The U.S. Treasury Department and IRS have introduced new regulations providing a clear regulatory framework for crypto exchange-traded products (ETPs). These rules allow ETPs to stake digital assets and distribute staking rewards to retail investors, provided certain conditions are met. According to Bill Hughes, a senior legal advisor at Consensys, the safe harbor mechanism applies to specific trust structures. These trusts must hold only a single type of digital asset and cash, with qualified custodians managing keys and staking. They must also implement SEC-approved liquidity policies to ensure redemption arrangements, maintain transaction isolation with independent staking service providers, and limit activities to asset holding, staking, and redemption, prohibiting proprietary trading.
U.S. Treasury and IRS Establish New Rules for Crypto ETPs
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