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Crypto Trends

SEC Says Crypto Staking Not Subject to Securities Laws

by admin June 1, 2025



In brief

  • The SEC has clarified staking rules, excluding self-staking and custodial staking.
  • Its corporate finance division emphasized the importance of retaining ownership of assets.
  • Commissioner Caroline Crenshaw criticized the SEC guidance, calling the agency’s approach a “‘fake it ’till we make it'” outcome.

The SEC issued new guidance on crypto staking, confirming Thursday that most of the common staking activities aren’t subject to federal securities regulations, as long as specific conditions are met.

Protocol staking involves locking crypto assets that are “intrinsically linked to the programmatic functioning of a public, permissionless network,” the regulator wrote in its latest guidance on Thursday.

The same crypto assets could also be used “to participate in and/or earned for participating in such network’s consensus mechanism,” it added.

Consensus mechanisms are rules that help participants agree on the network’s state and verify transactions.

Staking on specific protocols does “not involve the offer and sale of securities” as defined under the Securities Act of 1933. The non-security status and definition of “Protocol Staking Activities” also extend to the Securities Exchange Act of 1934.

The guidance effectively ends uncertainty following a tumultuous period under former SEC Chair Gary Gensler during the Biden era, who previously labeled most crypto as securities.

“The SEC’s decision-making process is more open and transparent than most regulators, which is a real strength of the U.S. system,” Michael Bacina, an executive in residence from the global policy think tank Global Digital Finance, told Decrypt.

“Given securities laws are designed to protect people from situations where others can mismanage (or steal) their assets, it’s hard to see the policy reasons why non-custodial staking services should be pulled into a regulatory net,” he added.

Under federal laws, a security is any financial instrument, like stocks, bonds, investment contracts, and derivatives, through which people invest money expecting profits derived from the efforts of others.

The SEC’s latest statements come less than a month after major crypto firms urged the agency to provide clear rules on staking, defining it as one “technical function necessary to secure” proof-of-stake networks, not a securities offering or investment scheme.



Types of staking covered

The guidance covers staking crypto on proof-of-stake networks and third-party operators, such as validators and custodians, for earning rewards.

The coverage includes three types of staking: self-staking, where participants stake their own assets; self-custodial staking, where owners delegate staking to node operators but keep ownership; and custodial staking, where custodians stake assets for customers.

However, the guidance does not cover practices like liquid staking and restaking, where providers have control over staking decisions that may still be subject to securities laws.

The staff guidance later claimed in a footnote that this was because the statement addresses protocol staking “generally rather than all of its variations.”

It’s worth noting that the guidance only reflects the views of SEC staff, which means it’s non-binding and does not carry the force of law.

Commissioner disagrees

SEC Commissioner Caroline Crenshaw issued a sharp rebuke on Thursday, declaring crypto staking activities exempt from securities regulation run counter to applicable laws. 

The dissenting commissioner also said the new guidance contradicts court precedent, citing two cases involving U.S. crypto exchanges Kraken and Coinbase. She also cited a separate dismissal for Binance, released on the same day.

As a result, Crenshaw said the agency was undergoing a “‘fake it ’till we make it’ approach to crypto.”

“Rather than promote clarity, this approach continues to sow uncertainty around what the law is and what parts of it the Commission is willing to enforce,” she wrote.

Edited by Sebastian Sinclair

Editor’s note: Adds comments from Michael Bacina

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June 1, 2025 0 comments
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Breaking Solana, Ethereum Staking Etfs Hit Roadblock With New Sec Letter
GameFi Guides

Solana, Ethereum Staking ETFs Hit Roadblock with New SEC Letter

by admin May 31, 2025



The plan to launch two new crypto ETFs tied to Solana and Ethereum has hit a snag after the U.S. Securities and Exchange Commission (SEC) raised concerns that they are not fit for ETFs

On Friday, SEC reportedly sent a letter to RexShares, the company behind the ETFs, saying that the ETFs do not fit the legal definition of an “investment company.” That’s a requirement for any ETF that wants to be traded on the stock market.

The SEC also said the registration forms may have been “improperly filed” and that some of the information shared could be “potentially misleading.” In short, the agency thinks parts of the paperwork could confuse investors.

Meanwhile, Rex shared that it got a green light to launch the ETFs and was hoping to start trading both by the middle of June. Now, that plan might be delayed. The ETFs were initially created to allow inventors to earn rewards through staking. In simpler terms, Investors could earn extra crypto by locking up their assets which in turn would be used to run the blockchain network. 

