Staking Not Treated Like Traditional Investment Schemes The U.K. Treasury has confirmed crypto staking shall not be treated as a collective investment scheme and, as such, is updating the Financial Services and Markets Act 2000. It will come into effect from 31 January 2025 and will apply in England, Scotland, Wales, and Northern Ireland. The change is proposed to continue to keep the concept of staking away from other forms of more traditional investments, such as mutual funds and exchange-traded funds. What is Crypto Staking? Crypto staking is a process of locking up blockchain’s native tokens to validate the transactions on the proof-of-stake network, including Ethereum. Those who participate in this, the validators, are then rewarded with the security of the network through the way of more tokens, usually. Unlike CIS, the staking does not include the pooling of different participants’ funds for profits shared among them. The revised law categorically states that “arrangements for qualifying crypto asset staking do not amount to a collective investment scheme,” thereby carving out staking from the regulatory regime of the Financial Conduct Authority. This will ensure that participants in staking avoid the onerous compliance requirements normally attendant to CIS regulations, including authorization, registration, and managerial controls. Industry Experts Welcome the Move Bill Hughes, head of legal for Consensys, greeted the Treasury’s move as a positive for the blockchain community. He considered blockchain staking representative of a system of decentralized cybersecurity, rather than one of financial investment. The clarity, he said, reduces mystery both for developers and participants in the UK’s burgeoning crypto ecosystem. Following Suit from Broader Regulatory Efforts The development of this amendment reflects the broader strategy of the UK government to drive innovation without sacrificing clarity in the law from crypto. In November, the Treasury announced plans for comprehensive crypto regulation, including the plans for regulating stablecoins and a new staking exemption. UK lawmakers also proposed recognizing digital assets as personal property in U.K. law last October. It followed the recommendations of the Law Commission that called for the inclusion of cryptocurrencies among other digital assets within existing property frameworks. As the U.K. refines its regulatory approach, it is setting itself up as a competitive hub for blockchain innovation, together with robust investor protection. The amendment made by the Treasury is a clear signal of the government’s intention not to hold back the crypto industry, nor to hamper technological development.
