Close Menu
Crypto Valley Journal
    Facebook X (Twitter) Instagram
    Crypto Valley Journal
    • Hot Topics
      • News
      • Minds
    • Focus
      • Background
      • Blockchain
      • Legal & Compliance
      • Non-Fungible Token (NFTs)
    • Investing
      • Markets
      • Financial Products
      • Decentralized Finance (DeFi)
      • Exchange overview
    • Education
      • Basics
      • Glossary
      • Politicians on crypto
    • Statistics
      • Bitcoin-ETF-Flows
      • Ethereum-ETF-Flows
      • Crypto market data
      • On-chain data
    • Academy
      • Overview
      • Part 1: Blockchain
      • Part 2: Money
      • Part 3: Bitcoin
      • Part 4: Cryptocurrencies
      • Part 5: Decentralized Finance
      • Part 6: Investing
    • English
      • Deutsch
    Crypto Valley Journal
    You are at:Home » Focus » Legal & Compliance » FINMA revises staking practices following harsh industry criticism
    FINMA überarbeitet Staking-Praxis nach harter Branchenkritik

    FINMA revises staking practices following harsh industry criticism

    0
    By Editorial Office CVJ.CH on 20. December 2023 | Updated 22. December 2023 Legal & Compliance

    At the beginning of September, the Swiss Financial Market Supervisory Authority (FINMA) announced a change in practice regarding staking services, indicating that a banking licence would be required to offer such services in the future. After months of criticism from various industry representatives, FINMA has now reached a compromise, according to a new announcement.

    The term "staking" refers to the practice of depositing a certain amount of cryptocurrency to support the operation of a blockchain. Participants are usually rewarded with additional income in the same cryptocurrency. Ethereum, the second largest blockchain, rewards stakes with an annual return of around 5%. Swiss crypto banks have long offered this passive income opportunity to their clients. According to FINMA's original change of practice, staking providers would need a banking licence in the future. However, Swiss industry representatives were quick to oppose the new regulations, as reported by CVJ.CH in early September. Now FINMA is relaxing its rules for staking providers.

    Subscribe to our newsletter

    The best articles of the week, directly delivered into your mailbox.

    Staking now regulated as a deposit

    Since its introduction in 2021, the Distributed Ledger Technology (DLT) law, which has been widely celebrated in the blockchain industry, allows custodians to segregate their clients' crypto assets in the event of bankruptcy. In addition to this bankruptcy-related privilege, the law exempts service providers from certain regulatory requirements. Cryptocurrencies held by clients can be treated as 'custodial assets', similar to traditional assets held off balance sheet. As a result, no additional capital is required.

    To qualify as a custodial asset, assets must be kept available at all times. A few months ago, FINMA stated that this did not apply to staked cryptocurrencies. However, in its latest supervisory announcement, FINMA revises its opinion, stating that the regulations are not precisely defined in the DLT Act.

    "As long as the overarching law or case law does not further specify the point of segregation, in the event of the bankruptcy of a FINMA-supervised entity, staked crypto-based assets must, according to FINMA's current assessment, be segregated from the bankruptcy estate in favour of the custody clients, and no capital backing is required by the supervised institution in this respect if risk-reducing measures are implemented and the client has been adequately informed about the risks." - FINMA supervisory announcement on staking services

    Ray Dalio advises 10 to 15% gold and a small Bitcoin position, because he expects a US debt crisis within about three years. Minds

    Star investor Ray Dalio considers Bitcoin inferior to gold

    Ethereum Foundation researcher Justin Drake calls for Bunker Mode because AI mathematics could break ECDSA before quantum computers do. Background

    Ethereum researcher warns AI could break crypto encryption

    Financial Products

    Memecoins on Robinhood Chain distort tokenized stock prices

    Automated market makers manage liquidity pools like rule-based portfolios, with direct consequences for impermanent loss and hedging. Basics

    Automated market makers as decentralized portfolio managers

    Ray Dalio advises 10 to 15% gold and a small Bitcoin position, because he expects a US debt crisis within about three years. Minds

    Star investor Ray Dalio considers Bitcoin inferior to gold

    Ethereum Foundation researcher Justin Drake calls for Bunker Mode because AI mathematics could break ECDSA before quantum computers do. Background

    Ethereum researcher warns AI could break crypto encryption

    A breather for the Swiss blockchain industry

    The criticism from industry representatives seems to have had an effect. In a joint statement in September, the Swiss Blockchain Federation (SBF) and the Crypto Valley Association (CVA) highlighted the negative consequences of the banking licence requirement for staking service providers coming into force. According to the associations, the original change in practice would have jeopardised the legal certainty achieved through the unanimously adopted DLT legislation. In addition, such a change would have led to an exodus of this business abroad.

    On the one hand, non-banks would not have been allowed to further offer this service. On the other hand, even if banks had the necessary licence, they would have been subject to prohibitive capital requirements in the crypto business, making them uncompetitive. Swiss clients would have been at a disadvantage, as deposit insurance would not have applied to staked assets. FINMA's announcement on the new staking regulation was therefore welcomed by industry representatives.

    "After months of hard work and discussions, a compromise is now on the table that guarantees legal certainty for the players and Switzerland as a blockchain location. FINMA's requirements for the recognition of staked assets as custody assets are reasonable and correspond to the status quo for professional service providers. The special issues in connection with custody chains are justified. Finally, it is positive that regulated service providers (SROs) can continue to operate. We would like to thank everyone who worked to achieve this positive result." - Heinz Tännler, President of the Swiss Blockchain Federation

    Share. Facebook Twitter LinkedIn Email Telegram WhatsApp

    About the author

    Editorial Office CVJ.CH
    Editorial Office CVJ.CH
    • Website
    • X (Twitter)
    • LinkedIn

    Since 2018, the editorial team at Crypto Valley Journal has been reporting from Zug - the heart of Switzerland’s Crypto Valley - on Bitcoin, cryptocurrency, blockchain, and regulatory developments in digital assets. Behind the publication’s collective editorial voice is a team of writers with backgrounds in financial markets, law, and technology.

    Related Articles

    SEC files lawsuit against HEX founder Richard Heart

    HEX founder Richard Heart arrested in Istanbul

    A Democratic win in the midterms would hardly stop deregulation, but it would bring crypto firms and banks subpoenas and hearings.

    A Democratic midterm win could slow the crypto push

    FinCEN withdraws its 2023 crypto mixing rule and its 2020 unhosted wallet proposal, while the EU and Switzerland require proof of wallet ownership.

    FinCEN abandons its planned crypto travel rule

    Comments are closed.

    CVJ Weekly review
    17. October 2026

    Weekly review: Will Strategy (MSTR) drop out of the MSCI indices?

    MSCI has finalized rules for non-operating companies under which Strategy and Metaplanet could drop out of its global indexes from December.
    16. October 2026

    MSCI drops Strategy (MSTR) from its global indexes

    Payward is acquiring Lithuania's Saldo Bank, giving the Kraken group an EU banking license with deposit-taking once the deal closes in 2027.
    15. October 2026

    Kraken parent Payward buys Lithuania’s Saldo Bank

    twitter image button instagram image button linkedin image button youtube image button

    About Crypto Valley Journal
    About Crypto Valley Journal

    On the pulse of the movement

    • Academy
    • Contact
    • Advertising
    • About us
    • Partner
    • Imprint
    • Privacy
    • Disclaimer
    Search
    © 2026 ThemeSphere. Designed by ThemeSphere.

    Type above and press Enter to search. Press Esc to cancel.