In response to this, Greg Collett, a general counsel at Res Financial said, “We think we can satisfy the SEC on the investment company question, and we don’t intend to launch the funds until we do that.” This means REX is prepared to work with SEC on this issue before moving forward with the launch. 

Bloomberg ETF analyst James Seyffart shared some details of the letter on X. He explained that the agency’s main issue is with Rule 6c-11, also known as “The ETF Rule.” This rule allows ETFs to launch quickly without going through a lengthy approval process. According to Seyffart, the SEC believed these staking ETFs don’t qualify under this rule, which could prevent them from listing. 

Meanwhile, this is not the first time the agency will intervened in such an event. In March 2025, the SEC publicly questioned an ETF from State Street and Apollo Global Management that invested in private credit just hours after it was listed.

Also Read: Meta Says No to Bitcoin Treasury, Is Ripple’s XRP on Cards?



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May 31, 2025 0 comments
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crypto, Coinbase, SEC, PayPal
GameFi Guides

SEC Says Staking Activities Not Securities

by admin May 31, 2025


Trusted Editorial content, reviewed by leading industry experts and seasoned editors. Ad Disclosure

In a significant development for the industry, the US Securities and Exchange Commission’s (SEC) Division of Corporation Finance shared its view on crypto staking after the recent call for clear guidance on the sector. The SEC branch seeks to “provide greater clarity on the application of the federal securities laws to crypto assets.”

SEC Offers Clarity On Crypto Staking

On Thursday, the SEC’s Division of Corporation Finance issued new guidance on Protocol Staking, affirming that most of these activities are not subject to US securities laws and “don’t need to register with the Commission transactions under the Securities Act.”

In its statement, the regulatory agency said that certain staking activities on Proof-of-Stake (PoS) networks are not considered securities transactions under federal regulations. The SEC explained that the new guidance addresses the staking of cryptocurrencies “intrinsically linked to the programmatic functioning of a public, permissionless network.”

Therefore, these activities, including self-staking, self-custodial staking with direct third-party validators, and custodial staking where platforms stake assets on behalf of customers, don’t meet the criteria for an investment contract under the Howey Test and don’t involve the offer and sale of securities.

Journalist Eleanor Terret highlighted that the SEC’s statement “is a big deal for ETF providers who want to offer staking,” as it clarifies that “staking in this format is generally not thought of as a securities transaction by the Division of Corporation Finance.”

However, the guidance noted that it doesn’t address all staking practices: “This statement addresses Protocol Staking generally rather than all of its variations. Further, this statement does not address all forms of ‘staking,’ such as so-called ‘liquid staking,’ ‘restaking’ or ‘liquid restaking.’”

‘Stake It Till You Make It’?

Following the news, SEC Commissioner Hester Peirce stated that the new guidance “provides welcome clarity for stakers” as uncertainty surrounding regulatory views discouraged Americans from engaging in staking activities for fear of violating securities laws.

“Providing Security is not a ‘Security,’” she affirmed, adding that the unclear rules “artificially constrained participation in network consensus and undermined the decentralization, censorship resistance, and credible neutrality of proof-of-stake blockchains.”

The new guidance follows the industry’s call for clear staking rules, where a coalition of nearly 30 industry players and advocacy groups urged the SEC to offer clarity. As reported by Bitcoinist, the Crypto Council for Innovation’s (CCI) Proof of Stake Alliance (POSA) sent a letter signed by 29 industry giants to the SEC’s Crypto Task Force on April 30.

Acknowledging the SEC’s regulatory shift under the Trump administration, the letter argued that the existing securities disclosure regime was ill-suited for staking services, which are fundamentally technical instead of financial.

The crypto coalition asked for clear, principles-based guidance for staking and staking services, citing the SEC’s March statement on Proof-of-Work (PoW) mining, to protect users while enabling the growth of the staking industry.

However, not all SEC Commissioners agreed with the new guidance. Commissioner Caroline Crenshaw expressed her discontent in a Thursday statement, claiming that “staff ignores how its conclusions conflict with that applicable law.”

Crenshaw considers that the Division of Corporation Finance’s analysis “may reflect what some wish the law to be, but it does not square with the court decisions on staking and the longstanding Howey precedent on which they are based,” affirming that “This is yet another example of the SEC’s ongoing ‘fake it ‘till we make it’ approach to crypto – taking action based on anticipation of future changes while ignoring existing law.”

