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The U.S. Securities and Exchange Commission (SEC) has issued new guidance on liquid staking, signaling a potential shift in its regulatory approach to cryptocurrency staking mechanisms. On August 6, the SEC’s Division of Corporation Finance stated that the offer and sale of Staking Receipt Tokens (SRTs)—such as stETH (staked Ethereum) or JITOSOL (staked Solana)—do not constitute securities transactions under current federal law [1]. The agency emphasized that liquid staking providers, like Rocket Pool, Lido, and Jito, function as agents rather than managers, issuing tokens that represent staked assets without controlling the staking process itself [1].
This guidance removes a key legal ambiguity for platforms offering liquid staking services. Previously, these providers operated in a regulatory gray area, with the potential risk of being classified under securities law. Rebecca Rettig, legal chief at Jito, described the guidance as long-awaited clarity, stating that “LSTs are not securities” and expressing optimism about their inclusion in ETFs [1]. Nate Geraci of the ETF Institute echoed this sentiment, noting that the move clears a critical roadblock for the approval of staked-asset ETFs, particularly for Ethereum [1].
The new guidance builds on an earlier clarification from May 2025, in which the SEC similarly excluded protocol staking in proof-of-stake (PoS) systems from the definition of securities [1]. This broader shift reflects a growing regulatory effort to provide clarity in the evolving crypto landscape, including the CFTC’s “Crypto Sprint” initiative [1].
Despite this progress, the guidance has not been uniformly supported within the SEC. Chair Paul Atkins and Commissioner Hester Pierce welcomed the decision, with Pierce calling liquid staking a “new solution to an old problem” that enhances liquidity and streamlines settlements [1]. Commissioner Caroline Crenshaw, however, dissented, cautioning that liquid staking providers should not take the guidance as a permanent solution and that the ruling could be reversed [1].
Analysts have interpreted the guidance as a positive development for the future of crypto-related financial products. If liquid staked tokens are not classified as securities, it becomes more feasible to include them in ETF structures, which could attract institutional investors to the space [1]. Ray Youssef, CEO of NoOnes, stated that the guidance is foundational for asset tokenization and sets the stage for a more structured and compliant digital finance system [1].
The regulatory clarity provided by the SEC has broader implications for the U.S. financial system’s ability to compete in the global digital economy. By distinguishing between traditional securities and blockchain-based derivatives, the SEC is helping to create an environment that supports innovation while maintaining investor protections [1].
Source:
[1] AMBCrypto - [https://ambcrypto.com/how-secs-new-stance-on-liquid-staking-could-reshape-ethereum-etfs/](https://ambcrypto.com/how-secs-new-stance-on-liquid-staking-could-reshape-ethereum-etfs/)
[2] Bitcoinsensus - [https://www.bitcoinsensus.com/news/regulations/sec-declares-liquid-staking-not-securities-offering](https://www.bitcoinsensus.com/news/regulations/sec-declares-liquid-staking-not-securities-offering)
[3] AInvest - [https://www.ainvest.com/news/ethereum-news-today-sec-signals-stance-ethereum-liquid-staking-regulations-2508/](https://www.ainvest.com/news/ethereum-news-today-sec-signals-stance-ethereum-liquid-staking-regulations-2508/)
[4] HOKANEWS.COM - [https://www.hokanews.com/2025/08/us-sec-declares-liquid-staking-not.html](https://www.hokanews.com/2025/08/us-sec-declares-liquid-staking-not.html)
[5] NewsBreak - [https://www.newsbreak.com/coindesk-1870864/4158****18271-sec-says-liquid-staking-doesn-t-run-afoul-of-securities-laws](https://www.newsbreak.com/coindesk-1870864/4158****18271-sec-says-liquid-staking-doesn-t-run-afoul-of-securities-laws)
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