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

    By Editorial Office CVJ.CH on 20. 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

    Bitcoin near USD 78,000 and stablecoin supply above USD 300 billion shape the crypto market outlook heading into Q4 2026. Background

    The signals to watch: a crypto market outlook for Q4 2026

    Financial Products

    Memecoins on Robinhood Chain distort tokenized stock prices

    What separates Dogecoin from Bitcoin is its unlimited supply, and the 2013 satire coin now trades through its own US spot ETF. Basics

    What is Dogecoin? From satire project to ETF asset

    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

    Bitcoin near USD 78,000 and stablecoin supply above USD 300 billion shape the crypto market outlook heading into Q4 2026. Background

    The signals to watch: a crypto market outlook for Q4 2026

    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
    • Website
    • 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

    Coinbase wants to list stock perpetuals for round-the-clock trading in the US and needs CFTC approval on top of the SEC clearance.

    Coinbase seeks SEC approval for stock perpetuals

    Judge Failla has pushed the Roman Storm trial to April 2027, because she has not yet ruled on the Tornado Cash developer's acquittal motion.

    Tornado Cash: Roman Storm trial delayed to April 2027

    Coinbase-backed lobbying group Stand With Crypto endorses 32 House incumbents who voted for the Clarity Act, now stalled in the US Senate.

    Stand With Crypto backs 32 midterm House candidates

    The IMF is releasing around USD 140 million after El Salvador stopped buying Bitcoin with public funds, ending state purchases since June 2025.
    4. September 2026

    IMF: El Salvador halted state Bitcoin purchases under pressure

    Coinbase wants to list stock perpetuals for round-the-clock trading in the US and needs CFTC approval on top of the SEC clearance.
    4. September 2026

    Coinbase seeks SEC approval for stock perpetuals

    3. September 2026

    Memecoins on Robinhood Chain distort tokenized stock prices

    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

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