Total crypto market capitalization is at $3.27 trillion in the one-week chart. Source: TOTAL on TradingView

Featured Image from NBC News, Chart from TradingView.com

Editorial Process for bitcoinist is centered on delivering thoroughly researched, accurate, and unbiased content. We uphold strict sourcing standards, and each page undergoes diligent review by our team of top technology experts and seasoned editors. This process ensures the integrity, relevance, and value of our content for our readers.



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May 31, 2025 0 comments
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Rexshares Files For Solana &Amp; Ethereum Staking Etfs In Us
Crypto Trends

REXShares Files for Solana & Ethereum Staking ETFs in US

by admin May 30, 2025



REXShares has just taken a big step in the crypto world by filing a prospectus for new staking ETFs based on Solana (SOL) and Ethereum (ETH) that will be available in the US. While the exact launch date isn’t out yet, experts think these funds could start trading in the coming weeks.

Source: X

James Seyffart, a Bloomberg ETF analyst, shared this news on social media and confirmed the details about REXShares’ filing. He said:

“REXShares just filed an effective prospectus for Solana and Ethereum staking ETFs to list here in the US. Don’t know launch date but could be within the next few weeks. These are 40-act funds with a unique structure and do not go through the 19b-4 process.”

ETF expert Eric Balchunas also weighed in on the filing, noting that these could be the first-ever staked Ethereum and Solana ETFs to launch in the US. He pointed out that since the REXShares filing has already gone effective, a launch is likely just around the corner.

First-ever staked Ether and Solana ETFs could be launching soon. REX filing went effective (meaning launch likely in near-term). Would also be first-ever spot Solana too (only futures exist curr). This is the benefit of using 40 Act, it’s faster track to mkt but more work/boxes… https://t.co/GzSUbtLkq7

— Eric Balchunas (@EricBalchunas) May 30, 2025

Balchunas added that this would also mark the debut of the first spot Solana ETF—until now, only futures-based products have existed. He explained that using the 40 Act gives issuers a quicker path to market, although it requires meeting more regulatory requirements compared to the traditional 33 Act route. “Interesting,” he added, highlighting the significance of this move.

These ETFs will operate under the Investment Company Act of 1940, or the “40-Act,” which is a set of rules that carefully regulate investment funds and how they work with investors.

The big difference with these new ETFs is that they don’t have to wait for the usual, slow SEC approval process called “19b-4.” Instead, they use the 40-act rules, which are already SEC-approved. That means getting these funds to market can happen faster and smoothly.

This is a pretty big deal for crypto ETFs in the US. Soon, investors will have new, regulated ways to earn staking rewards from Solana and Ethereum, giving them more solid options to put their money into crypto.

Also Read: CRO Price Surges as Canary Files for Staked Cronos ETF





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May 30, 2025 0 comments
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XRP Flashes Bearish Signal as Staking Activity Declines
Crypto Trends

XRP Flashes Bearish Signal as Staking Activity Declines

by admin May 28, 2025


Despite the recent crypto market rally that saw XRP record massive daily gains, the latest data from on-chain monitoring firm XRPSCAN suggests that DeFi participants on the network have slowed down as market uncertainty rises.

12,906,712 XRP staked

According to the data provider, the total amount of XRP locked in automated market maker (AMM) pools has declined to 12,906,712 XRP as of May 27.

Source: XRPSCAN 

While AMM pools are mechanisms that allow the provision of liquidity on the XRP Ledger DEX, the decision among XRP users to lock in their funds in the AMM pools signals solid confidence in the token’s potential.

Nonetheless, a downturn in this metric suggests that the interest among investors to stake their tokens has reduced, suggesting that investors are less confident about XRP’s future performance.

Despite this plunge in staking activities, the data further revealed that the total number of active AMM pools providing XRP liquidity has increased to 20,299. This increase in active AMM pools despite the decrease in the total amount of XRP pooled suggests that there is a decent shift in how liquidity is distributed across the network.

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Meanwhile, it also appears that more AMM pools have been created with smaller amounts of XRP in them, possibly due to the increased volatility in XRP’s price or growing fear among investors as market uncertainty looms.

While the reason behind the plunge in the amount of XRP locked across AMM pools cannot be clearly determined, it is attributable to recent price dips experienced by the token.

With the crypto market experiencing mixed price actions amid recurring price corrections, investors are in doubt if there is still more to expect from the third-largest cryptocurrency by market capitalization.

As such, they have taken caution by staking lesser amounts of tokens. According to data from CoinMarketCap, XRP has slowed down on its rapid upsurge and has traded steadily with just a 0.29% increase since the last day.

