The UK Treasury has introduced an amendment to the Financial Services and Markets Act 2000 (FSMA) with effect from 31 January to exclude crypto staking from being classified as a collective investment scheme.
Below this change, turn off Ethereum (ETH) and Solana (SOL) will be recognized solely as a blockchain validation process and will no longer be subject to the legal requirements applicable to collective investment schemes.
Previously, vague legal definitions created the risk of categorizing staking alongside traditional investment vehicles, which are subject to stricter FSMA regulations.
The amendment clarifies that staking, where participants lock cryptos to validate blockchain transactions and secure the network, is fundamentally different and warrants a tailored regulatory framework.
Bill Hughes, an attorney at Consensys, welcomed this move as an important step for the sector, highlighting that UK law has traditionally regulated collective investment schemes with a heavy-handed approach that would have stifled growth.
He added:
“The way a blockchain works is NOT an investment plan. It’s cybersecurity.”
As a result, companies and individuals engaged in blockchain staking now have regulatory clarity, allowing them to operate without the burden of compliance measures designed for collective investment schemes.
Notably, this move is in line with Britain’s broader strategy to promote innovation in the crypto sector while maintaining proportionate supervision to protect market participants.
In November last year, the British government said announced it would develop regulations to stimulate regional innovation. The plans include guidelines for stablecoins and a new legal status for staking. The aim is to avoid technological innovation being hampered and Britain being left behind in the crypto arms race.
Unique process
The amendment explicitly recognizes the unique nature of strike action and ensures that it is not subject to inappropriate regulatory frameworks.
It defines a ‘qualifying crypto asset’ as crypto that meets the criteria specified in existing UK law, which recognizes these assets for regulatory purposes.
Meanwhile, “blockchain validation” focuses on validating transactions on blockchain networks or similar distributed ledger technologies, often supported by staking mechanisms.
The amendment is particularly relevant for major blockchain networks such as Ethereum and Solana, which rely on staking for transaction validation. The change could boost value appreciation for companies holding these assets and boost the supply of exchange-traded products that leverage stakes in Britain.
