Hong Kong SFC Considering Ether Staking for Ethereum ETFs

Hong Kong’s Securities and Futures Commission (SFC) is considering allowing issuers of Ethereum ETFs to offer Ether staking, according to a Thursday Bloomberg report.

The potential development has sparked considerable interest as it could greatly impact the future of Ethereum ETFs in Hong Kong. The SFC’s consideration follows their recent approval of a Bitcoin ETF, which came three months after the U.S. approved ten spot ETFs.

Contrasting Approaches: Hong Kong SFC vs. US SEC

The SFC’s approach contrasts sharply with the stance the US Securities and Exchange Commission (SEC) took. The SEC views staking services as investment contracts, potentially violating securities laws. This perspective is clear from recent amendments made by major financial institutions, such as Fidelity, who removed staking from their latest S1 filing for a spot Ethereum ETF.

Last year, the SEC’s classification of staking services as securities forced platforms like Kraken Exchange to shut down their staking services in the U.S. Coinbase, however, is challenging this stance. In March 2023, they submitted a “Petition for Rulemaking,” arguing that core staking, lacking a direct monetary investment and with opportunity costs not qualifying as investments, shouldn’t be classified as a security.

Potential Impact of the FIT21 Act on Ethereum ETFs in the U.S.

On May 22, the US House of Representatives voted to pass the crypto-friendly legislation known as the FIT21 Act. The act proposes shifting control of cryptocurrency oversight from the SEC to the Commodity Futures Trading Commission (CFTC), an agency perceived as more amenable to the crypto industry.

Under the FIT21 Act, crypto operators in the US could gain expanded liberties and digital assets would likely be categorized as commodities rather than securities. The potential shift is important as it could lead to the reclassification of crypto staking, potentially clearing the way for approval of US Ethereum ETFs. The FIT21 Act still requires Senate approval and the President’s signature to become law, however, making its future uncertain.

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