Source: CoinMarketCap 

Notably, XRP is trading at $3.32 as of press time, despite reaching a high of $2.45 five days ago. While the token has maintained resilience above the $2 mark, investors are optimistic about a potential breakout in the price of the token.



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May 28, 2025 0 comments
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Staking in crypto: The gateway or the trap?
Crypto Trends

Staking in crypto: The gateway or the trap?

by admin May 24, 2025



Disclosure: The views and opinions expressed here belong solely to the author and do not represent the views and opinions of crypto.news’ editorial.

With crypto gaining more attention than ever, one term is popping up more and more: staking. At first glance, it seems like a simple way to get into the crypto world—steady rewards, low effort, and a quick path to make money. But is it really as simple as it seems?

In fact, behind the promise of passive income lies a real maze of risks that even the most seasoned crypto investors could overlook. Slashing danger, hacking threats, and custody issues—these dangers may quickly turn what seems like a smooth ride into a financial “minefield.”

So, let’s find out what staking really stands for, look closer at those dangers, and ultimately answer the question: Is staking a gateway or a trap?

Staking 101: A perfect beginner’s shortcut?

Staking is often compared to the crypto equivalent of a traditional bank deposit. Just like people might park their money in savings accounts to earn interest, staking lets them lock up their crypto assets in a blockchain network and earn rewards in return. In both cases, the idea is simple: put money to work and collect the rewards over time.

But while the concept feels familiar, there are some key differences. As is known, traditional deposits are backed by banks and, in many countries, insured by the government, offering a very high level of security. In crypto, the rewards for staking are not guaranteed—if the network’s performance stumbles or if you are slashed for misbehaving (more on that later), your returns can go belly up, and your assets could end up at risk.

Knowing these potential consequences, could staking seem beginner-friendly? Yes. The ease of the entire process is what makes it accessible for newcomers. In many ways, staking follows clear algorithms, similar to traditional finance.

Imagine yourself as a newbie investor, just dipping your toes into crypto. You hear about staking from a friend who has already made a little profit. They tell you: “Just lock up crypto, sit back and watch the wallet grow. No need to study tokenomics, track charts, or foresee the next big trend.” An enticing way to park your assets, right?

But the rabbit hole goes deeper than it first appears. Beneath the surface, staking carries some risks that could surprise beginners. Price volatility, penalties, and the hacking threat are the staking realities that can not be found in traditional bank accounts.

The hidden cost of ‘easy’ rewards

Price volatility could be the first curveball when it comes to staking. Since most rewards are paid in the same token you lock up, earnings are directly tied to market swings. You can earn a 10% a year reward, but what if the token’s value crashes by 40%? You are deep in red. Plus, many protocols require a lockup period, so in many cases, you will be stuck, watching your balance drain.

Then, there is slashing. It is a penalty that can hit users if the validator they stake misbehaves or simply goes offline. It is not just a technical gimmick — it is a real financial risk. Depending on the network, users could lose anything from 0,1% to the entire stake. Fortunately, there are ways to minimize risks:

  • Choose a blockchain that excludes slashing at all.
  • Use reliable validators or staking providers—look for those with strong uptime and a solid security track record under the belt.
  • If you run your own node, set up alerts, backups, and failover systems to make things run smoothly.
  • Find out about the protocol’s rules: you need to know what counts as slashing before placing the assets.

However, even if the validator plays by the rules, staking through third-party services could open the door to another danger: hacking. Remember the situation when the liquid restaking protocol Bedrock went through a serious exploit? It became a victim of a “security exploit” involving uniBTC—a synthetic Bitcoin token used in DeFI—that resulted in the loss of approximately $2 million in assets. So, it is a harsh reminder that flashy interfaces do not guarantee complete safety.

Finally, let’s not write off threats coming from regulators. Governments, particularly in the EU, are tightening their grip on crypto, and platforms could be easily geo-blocked or shut down without warning. If you are staking through a provider that suddenly ends up on the wrong side of the law in your country—your funds may be frozen or even gone.

Tron staking: Utility meets payback

It is well-known that staking setups promise passive income, but staking on the Tron blockchain network is different. It offers something more hands-on: real utility. Instead of just earning yield, users can stake Tron (TRX) to process their own transactions, eliminating network fees entirely. 

Besides, unlike traditional staking models, Tron allows users to stake TRX in exchange for Energy & Bandwidth, which is usually needed to process transactions and smart contracts on the network. These resources renew every 24 hours, which contributes to the elimination of transaction fees.

