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Anticipated Changes in Ethereum Staking Regulations

May 31, 2024

Anticipated Shifts in Ethereum Staking Regulations

Galaxy Digital CEO, Mike Novogratz, has forecasted significant alterations in the regulatory landscape concerning Ethereum (ETH) staking within the United States. Despite the prevailing resistance from the Securities and Exchange Commission (SEC) towards crypto staking, Novogratz envisions a probable adoption of Hong Kong's strategy in permitting staking for spot Ethereum ETFs over the upcoming two years.

SEC's Ongoing Resistance

During an interview at the Consensus 2024 conference, Novogratz emphasized the benefits of staking, highlighting that individuals prefer generating returns on their assets rather than keeping them dormant. He envisaged that once spot Ethereum ETFs obtain approval, the SEC would reassess its standpoint and authorize staking for these financial instruments within a period ranging from 12 to 24 months. This projection implies a potential approval for ETH ETF staking occurring between mid-2025 and mid-2026.

Presently, the SEC maintains a stringent stance against crypto staking. Notably, in the previous year, a prominent cryptocurrency exchange, Kraken, had to disburse $30 million as restitution and discontinue staking activities in the US, underscoring this disposition. Furthermore, aspiring US spot Ethereum ETF issuers recently eliminated staking provisions from their submissions to obtain SEC endorsement. This move signifies the perception of staking provisions as a significant compliance challenge by the regulatory entity.

Prospective Hazards and Gains of Ethereum ETF Staking

The discourse continues regarding the potential risks and benefits associated with ETH ETF staking. A report by S&P Global delves into both aspects of this debate. On the advantageous side, institutional involvement in staking could dilute the dominance of staked Ethereum currently governed by platforms like Lido.

While Lido commands a substantial market share of 28%, it is trailed by Coinbase with 13% and Ether.Fi with 3%. Institutional engagement might mitigate the existing concentration risks linked to decentralized staking platforms.

Conversely, S&P Global alerts about fresh concentration risks that may emerge if a singular entity conducts the majority of ETH staking for these ETFs. Such a scenario could inadvertently escalate the centralization of the Ethereum network, defying the decentralized essence of Blockchain.

Hong Kong's Model Approach

The regulatory approach undertaken by Hong Kong could pave the way for the US. Despite tepid exits in April, the region is contemplating the authorization of spot ETH ETF staking. This decision is envisioned as a stride anticipated to foster ETF demand.

Despite the absence of an official timeline, market analysts speculate that this move could serve as a favorable benchmark for other regulatory bodies, including the SEC.

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