Scope of the SEC statement

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The SEC’s Division of Corporation Finance stated in its staff guidance that staking on proof-of-stake networks would receive similar regulatory treatment as proof-of-work mining, which the agency previously determined does not fall under securities laws
The SEC’s Division of Corporation Finance stated in its May 2025 staff guidance that node operators, validators, custodians, delegates, and nominators are included among those whose staking activities are not considered securities transactions
The SEC’s Division of Corporation Finance explicitly stated that self-staking, staking through a delegated node operator while maintaining custody, and custodial staking performed by third parties on behalf of users do not constitute securities transactions
The SEC's Division of Corporation Finance clarified that "participants in Protocol Staking Activities do not need to register with the Commission transactions under the Securities Act."

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SEC publishes staff statement clarifying legality of staking activities

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