SEC Commissioner Crenshaw Criticizes Liquid Staking Guidance Amid Market Concerns

The SEC’s formal statement specifies that properly structured liquid staking protocols issuing receipt tokens do not qualify as securities, providing much-needed regulatory clarity in the crypto space.

ETH

Summary

On August 5, the SEC’s Division of Corporation Finance clarified that liquid staking models that issue receipt tokens for staked assets do not meet the definition of securities under federal law if they avoid managerial or entrepreneurial functions. The statement highlights that such protocols, used by platforms like Lido and Rocket Pool, are excluded from the Howey test criteria, and notes market implications with over 30% of ETH staked via liquid staking.

Terms & Concepts
  • liquid staking: A method that allows cryptocurrency holders to stake assets while receiving tradable tokenized representations, thus maintaining liquidity.
  • staking receipt tokens: Tokens issued by liquid staking platforms that represent a user's staked assets and accrued rewards, usable in various DeFi protocols.
  • Howey test: A legal framework used to determine whether an asset qualifies as a security, based on factors including investment and reliance on the efforts of others.