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Liquid Staking Exempt from Securities Laws According to SEC

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by Giorgi Kostiuk

15 hours ago


The recent SEC announcement regarding liquid staking has significantly impacted the decentralized finance market. The clarification that most liquid staking activities do not constitute securities transactions alleviates regulatory requirements for DeFi protocols.

Exclusion of Liquid Staking from Securities Laws

On August 5, 2025, the SEC's Division of Corporation Finance clarified that most liquid staking activities do not fall under the definition of securities transactions. This relieves key players in decentralized finance and staking protocols from extensive registration processes. SEC Commissioner Hester Peirce confirmed that liquid staking involving protocols does not entail the sale of securities.

> "Today’s statement clarifies the Division’s view that liquid staking activities in connection with protocol staking do not involve the offer and sale of securities within the meaning of Section 2(a)(1) of the Securities Act or Section 3(a)(10) of the Exchange Act." - Hester M. Peirce, Commissioner, U.S. Securities and Exchange Commission.

Growth Prospects for DeFi Under New SEC Rules

The SEC's position may energize DeFi ecosystems by encouraging institutional investments. Reduced compliance concerns could spawn new products and services, bolstering the appeal of layer 1 assets like Ethereum and Solana. Market anticipation is positive, with expectations for liquidity increases in derivatives like stETH.

SEC's Shift in Approach to Staking Services

Previous SEC scrutiny led to modifications in staking services by major exchanges. The recent clarification deviates from past decisions, impacting Ethereum-based protocols that found themselves at the crossroads of SEC regulations. Experts suggest that this new direction may pioneer enhanced staking dynamics.

The SEC's clarifications on liquid staking have illuminated a crucial regulatory aspect in the decentralized finance space, opening new avenues for growth and development.

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