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Kraken to Close US Crypto-Staking Service, and Pay USD 30M Fine to SEC

Kraken to Close US Crypto-Staking Service, and Pay USD 30M Fine to SEC

US-based cryptocurrency exchange Kraken has agreed to close its US-based cryptocurrency staking program as agreed upon with the US Securities and Exchange Commission (SEC) to settle for the unregistered offer of its staking services. The regulator has also indicated that the exchange will pay USD 30 million towards disgorgement, prejudgment interest, and civil penalties.



Logo image of Kraken, one of the largest US-based cryptocurrency exchanges


USD 30 Million Fine for Unregistered Staking Services

Kraken, one of the largest US-based cryptocurrency exchanges, has agreed to pay USD 30 million in disgorgement, prejudgment interest, and civil penalties to the US Securities and Exchange Commission (SEC) as part of a settlement for the unregistered offering of staking services. The settlement, made public on February 9, 2023, also includes closing the US-based staking program that Kraken had been offering to its customers.

Gary Gensler, chair of the SEC, explained that virtual asset service providers need to exercise compliance when offering these investment tools to their customers. Gensler stated:

"Whether it’s through staking-as-a-service, lending, or other means, crypto intermediaries, when offering investment contracts in exchange for investors’ tokens, need to provide the proper disclosures and safeguards required by our securities laws."

Further, Gensler declared that the action by the SEC means that every staking as a service provider must now "register and provide full, fair, and truthful disclosure and investor protection." Gurbir S. Grewal, Director, SEC, division of enforcement, also disapproved the action of Kraken’s staking program, stating it provided zero insight into the condition of the company to pay the marketed returns.

The decision has a larger implication, as all the staked crypto funds from customers will be automatically unstaked, with the exception of ether, which will be decided after the Shanghai update. The staking rewards will be awarded on a prorated basis for February 9.

The Future of Staking

The settlement is public after Brian Armstrong, CEO of Coinbase, voiced his concerns on February 8 about rumors that indicated the SEC was seeking to ban cryptocurrency staking for retail customers. Armstrong clarified that, for him, staking was not a security issue and the move "would be a terrible path for the US if that were allowed to happen."

Coinbase, another US-based exchange, also offers cryptocurrency staking options for at least six different cryptocurrency networks, including Algorand, Cosmos, Ethereum, Tezos, Cardano, and Solana.

Kraken also reported that while the staking offer will close in the US, the company will continue providing staking services to its customers in other countries through a different subsidiary.

What is your take on Kraken’s USD 30 million settlement with the SEC? Please post your comments.

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