto innovation out of the United States could end if the CLARITY Act becomes law, as the SEC and Treasury signal readiness for immediate implementation. The act creates a clear federal framework for digital assets, ending the patchwork of enforcement actions that left firms guessing whether their tokens were securities or commodities. Jurisdiction would be split between the SEC and CFTC based on asset type and platform function, with defined registration pathways for trading platforms and intermediaries. Disclosure rules, investor protections, and custody standards would apply across the board. Stablecoins would be brought under regulatory oversight, and DeFi protocols could operate under defined safe harbors. The SEC’s 'Project Crypto'—launched in 2025—was built specifically to execute this transition, including updated application of the Howey test, token taxonomy, and on-chain market integration. Chairman Paul Atkins stressed that only legislation can lock in these rules permanently, since administrative actions are vulnerable to reversal. Treasury Secretary Scott Bessent has echoed that urgency, warning that delays sacrifice U.S. competitiveness and encourage offshoring. With the House already passed and Senate action pending, the final consequence is this: clear federal rules would reduce regulatory risk, attract institutional capital, and anchor crypto development in the U.S. for the first time in nearly a decade.

PEPE has a market capitalization of approximately $3.5 billion and trades on major platforms like Binance, Coinbase, and Kraken. While smaller than Dogecoin or Shiba Inu, its presence on regulated exchanges may support arguments for market integrity. Still, the SEC has historically scrutinized digital assets for price volatility and opaque issuance — concerns amplified with meme coins, which lack fundamental utility.

Related Brief3d ago
financial regulation

Thailand's Crypto Regulators Target Hidden Financiers to Close Ownership Gaps

Licensed crypto exchanges, brokers, and dealers in Thailand must now identify and disclose any financial backers who provide guarantees, structured financing, or layered investment support to their principal shareholders. The Securities and Exchange Commission is preparing rules that treat these backers as major shareholders, regardless of whether they appear on ownership records. This includes anyone providing financial support—directly or indirectly—to a controlling stakeholder, such as those financing equity purchases or backing holding companies. Parties with more than five percent voting rights or indirect operational control are now subject to regulatory accountability. To identify these parties, regulators will employ look-through tests to trace capital flows through guarantors, investment vehicles, and structured agreements. Conventional bank financing and regulated margin lending remain outside the scope of these rules. Companies have 180 days to update disclosures and seek approval for newly identified major shareholders. Firms relying on hidden financiers must now restructure or face noncompliance.

If approved, the ETF would list on a traditional exchange such as Nasdaq or NYSE Arca. That access would open PEPE to institutional capital, including registered investment advisors and retirement accounts barred from direct crypto ownership. It would also subject the asset to federal reporting and oversight requirements.

Related Brief3d ago
cybersecurity

Bitcoin Depot's $3.66 Million Theft exposes the vulnerability of settlement accounts

Bitcoin Depot recorded a financial loss of $3.665 million after hackers initiated unauthorized withdrawals of 50.903 BTC from company-controlled wallets. The loss is irreversible due to the nature of blockchain transactions. Hackers infiltrated the company's IT systems on March 23, 2025, and compromised credentials for the company's digital asset settlement accounts. This account handled internal settlement processes between Bitcoin Depot and its kiosk operators. The company disclosed the theft in a formal filing with the U.S. Securities and encrypted the same as a material matter due to the potential for reputational harm. As a Nasdaq-listed company, Bitcoin Depot must report material events affecting its financial financial condition under Regulation FD. This SEC filing triggers regulatory scrutiny of the company's compliance with Nasdaq market rules. Bitcoin Depot faces potential legal, regulatory, and response costs.

The SEC’s decision will set a precedent for whether internet-born, community-driven tokens can qualify as legitimate underlying assets for regulated financial products.

Related Brief3d ago
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SEC chairman backs Texas Stock Exchange as part of plan to cut IPO barriers and shift governance power to states

More southern-based companies are now choosing to list on the Texas Stock Exchange or Nasdaq Texas, reducing reliance on New York-based exchanges influenced by ESG and other 'woke' policies criticized by exchange founders. The shift follows the SEC's October approval of the Texas Stock Exchange (TXSE) as a national securities exchange headquartered in Dallas—a decision aligned with Chairman Paul Atkins' broader plan to return 'first principles' to public markets. Atkins aims to reverse a 40% decline in U.S.-listed public companies since the mid-1990s, when over 7,800 firms were listed on U.S. exchanges. His plan rests on three pillars: modernizing disclosure reports so they are meaningful and not repellant to investors; ensuring states, not the SEC, regulate corporate governance; and allowing public companies litigation alternatives while preserving meritorious shareholder claims. The TXSE is positioned to attract businesses from the 'Boom Belt'—eleven Republican-led southern states seeing above-average GDP growth, job creation, population growth, and private market activity. By ceding corporate governance regulation to states and reducing regulatory friction, the SEC's new approach lowers the cost and complexity of going public for companies in fast-growing regions. The result is a structural realignment in U.S. capital markets, where geographic competition among states shapes access to public capital and investor protection frameworks.

SEC retail investor rulepayment for order flow SECSEC crypto enforcementcrypto IRS rulingSEC enforcement actionSEC ESG enforcement

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