Yes, the passive yield from TRX staking can seem modest, typically being below 10% annually. But here is the twist: using those resources yourself means the possibility of reaching full payback within half a year or slightly more. That is the equivalent of a 171% return in saved fees over a year, far higher than most passive staking options offer. It is a really unique model, a kind of “PoS meets cost-efficiency” approach, one that few other blockchains provide today.

Risky, but not impossible to tame

Now, when it comes to staking, it is becoming clear: the rewards can be truly lucrative, but the risks are real. Volatility, penalties, hacking threats, and ever-evolving regulations are all part of this world. Still, it is not all doom and gloom. Staking, in its core essence, remains a viable option for crypto investors — it just requires a careful understanding of how the entire process works.

All in all, I am sure that the risks can be managed if you are aware of potential pitfalls, take steps to secure assets, and choose reliable platforms only. In other words, staking has come a long way—\and with the right approach, it can be a rewarding experience.

Vitaly Shtyrkin

Vitaly Shtyrkin is the CPO at B2BINPAY, an all-in-one crypto ecosystem for business. Vitaly is an experienced product manager who plays a vital role in shaping product strategy and guiding the development process to ensure alignment with organisational goals. He has almost 15 years of experience in the financial market, particularly within the fintech sector. He has recently focused on developing robust crypto payment solutions for businesses. As a key team member at B2BINPAY, Vitaly is dedicated to enhancing digital asset management operations. He leads with a strategic vision that aims to create a comprehensive financial ecosystem, promoting the mainstream adoption of cryptocurrency. Leveraging his extensive expertise, Vitaly is committed to driving innovation and streamlining processes within the industry.



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May 24, 2025 0 comments
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SEC delays decision on Ether staking and XRP ETFs, as analysts expected
Crypto Trends

SEC delays decision on Ether staking and XRP ETFs, as analysts expected

by admin May 21, 2025



The US Securities and Exchange Commission has delayed its decision on Bitwise’s application to add staking to its Ether exchange-traded fund and on Grayscale’s XRP ETF bid, which analysts had expected.

The SEC said on May 20 that it needed to extend its decision on Bitwise’s application by 45 days to “consider the proposed rule change and the issues raised therein.” The agency needed to either decide or punt its decision by May 22.

The agency also delayed deciding on Grayscale’s XRP (XRP) tracking ETF and Bitwise’s Solana (SOL) tracking fund while it seeks public comments and begins “proceedings to allow for additional analysis” of the proposals to ensure they meet regulatory standards.

Bloomberg ETF analyst James Seyffart said on X that both delays were expected because the SEC “typically takes the full time to respond to a 19b-4 filing.”

“Almost all of these filings have final due dates in October,” and an early decision would be “out of the norm,” Seyffart added. 

“No matter how Crypto-friendly this SEC is. There’s no conspiracy here,” he said.

Source: James Seyffart

Seyffart said delays on other spot crypto ETF bids are also expected, and the SEC is likely to delay deciding on Litecoin (LTC) ETFs too.

However, he added, “Litecoin is one that has a higher likelihood vs others of getting approved first.”

“A bunch of XRP ETPs have dates in [the] next few days. If we’re gonna see early approvals from the SEC on any of these assets, I wouldn’t expect to see them until late June or early July at the absolute earliest. More likely to be in early 4Q,” Seyffart said.

SEC dealing with flood of ETF filings 

Several other crypto ETF applications are approaching SEC deadlines in June. The SEC is supposed to decide on Grayscale’s Polkadot (DOT) tracking ETF by June 11 and 21Shares’ Polkadot ETF on June 24, according to an SEC filing.

Related: SEC charges Unicoin crypto platform over alleged $100 million fraud

The SEC received a raft of altcoin ETF filings in the wake of Donald Trump’s election in November and the following resignation of former SEC Chair Gary Gensler.

The industry saw Gensler’s time at the SEC as an era marked by an aggressive regulatory stance toward crypto, with 100 crypto-related regulatory actions during his tenure from 2021 until his resignation on Jan. 20.

With Genlser’s departure, the SEC is perceived as far more crypto-friendly, with several firms facing legal action from the regulator having had their cases dismissed, including crypto exchange Gemini on Feb. 26 and crypto trading firm Cumberland DRW on March 4.

Magazine: SEC’s U-turn on crypto leaves key questions unanswered



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May 21, 2025 0 comments
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