Staking ETFs for Solana and Ethereum May Hit U.S. Market Sooner Than Expected

The announcement came from Bloomberg ETF analyst James Seyffart, who noted the unusual regulatory path these products are taking.

According to Seyffart, these ETFs fall under the Investment Company Act of 1940—commonly referred to as the “’40 Act”—which governs mutual funds and similar investment vehicles. Unlike traditional spot crypto ETFs that require a separate 19b-4 rule change filing with the Securities and Exchange Commission (SEC), these staking ETFs bypass that hurdle by using a pre-approved fund structure.

The launch date for the proposed funds has not yet been confirmed, though Seyffart hinted they could debut in the coming weeks. If successful, these products would mark a significant shift in how U.S. investors access staking-based crypto yields via regulated financial instruments.

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By structuring the ETFs under the ’40 Act, REXShares may be able to sidestep some of the regulatory friction that has slowed the approval of other crypto ETFs—especially those dealing with staking, which the SEC has scrutinized as potentially involving securities laws.

The move signals growing interest in bringing staking returns into traditional investment vehicles, especially as demand for yield-generating crypto exposure continues to rise among institutional and retail investors alike.

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