SEC Raises Concerns Over Solana and Ether Staked ETFs

According to Cointelegraph, the United States Securities and Exchange Commission (SEC) has expressed concerns regarding the registration amendment for Solana (SOL) and Ether (ETH) staked exchange-traded funds (ETFs) proposed by REX Financial and Osprey Funds. The SEC's apprehension stems from the unique c-corp business structure employed by these funds, which is rarely used for ETFs and conflicts with the 6C-11 rule, commonly referred to as "the ETF rule." This regulation outlines the acceptable corporate structures for exchange-traded funds. In a letter dated May 30, the SEC stated that it has ongoing questions about whether the proposed structure and operation of these funds would meet the definition of an 'investment company' under the Investment Company Act. The letter also highlighted that the disclosures in the registration statement regarding the funds' status as investment companies might be misleading. Despite this setback, there is optimism among analysts that an agreement will be reached between the ETF issuers and the SEC. Bloomberg ETF analyst Eric Balchunas noted in a May 31 post that REX's legal team is confident in resolving the issues. He also mentioned that issuers are eager to be the first to market, pushing the boundaries to achieve this goal. The approval of altcoin and staking ETFs in the United States is being closely watched by crypto investors and traders, as these investment vehicles are anticipated to introduce new liquidity from traditional financial markets into the cryptocurrency sector. The SEC's decision on staked and altcoin ETFs remains delayed, despite recent guidance indicating that crypto staking does not violate securities laws and is not considered a securities transaction. Bloomberg ETF analyst James Seyffart commented that such delays are expected and typical, noting that most of these filings have final due dates in October. Seyffart emphasized that it is uncommon for ETF applications to receive approval at such an early stage. The ongoing developments in the ETF space continue to be a focal point for stakeholders in the cryptocurrency and financial markets.