SEC pauses Nasdaq bitcoin index options approval after CME jurisdiction challenge
The U.S. Securities and Exchange Commission has put its earlier approval of Nasdaq PHLX’s bitcoin index options on hold while it reviews a challenge from CME Group over which regulator should oversee the product. The dispute centers on whether cash-settled bitcoin index options tied directly to bitcoin’s value fall under the SEC or the Commodity Futures Trading Commission. The SEC had conditionally approved the product in May, allowing Nasdaq PHLX to list the contract under the ticker QBTC. CME objected in June, arguing that because bitcoin is treated as a commodity, options directly linked to its value should fall within the CFTC’s exclusive jurisdiction. The SEC accepted CME’s petition for review on July 29 and suspended the approval pending a final decision. The agency is also seeking public comment, with submissions due by Aug. 24. The outcome could determine whether Nasdaq can move forward with QBTC as structured, whether it would need to seek a CFTC-regulated venue for futures or swaps, or whether the contract would need to be redesigned around a security such as a spot bitcoin ETF.








