Thus, the SEC appears to be becoming more agreeable to Solana ETFs which include staking. All seven of the firms that have filed for a Solana ETF have now added staking provisions. That’s a pretty strong trend from these companies. The SEC asked for these amendments, indicating a possible turning of the tide. Before we pop the champagne, let's pump the brakes and ask a critical question: Are we rushing headfirst into a situation we don't fully understand? Is this "green light" premature?

Staking's Murky Waters Still Uncharted

The SEC’s recent guidance clarifying what staking activities do and don’t violate securities laws is a much-needed departure from the Gensler-era stomp on staking. Luckily, that’s not how SEC Commissioner Peirce even sees it – she considers it a huge step forward. It is not a real endorsement, let’s be honest. First, the clarification explains that solo staking, delegated staking and certain staking-as-a-service models are not inherently securities offerings. That’s not a very good basis for arguing that they are legitimate. It’s complicated, and complication is the enemy of understanding.

Think of it like this: the SEC is like a parent who used to forbid candy outright. Now, they're saying, "Okay, you can have some candy, but not all candy, and only if it's this kind of candy." Are the children (industrial investors) any better informed as to what’s permissible?

Imagine when these Solana ETFs begin amassing billions of SOL and take part in staking on a massive scale. Who is liable if something goes wrong? What if staking rewards underdeliver? Or better yet, what would happen if there was a slashing event that slapped the ETF – and all its investors – with financial penalties? Are retail investors really ready to navigate all these layers? The devil, of course, is always in the details, and those details are still being hammered out.

Bitcoin ETF Deja Vu All Over Again?

The prevailing narrative compares this process to the Bitcoin ETF saga: expect a long back-and-forth, multiple filings, and months of uncertainty. That's a fair comparison. 4.) The impending approval of the Bitcoin ETF is an existential victory. It came on the heels of years of regulatory fights and market chaos fueled by speculation. Are we ready to ride this same rollercoaster with Solana?

Just because the SEC asked for the staking changes does not mean it will be a rosy road ahead. Instead, it is probably a tactical play to get deeper into the details and tighten hands on the precocious new Solana ETF market. Don't mistake inquiry for endorsement.

Europe's Lead: Caution Still Warranted

In fact, Europe has already seen launched Solana staking ETPs. Infamously, 21Shares’ Solana product is beating its Ethereum two-to-one when it comes to asset under management. To many, this would appear to be a pretty good argument for the SEC to do the same. Let's not blindly imitate. European regulatory and market conditions are very different from the US. What may be successful across the pond doesn’t necessarily translate here.

Let’s remember, though, that the US market is much bigger and more complicated. It is defined by a complex and unique risk appetite and regulatory environment. The SEC’s duty to American investors means taking a more prudent and comprehensive approach.

Whatever the longer-term fate of these Solana ETPs, their success in Europe is notable and encouraging. We shouldn’t leap to approving Solana ETFs here based on that success.

FeatureUnited States (Proposed Solana ETF)Europe (Existing Solana ETP)
Regulatory BodySECVarious (depending on country)
Investor ProtectionStronger, more stringentGenerally less stringent
Market SizeMuch largerSmaller

Staking introduces a level of complexity and added risk that traditional ETFs lack. This move provides great opportunity for growth but opens the door to new threats. Market manipulation, security breaches, and regulatory uncertainty are legitimate concerns.

Staking: Blessing or Trojan Horse?

These are not hypothetical scenarios. These are all very real risks that must be addressed before we introduce Solana staking ETFs into the wild.

  • Market Manipulation: Can staking rewards be manipulated to artificially inflate the price of SOL, benefiting early adopters at the expense of later investors?
  • Security Risks: Staking protocols are not immune to hacks and exploits. What safeguards are in place to protect investors from losing their staked SOL?
  • Regulatory Uncertainty: The legal landscape surrounding staking is still evolving. What happens if the SEC changes its mind and decides that staking does constitute a securities offering?

Despite the agency’s proposal missing a few key items, ultimately, the SEC’s apparent about face on staking is a positive move. It’s just a baby step, and the road back is not all uphill and sunny. So let’s not jump ahead of the hype. Let’s push for far more transparency, accountability and complete risk management frameworks before we allow Solana ETF staking to get the unquestioned “green light.” The financial future of countless small investors – Americans saving for retirement and their kids’ educations – is riding on it. Before we cheer, let's ask ourselves: are we really ready for this?

Ultimately, the SEC's apparent shift on staking is a step in the right direction. But it's a small step, and the path ahead is still fraught with uncertainty. Let's not get carried away by the hype. Let's demand transparency, accountability, and robust risk management frameworks before we give Solana ETF staking the unequivocal "green light." The financial well-being of countless investors depends on it. Before we cheer, let's ask ourselves: are we really ready for this?