The United States Securities and Exchange Commission’s (SEC) Division of Corporation Finance has said that staking activities on Proof-of-Stake networks do not constitute securities transactions. However, while the statement addressed crypto staking, it noted that it was not a binding guidance. SEC Issues Statement On Crypto Staking The United States Securities and Exchange Commission (SEC) issued new guidance on staking, with its Division of Corporation Finance stating that “Protocol Staking Activities” like cryptocurrencies staked in a Proof-of-Stake blockchain don’t need to register with the commission transactions under the Securities Act. The agency stated, “Accordingly, it is the Division's view that participants in Protocol Staking Activities do not need to register with the Commission transactions under the Securities Act.” The new guidance marks a significant step forward for the US crypto industry, with Alison Mangiero, Head of Staking Policy at the Crypto Council for Innovation, stating, “The SEC has now recognized what we’ve long argued: Staking is a core part of how modern blockchains operate, not an investment contract. That clarity is critical.” The division stated that its view applies to staking “covered crypto assets” on Proof-of-Stake networks, activities of third-party service providers such as custodians and node operators, and ancillary services. “Ancillary services encompass self-staking, self-custodial staking with a third party, and custodial arrangements where custodians stake on behalf of asset owners. Clarity For Staking And Staking Service Providers According to the SEC’s division, its latest views on staking came as a result of evaluation using the Howey Test. SEC Commissioner Hester Pierce stated, “Today's statement provides welcome clarity for stakers and 'staking-as-a-service' providers in the United States.” According to Rebecca Rettig, the Chief Legal Officer at Jito Labs, the SEC’s decision clears the path for crypto-exchange-traded funds to include staking in their products. The SEC has been making efforts to offer more clarity on crypto regulation since the departure of former SEC Chair Gary Gensler. The SEC clarified back in March that Proof-of-Work mining activities are not considered securities activities. The crypto industry has been advocating for clearer guidelines on staking. In April, the Proof-of-Stake Alliance project led a coalition of almost 30 organizations to submit a letter to the SEC’s Crypto Task Force, clarifying that non-custodial or custodial staking service providers are distinct from investment contracts. Mangiero added, “The SEC has opened the door to more sensible regulation. This is a win for stakers and the broader crypto community.” A Notable Shift The SEC’s latest guidance is a notable shift from its previous enforcement-heavy approach. Marcin Kazmierczak, co-founder and chief operations officer at RedStone, stated, “This represents genuine progress toward regulatory clarity, but it’s evolutionary rather than revolutionary. The foundation is being laid for more comprehensive crypto regulation, with staking ETF approval becoming increasingly plausible by late 2025.” Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice
