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SEC Reviews Legal Aspects of Solana and Ether Staking ETFs

SEC Reviews Legal Aspects of Solana and Ether Staking ETFs

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by Giorgi Kostiuk

2 days ago


The U.S. Securities and Exchange Commission (SEC) is reviewing staking ETF proposals for Solana and Ether, focusing on legal issues and potential investor confusion.

Legal Aspects of Staking ETFs

REX Shares has filed for Ethereum and Solana staking ETFs. The SEC has raised concerns regarding the legal structures and potential confusion for investors. The ETFs are structured as C-corporations, a rarity in the ETF sector. James Seyffart confirmed that this approach is intended to secure regulatory approval while enhancing investor interest.

Potential Market Changes

Though the proposals have not significantly impacted staking flows for Ethereum or Solana, anticipation around the ETF's potential launch remains high. The SEC's feedback highlights the challenges institutions face in navigating ETF approvals. While the proposals might improve tax treatment, lingering scrutiny could hinder market shifts.

Comparing with Bitcoin ETF Delays

Past ETF filings, such as Bitcoin's, have faced similar regulatory delays. Such announcements occasionally have a temporary impact on token prices and market dynamics. An ETF analyst at Bloomberg noted that REX leveraged the Investment Company Act of 1940 (40 Act) to fast-track the listing. Should approvals proceed, analysts anticipate market movements akin to Bitcoin's ETF introduction, but the sustained impact remains uncertain without precedents for such structured ETFs.

The SEC continues to carefully assess the staking ETF proposals for Solana and Ether, eliciting mixed feelings among investors. As the situation develops, the market remains on alert for potential changes.

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