ARTICLE · 13 MARCH 2024

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Legal Compass: FINMA Guidance On Staking

Eversheds Sutherland

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With the substantial growth of crypto staking services, it has become crucial to have a guidance on the interpretation of the law and in particular the application of licensing and capital...

SwitzerlandFinance and Banking

Michael Mosimann

With the substantial growth of crypto staking services, it has become crucial to have a guidance on the interpretation of the law and in particular the application of licensing and capital requirements for staking service providers in Switzerland.

The Swiss Financial Market Supervisory Authority FINMA has now published a guidance on staking (FINMA Guidance 08/2023, 20 December 2023, "Staking Guidance") and provided much needed regulatory input.

1. Staking

Whereas there is no single definition of staking, staking is a process enabling cryptoasset holders to support the operational functionality of a blockchain based on a Proof-of-Stake consensus mechanism by blocking their cryptocurrencies as collateral for validation services. By participating in staking, users can earn rewards as a compensation.

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