
Hester Peirce, head of the SEC's cryptocurrency working group, stated on May 19, 2025, that the technical actions of PoS and DPoS fall outside the jurisdiction of securities laws in Washington, D.C.
This announcement provides important regulatory clarity for U.S. institutions engaged in staking, potentially increasing institutional participation in PoS ecosystems.
On May 19, Hester Peirce, SEC commissioner and head of the cryptocurrency working group, emphasized that the technical aspects of Proof of Stake (PoS) systems do not fall under securities regulations. Peirce highlighted that further guidance will clarify actions unrelated to securities in consensus mechanisms. As Hester M. Peirce, commissioner of the U.S. Securities and Exchange Commission, stated, "Technical behavior that directly participates in the consensus mechanisms of Proof of Stake and Delegated Proof of Stake, such as low-level validation and attestation, node operation, and associated software services, do not fall under the jurisdiction of securities laws. These actions are essentially technical and do not constitute securities transactions on their own."
The position of the Securities and Exchange Commission signals a shift towards facilitating broader adoption of staking by U.S. institutions. By excluding certain activities from securities laws, institutions can participate in staking operations with greater confidence, potentially increasing engagement with Ethereal and other PoS/DPoS networks.
Key players in the crypto and financial sectors view Peirce's position as a positive development for institutional participation in staking. Industry organizations welcomed the clarity that enhances trust in regulatory frameworks. The Securities Industry and Financial Markets Association (SIFMA) expressed support for these efforts, noting the balance between innovation and investor protection.
Analysis from Coincu highlights the potential implications of Peirce's statement. With increased regulatory clarity, American institutions may ramp up their participation in staking activities, which could enhance liquidity and efficiency in major PoS protocols, supporting a broader transition to a decentralized financial ecosystem.
Did you know? Previous SEC approaches to enforcing staking compliance, such as the SEC vs. Kraken case in 2023, led centralized providers to restrict staking in the U.S., which reduced institutional activity.
Peirce's recent clarification may reverse this trend, fostering understanding among regulators.
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