金色财经
金色财经|Sep 26, 2026 08:04
[New Guidance from U.S. SEC: Staking Certificate Tokens for ETH Do Not Constitute Securities, Provided They Are Purely 'Receipts'] According to a report by Jinse Finance on September 26, citing BeInCrypto, the U.S. SEC Division of Corporation Finance has issued new guidance clarifying that certificate tokens obtained through staking Ethereum do not constitute securities, provided their function is purely as 'receipts.' The document states that when the token represents a 'digital commodity,' staking certificate tokens are classified as 'digital tools.' The SEC and CFTC listed 16 digital commodities in an explanatory document on March 17, which includes Ethereum (ETH). The guidance sets conditions: tokens must not alter the rights of the staked ETH or provide additional rewards, and service providers must not lend, stake, or reuse deposited tokens. This contrasts with the 2023 case where Kraken was fined $30 million and shut down its U.S. staking service for promoting yield. The document also addresses buybacks: if the network is operational, announcing a buyback does not constitute a promise that would make the token a security; however, if the network is not yet complete, it may still constitute such a promise.
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