How to legally stake crypto in 2025: What is now a

• The SEC has clarified that solo staking, delegated staking and custodial staking, when tied directly to a network’s consensus process, do not qualify as securities offerings.

• Post May 29 guideline, rewards earned from network validation are seen as compensation for services, not profits from the efforts of others, removing them from the Howey test classification.

• Validators, node operators and retail or institutional stakers can now participate without fear of regulatory uncertainty, encouraging wider adoption of PoS networks.

• Yield farming, ROI-guaranteed DeFi bundles and staking-disguised lending schemes remain outside legal bounds and may be treated as securities offerings.

On May 29, 2025, the US Securities and Exchange Commission issued new guidance regarding crypto staking to bring regulatory clarity. Before the guideline was issued, investors and service providers were unsure whether regulators would view staking rewards as securities or not, risking legal trouble.