SEC staff said on 25 September 2026 that a staking receipt token may qualify as a digital commodity when issued by a protocol-based Liquid Staking Provider, a view Jito says supports JitoSOL's potential inclusion in staked Solana ETFs. The guidance appears in frequently asked questions from the SEC's Division of Corporation Finance interpreting the joint SEC and CFTC crypto asset release that took effect in March. The FAQ says a staking receipt token is generally a digital tool, but may qualify as a digital commodity when its value is intrinsically linked to the programmatic operation of a functional crypto system and supply and demand. The answers are staff guidance, not legally binding Commission action, and do not name JitoSOL or any other token. Jito's conclusion that the language clears JitoSOL for ETFs is its own interpretation. JitoSOL is a liquid staking token (tradable receipt for staked assets) linked to SOL deposited into Jito's staking pool. Solana Compass data showed about 10.38 million SOL delegated across 306 validators, against JitoSOL supply of about 7.96 million, as of epoch 1042 on 25 September 2026. That implied a redemption claim of about 1.30 SOL per JitoSOL. Jito says its protocol-based structure, including validator selection through open-source StakeNet code and Jito DAO oversight, fits the FAQ's description. SEC-approved generic listing-standard amendments dated 27, 28 and 29 July 2026 allow commodity-based trusts on Nasdaq, NYSE Arca and Cboe BZX to hold up to 15% of net asset value in qualifying digital commodities without a product-specific rule filing, according to the Jito Foundation's August analysis. No U.S. staked Solana ETF issuer had announced adding JitoSOL or another liquid staking token in response to the FAQ as of publication.