The recent SEC guidance on liquid staking has drawn sharp criticism from former SEC chief Amanda Fischer, who compared it to the practices that led to the 2008 financial crisis.
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Fischer’s comments highlight the potential risks of liquid staking, likening it to the rehypothecation practices of Lehman Brothers.
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SEC Commissioner Caroline Crenshaw criticized the guidance for lacking clarity.
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Liquid staking protocols have seen a resurgence, with a total value locked (TVL) of $66.94 billion.
Former SEC chief Amanda Fischer’s remarks on liquid staking have ignited backlash, raising concerns over regulatory clarity and potential risks in the crypto space.
Protocol | Total Value Locked (TVL) | Market Share |
---|---|---|
Lido Finance | $31.88 billion | 48% |
Binance Staked ETH | $11.4 billion | N/A |
What is Liquid Staking?
Liquid staking is a process that allows users to stake their assets while still retaining liquidity. This innovative approach enhances the usability of staked assets by enabling users to trade or use them in other DeFi protocols.
How Does Liquid Staking Work?
In liquid staking, users deposit their assets into a protocol that issues a token representing their staked assets. This token can then be used in various decentralized finance applications, allowing users to earn additional yields while their original assets remain staked.
Frequently Asked Questions
What are the benefits of liquid staking?
Liquid staking allows users to earn rewards on their staked assets while maintaining the ability to trade or utilize them in other DeFi applications.
Is liquid staking regulated?
Currently, the SEC has indicated that certain liquid staking activities may not fall under its jurisdiction, leading to ongoing debates about regulatory clarity.
Key Takeaways
- Regulatory Concerns: Fischer’s comments highlight the potential risks of liquid staking.
- Market Dynamics: Liquid staking protocols have seen a significant resurgence in total value locked.
- Community Response: The crypto community is divided on the implications of the SEC’s guidance.
Conclusion
In summary, the SEC’s recent guidance on liquid staking has sparked significant debate within the crypto community. As liquid staking continues to grow, it is essential for stakeholders to remain informed about regulatory developments and market dynamics. Understanding these factors will be crucial for navigating the evolving landscape of decentralized finance.
Former SEC chief of staff Amanda Fischer slammed the latest SEC guidance on liquid staking, sparking a sharp backlash on social media.
Former US Securities and Exchange Commission (SEC) chief of staff Amanda Fischer drew crypto community ire after comparing liquid staking to factors that exacerbated the 2008 global financial crisis.
In a Tuesday staff statement, the SEC stated that it does not consider certain liquid staking activities to be security offerings and, as such, they do not fall under the purview of the agency.
In a post on X, Fischer compared liquid staking activities to the Lehman Brothers’ use of client assets as collateral for the firm’s transactions. The collapse of the investment bank was seen as a climax of the 2008 financial crisis.
“The SEC’s latest crypto giveaway is to bless the same type of rehypothecation that cratered Lehman Brothers — only in crypto it’s worse because you can do it without any SEC or Fed oversight,” Fischer said.

Source: Amanda Fischer
SEC Commissioner Caroline Crenshaw also criticized the move on Tuesday. She said that the SEC statement relies on assumptions and provides little regulatory clarity.
Still, SEC Commissioner Hester M. Peirce supported the agency’s decision. “Liquid staking is a new solution to an old problem,” Peirce said in an official SEC statement. She compared liquid staking to a practice that improves the liquidity of fungible goods.
Fischer’s comment sparks backlash
Fischer’s comment did not sit well with the crypto community, which widely saw the new SEC guidance as a win for decentralized finance and institutional crypto adoption.
“First you say the SEC is blessing crypto. Then you say crypto has no SEC oversight. Which is it? You’re contradicting yourself mid-rant.” VanEck’s head of digital assets research, Matthew Sigel, said in a reply on X.
Fischer replied to Sigel, clarifying that the SEC is “blessing” liquid staking as being outside the scope of securities and thus isn’t subject to its jurisdiction.
Mert Mumtaz, CEO of Helius Labs, compared the transparent decentralized nature of blockchains to the opaque banking system.
“You either have no idea how LSTs actually work or are being intentionally obtuse,” Mumtaz added.
Jason Gottlieb, a New York-based lawyer, said that Fischer’s comment was neither “technically or legally” correct.
“If blockchain-based rehypothecation were around in 2008, we would not have had the issues that we did,” Gottlieb said.
Resurgence in TVL
Liquid staking protocols currently have a total value locked (TVL) of $66.94 billion across all protocols, up 14.5% year-to-date. Still, the TVL briefly dropped below $30 billion in April, according to DefiLlama.
Lido Finance currently dominates the category with a market share of almost 48%. Its TVL stands at $31.88 billion, down 1.5% year-to-date.
Binance staked ETH, the second-largest liquid staking service, has seen its TVL surge by almost 90% to $11.4 billion, from $6.05 billion at the start of the year.
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