SEC Commissioner's Critique on Liquid Staking Guidance

The U.S. Securities and Exchange Commission (SEC) sparked industry debate over liquid staking with its latest staff guidance questioning their classification as securities, prompting Commissioner Crenshaw’s criticism on August 5, 2025.

Market players and protocols like Ethereum’s Lido and Rocket Pool face uncertainty, reflecting usual cautious responses to regulatory ambiguities concerning staking activities.

The US SEC issued new guidance on liquid staking, stating LSTs structured as administrative receipts may avoid being classified as securities. Commissioner Caroline Crenshaw criticized this for its vagueness and narrow legal analysis.

The guidance is from the SEC’s Division of Corporation Finance and aims to clarify classification issues around Liquid Staking Tokens. However, Crenshaw highlighted concerns over its effectiveness and limited scope.

Potential Effects on Liquid Staking Protocols

Market reaction to the SEC’s staking guidance remains cautious. Analysts suggest potential impacts on protocols like Lido and Rocket Pool, which issue Ethereum-related LSTs. Stakeholders are evaluating the guidance for future compliance risks.

The guidance does not specify funding implications, but it affects major protocols involving liquid staking tokens. Historically, SEC pronunciations have triggered short-term market volatility concerning staking assets.

Historical Analysis of SEC Pronouncements

Past SEC statements, such as those from May 2025, faced similar critiques for being vague. These pronouncements often cause cautious responses in crypto markets, especially for major staking protocols.

Kanalcoin experts suggest that unless the SEC provides more clarity and consistency, regulatory ambiguity could persist, impacting market stability. Historical data shows that similar events have temporarily affected governance and staking tokens.

Caroline A. Crenshaw, Commissioner, SEC, said, “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, as the statement rightly notes, 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 from the soaring wall of factual assumptions erected in the Liquid Staking Statement, the message should be clear: Caveat liquid staker.”

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