SEC Raises Concerns Over REX-Osprey Staked SOL and ETH ETFs

The U.S. Securities and Exchange Commission (SEC) has raised concerns about the effectiveness of REX Financial and Osprey Funds’ staked Ethereum and Solana (SOL) exchange-traded funds (ETFs). The SEC believes these funds may not qualify as ETFs due to their unique business structure, which conflicts with a key regulatory requirement known as the ‘ETF rule.’ The SEC specifically pointed out that the c-corp structure used in these funds contradicts the 6C-11 regulation governing ETF structures. This raises questions about whether the funds meet the definition of an ‘investment company’ under the Investment Company Act, which would be a significant hurdle for them to overcome.