SEC’s New Crypto Staking Guidance Marks Major Progress for Industry Regulations
Date: May 30, 2025
By: Zoltan Vardai
The U.S. Securities and Exchange Commission (SEC) has issued new guidance regarding cryptocurrency staking, a move that many industry analysts are viewing as a significant victory for the crypto sector. Announced on May 29, 2025, the SEC’s Division of Corporation Finance clarified that staking activities associated with proof-of-stake blockchains do not need to be registered as securities transactions under the Securities Act.
Key Developments in SEC Guidance
According to the SEC’s statement, “Protocol Staking Activities,” which encompass cryptocurrencies that are staked within proof-of-stake protocols, do not qualify as securities offerings. This stance is expected to promote a clearer path for regulatory standards regarding staking—a core activity in various blockchain operations.
Alison Mangiero, head of staking policy at the Crypto Council for Innovation (CCI), hailed the guidance as a “major step forward” for the U.S. cryptocurrency industry. She noted, “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.”
Industry Response and Advocacy
The call for clearer regulations surrounding staking has been a central theme for many within the cryptocurrency sector. Back in April, the CCI’s Proof of Stake Alliance collaborated with nearly 30 organizations to express their views, proposing that both custodial and non-custodial staking services should not be treated as investment contracts distinct from traditional securities.
Mangiero emphasized that the new SEC guidance opens the door for more sensible regulations, marking a significant win for stakers and the larger crypto community.
Potential Impact on ETF Approvals
Despite this positive development, industry players are still awaiting updates regarding the approval of the first Ether (ETH) staking exchange-traded funds (ETFs). On May 21, the SEC postponed its decision on applications from Bitwise and Grayscale to include staking provisions in their Ether and XRP ETF proposals, respectively.
The delays have sparked speculation about the timing of potential approvals, with many hopeful that the SEC’s new guidance could facilitate a more favorable assessment of these applications.
A Shift Towards Comprehensive Regulation
Analysts are noting that this guidance reflects a notable shift from the SEC’s previous enforcement-heavy strategies. Marcin Kazmierczak, co-founder and COO of blockchain oracle firm RedStone, commented on the development, stating, “This represents genuine progress toward regulatory clarity, but it’s evolutionary rather than revolutionary." He added that as the SEC continues to lay the groundwork for more detailed crypto regulations, approval of staking ETFs seems increasingly plausible by late 2025. Since the formation of the SEC’s dedicated Crypto Task Force in January 2025, led by Commissioner Hester Peirce, there has been a broader effort to shape a more balanced regulatory environment. The task force is set to release its first regulatory report in the coming months, which many in the industry expect will further clarify the regulatory landscape for digital assets.
Conclusion
The SEC’s recent guidance on cryptocurrency staking signifies an important milestone in the ongoing evolution of regulatory frameworks that encompass digital assets. With clearer definitions and the potential for upcoming ETF approvals, the landscape for cryptocurrency stakeholders is poised for significant changes. As the dialogue between regulators and the cryptocurrency community continues, the implications of this guidance will be closely monitored by industry participants and investors alike.
For ongoing updates on this developing situation, stay tuned to reliable industry news sources as the SEC prepares to unveil more insights into the future of cryptocurrency regulation.
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