SEC Liquid Staking Guidance Sparks Internal Dispute

SEC Liquid Staking Guidance Sparks Internal Dispute

On August 5, 2025, the SEC’s Division of Corporation Finance released liquid staking guidance, met with criticism from Commissioner Caroline Crenshaw for potentially adding regulatory confusion in the crypto sector.

The guidance’s narrow safe harbors create uncertainty for entities engaged in liquid staking, potentially impacting Ethereum-based assets and raising systemic risk concerns akin to financial crises.

The SEC’s Division of Corporation Finance released a statement clarifying its view on liquid staking, asserting that certain activities do not constitute securities. This guidance, however, has been met with criticism from within the SEC itself.

Internal Critique and Market Reactions

SEC Commissioner Caroline Crenshaw has expressed concerns, describing the guidance as vague and potentially confusing. She warns of possible systemic risks similar to those from past financial crises. Meanwhile, Chairman Paul S. Atkins supports the Division’s efforts. Crenshaw stated, “Given its unsupported factual assumptions and circumscribed legal analysis, the Liquid Staking Statement should provide little comfort to entities engaged in liquid staking—especially since … it only ‘represents the views of the staff of the Division of Corporation Finance,’ not the views of this or any future Commission. … For those entities whose liquid staking programs deviate in any respect … caveat liquid staker” – SEC Statement .

The guidance particularly affects protocols involving liquid staking, with Ethereum being the primary focus. Liquid staking allows receipt tokens to provide market liquidity, a practice central to DeFi ecosystems. The absence of direct reactions from major Ethereum developers adds to the ambiguity.

Financial implications loom large given Ethereum’s dominance in liquid staking activities. Uncertainty persists for projects outside the safe harbors defined by the SEC guidance . The absence of specific asset impact data further complicates the market landscape.

Regulatory Landscape and Historical Patterns

The SEC’s ongoing attempts to delineate crypto regulation continue to face scrutiny. With the evolving landscape, stakeholders anticipate potential legal challenges or adaptations in response to perceived regulatory uncertainties. Historical trends show prior SEC enforcement actions against staking services. The current guidance adds to this pattern, evoking both uncertainty and cautious adaptation among market participants. Ethereum’s role in liquid staking remains significant amidst this regulatory discussion.