As the popularity of blockchain staking continues to rise, regulatory questions surrounding its legal status in the United States remain unresolved. In a recent development, Everstake, a leading non-custodial staking provider, has entered into discussions with the U.S. Securities and Exchange Commission (SEC) to help shape the future of staking regulations.
$193 Billion Staked in Proof-of-Stake Networks Amid Legal Uncertainty
The growing adoption of proof-of-stake (PoS) networks has led to over $193 billion in assets currently staked worldwide. However, the regulatory framework in the U.S. has yet to catch up, leaving staking services in a legal gray area. The SEC has previously taken enforcement actions against major crypto platforms like Kraken and Coinbase, arguing that certain staking programs constitute unregistered securities offerings.
Despite this, the SEC—under what some see as a more crypto-friendly approach—is now actively reevaluating its stance. Ongoing conversations with key industry players like Everstake mark a shift toward collaboration and regulatory clarity.
Everstake Makes the Case for Non-Custodial Staking
In its dialogue with the SEC, Everstake emphasizes a clear distinction between custodial and non-custodial staking. The company argues that because non-custodial staking allows users to retain control over their assets, it should not be classified as a securities transaction.
To support its case, Everstake proposes a set of criteria that would exempt non-custodial staking from securities laws, drawing parallels with proof-of-work mining—a practice not regulated as a security. This argument reflects a broader industry perspective that user-controlled participation in network security should not trigger regulatory oversight designed for traditional investments.
Calls for Clearer Guidelines from the Industry
The lack of definitive guidance has led to increasing pressure on the SEC from crypto advocacy groups and industry stakeholders. These groups are calling for clear, consistent regulations that foster innovation while protecting consumers.
Everstake’s proactive engagement with the SEC signals a promising step toward establishing fair and transparent rules for staking in the U.S. While no final decision has been made, continued discussions suggest that regulatory clarity may be on the horizon for this fast-growing segment of the crypto market.
