3 Things to Know as Grayscale Stakes 40,000 ETH Before SEC’s Next Move

Grayscale, one of the largest crypto asset managers in the United States, is moving to stake over 40,000 Ethereum (ETH), according to fresh on-chain data from Arkham ￰1￱ is a historic step for Grayscale as it becomes the first ￰2￱ ETF issuer to stake its holdings. BREAKING: Grayscale is preparing to stake their $ETH holdings. $ETHE $ETH They've moved over 40K $ETH in the last hour as they position (1.5M $ETH ) for staking ￰3￱ are the first Ethereum ETF in the US Markets to do ￰4￱ — Emmett Gallic (@emmettgallic) September 18, 2025 The move has sparked speculation across the crypto industry, with analysts suggesting that Grayscale may be preparing for a potential shift in the Securities and Exchange Commission’s (SEC) stance on staking and how it classifies such ￰5￱ this year, the SEC delayed its decision on whether Grayscale funds could incorporate Ethereum ￰6￱ filing proposals to enable staking, Grayscale has yet to secure SEC approval.

However, the latest move suggests that Grayscale may be positioning ahead of an eventual ruling, especially given that no existing spot Ether ETFs currently offer staking ￰7￱ are 3 key things you need to know about the SEC regulatory development on ￰8￱ Liquid Staking Guidance Eases Regulatory Uncertainty On August 5, the ￰9￱ and Exchange Commission’s Division of Corporation Finance issued a staff statement clarifying its view on liquid staking ￰10￱ held that, in many cases, liquid staking services , where users stake ETH (or other proof-of-stake assets) via a protocol or provider and receive staking receipt tokens, do not constitute securities under U.

S. law, provided certain conditions are ￰11￱ SEC executives made it clear that the receipt tokens (staking receipt tokens) are merely evidence of ownership of the underlying staked assets and rewards, not investment ￰12￱ long as the liquid staking provider does not guarantee returns or exercise discretionary control over staking ￰13￱ Kim, Chief Legal Officer of Lido Labs Foundation, added that the “SEC guidance confirming that liquid staking and receipt tokens like stETH do not constitute securities provides the much-needed guidance that Lido and the wider industry have needed.” This guidance is important because it removes one major structural barrier for staking becoming more widely embraced by institutional actors. 2.

Ethereum’s 45-Day Unstaking Queue: Security ￰14￱ Experience A growing concern among users and institutional stakeholders is the 45-day exit queue for unstaking ￰15￱ delay means that when a validator or staker opts to exit, it takes up to 45 days for their ETH to be unlocked and ￰16￱ co-founder Vitalik Buterin recently defended this design, arguing that the long exit period is vital for network ￰17￱ likens staking to a soldier’s duty; that is, if validators could exit suddenly or en masse, the chain would be more vulnerable. 𝌏 @VitalikButerin defends Ethereum's 43-day unstaking delays as essential for network security amid criticism over trapped validator funds. #Ethereum #Staking ￰0￱ — ￰18￱ (@cryptonews) September 18, 2025 The friction helps prevent coordinated attacks, sudden mass exits, and protects nodes that might be offline ￰19￱ said, he also acknowledged the design isn’t “optimal,” particularly from a UX (user experience) ￰20￱ This Means for US ETFs, Staking Activities & SEC Moves Grayscale’s staking of 40,000+ ETH comes at a time when the SEC is showing signs of easing regulatory hurdles for staking and crypto ETPs (Exchange Traded Products).

On September 18, the regulatory body approved generic listing standards for commodity-based ETFs, which has added to the reasons for a possible SEC U-turn on ￰21￱ fewer barriers to listing could encourage more staking or liquid staking exposure in ETF structures Speaking of Grayscale, they should also be applauded for laying groundwork here… They fought for the industry. It's noteworthy the Crypto ETF Rule leans heavily on whether an asset has futures contract trading on surveilled/regulated ￰22￱ into crux of Grayscale ￰23￱ — Nate Geraci (@NateGeraci) September 18, 2025 Legal analyst Jason Gottlieb, a partner at Morrison Cohen, suggests that the SEC’s softer language on liquid staking may have more positive implications for general staking ￰24￱ has also met with the SEC’s Crypto Task Force to discuss the regulatory treatment of staking in crypto ETPs and the general ruling on tokenizing traditional ￰25￱ to a memo published by the SEC on May 9, BlackRock’s discussions were aimed at sharing perspectives on how staking could be enabled within regulated ETP structures.