21Shares filed an 8-K on July 27 disclosing staking activity inside its Solana ETF — the first such disclosure from a U.S.-listed fund in this product class (Image: Shutterstock)

21Shares Solana ETF Files First Staking Disclosure — Now the SEC Must Decide

21Shares filed an 8-K with the SEC on July 27, disclosing new staking activity inside the 21Shares Solana ETF.

It’s the first disclosure of its kind from a U.S.-listed fund since this product class launched.

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The filing walks through staking mechanics and how the yield is treated — which means staking income from a spot crypto ETF is now sitting directly in front of regulators for the first time.

If the SEC signs off on the approach, asset managers would be able to collect on-chain staking rewards inside a registered fund.

That’s a structural change, and it’s one that would set Solana products apart from their Bitcoin counterparts.

Solana ETF Staking Reaches The SEC’s Desk

The 8-K filing, accepted by EDGAR on July 27, triggers item 8.01, the catch-all for material events not covered by standard disclosure items. 21Shares (TSOL) submitted an accompanying Exhibit 99.1 containing the substantive staking disclosure. Item 8.01 filings are typically used when a fund needs to report a change in operating procedure or a new revenue-generating activity that does not fit neatly into routine periodic reporting.

Staking, in the context of Solana (SOL), means locking tokens with a validator node that participates in the network’s consensus process.

In return, the staker receives newly issued SOL as a reward, typically running between 6% and 8% annually on the base protocol. Inside a fund wrapper, those rewards raise immediate accounting questions: are they income distributed to shareholders, or do they compound into net asset value?

The 21Shares filing is the first U.S. fund document to force those questions into the open at the SEC level.

Why Solana ETF Staking Changes The Product Calculus

The absence of staking from Bitcoin (BTC) ETFs has never been controversial, because Bitcoin does not use a proof-of-stake consensus mechanism and produces no on-chain yield. Solana does, which means a spot fund that cannot stake is structurally inferior to simply holding SOL directly or through a staking service.

That gap has been a persistent critique of the fund format since applications began moving through the SEC pipeline.

If the 21Shares disclosure wins implicit acceptance, it closes that gap. A fund earning 6% to 8% annual staking yield on its SOL holdings would compound that return inside the wrapper, making the product economically competitive with self-custody staking for the first time.

For institutions that are barred from holding spot tokens directly, such as many pension funds and registered investment advisers operating under strict mandate constraints, a staking-enabled fund could represent a meaningfully different product.

The broader significance extends to Ethereum (ETH). Ethereum also uses proof-of-stake, and its ETF products face the same structural yield deficit. A favorable SEC posture on Solana ETF staking would establish a precedent that issuers of Ethereum ETF products, including BlackRock and Fidelity, could immediately test.

How 21Shares Got Here

21Shares has operated in the European crypto ETP market since 2018, building the broadest suite of single-asset cryptocurrency exchange-traded products globally before entering the U.S. market.

The firm filed for a spot Solana ETF in the U.S. alongside VanEck and Canary Capital earlier this year, as the SEC’s posture toward cryptocurrency fund applications shifted following the change of administration in Washington.

The TSOL product launched after the SEC approved a wave of spot cryptocurrency ETFs beyond Bitcoin and Ethereum. It trades under the ticker TSOL, with CIK 0002028834 on EDGAR.

Spot ETF applications for Solana moved faster than many observers predicted.

Bitcoin spot ETFs drew more than $100M in single-day inflows at several points in the months after their January 2024 launch, establishing an institutional demand template that Solana issuers are now attempting to replicate with the added hook of native yield.

What The Staking Disclosure Could Unlock

The SEC has not publicly commented on the filing. The agency’s review of item 8.01 disclosures does not follow a fixed timeline, and silence does not constitute approval.

Issuers typically watch for a comment letter from the Division of Investment Management, which would arrive within 30 days of the filing date if staff identifies concerns.

The practical stakes are large. Solana validators currently secure roughly 65% of the total SOL supply through staking.

A fund that staked even a portion of its holdings would generate yield that would either lower the effective expense ratio or increase the fund’s NAV growth rate relative to a non-staking competitor. For retail investors comparing two Solana ETFs, that difference would be immediately visible in performance data.

The next milestone to watch is whether other issuers, including VanEck, file parallel staking disclosures in the weeks ahead.

If the 21Shares filing draws no SEC comment letter, competitors will likely treat that as a green light.

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