Everstake Engages with SEC on the Future of Non-Custodial Staking Regulatory Guidance

Everstake recently met with the U.S. Securities and Exchange Commission’s Crypto Task Force to deliver a clear message: non-custodial staking is not a securities transaction, and treating it as such risks stifling innovation at the heart of blockchain infrastructure.

As one of the world’s largest non-custodial staking providers, Everstake serves institutional and retail users who actively contribute to blockchain networks’ health, decentralization, and security. Everstake appreciates the opportunity to engage with U.S. regulators and help shape innovation-friendly regulatory guidance for non-custodial staking — a key component in maintaining the U.S.’s leadership in the digital economy.

Non-Custodial Staking ≠ Securities Transaction

Earlier, Everstake submitted a formal statement to the U.S. Securities and Exchange Commission calling for clear, public guidance on this issue. You can read the full letter here.

That submission led to a face-to-face meeting between Everstake leadership — including Founder Sergii Vasylchuk, Chief Legal Officer Margaret Rosenfeld, and Chief Operating Officer Bohdan Opryshko — and members of the SEC Crypto Task Force in Washington, D.C.

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“Meeting with the SEC was a constructive and necessary step toward advancing public understanding of non-custodial staking and its role in the blockchain ecosystem. We deeply appreciate the opportunity to share our perspective and contribute to a more nuanced dialogue around this technology,” said Sergii Vasylchuk, Founder of Everstake. 

The aim of this meeting was to bring technical clarity to an often misunderstood space and help regulators distinguish between financial speculation and the foundational mechanisms that make decentralized networks run.

In Proof-of-Stake blockchains, staking is not optional — it’s a core security function and what keeps them running. Without active participation in staking, these networks cannot validate transactions, maintain consensus, or remain decentralized.

“At its core, blockchain introduces a paradigm shift by removing the need for intermediaries. Non-custodial staking, in particular, allows users to participate in network security and consensus without relinquishing control of their assets. Our goals during the discussion was to be a resource to the SEC about the technical fundamentals and also request regulatory clarity. Our main assertion is that staking is not a financial instrument or security transaction, but rather a technical process, a base-layer protocol mechanism—akin to an oracle in a database—that maintains the integrity and functionality of decentralized networks,” said Sergii Vasylchuk, Founder of Everstake. 

Margaret Rosenfeld, Chief Legal Officer at Everstake, added “with non-custodial staking, assets never leave your control–there’s no handover, no third party and no investment contract.Treating staking as a securities transaction would mischaracterize its critical technical and security role in decentralized networks. Staking  is not a financial product–it’s the engine of decentralized networks. 

Regulatory uncertainty in this area risks slowing innovation in the United States, which is why ongoing engagement between the industry and regulators is so critical. We believe transparent dialogue and ongoing education are essential to develop policy that both protects consumers and allows the blockchain ecosystem to grow responsibly.” 

Everstake firmly believes that collaboration between blockchain innovators and regulators is essential for building a trustworthy and resilient industry and ensuring continued U.S. leadership in the global digital economy.

Everstake also believes it is critical that regulatory bodies like the SEC continue to take a firm stance against misconduct. As an organization, Everstake is fully committed to supporting this mission. Everstake is prepared to share its infrastructure, data, and insights to help all global regulators better understand the mechanics of non-custodial staking and other foundational blockchain technologies. Everstake also encourages other ecosystem participants to join us in providing regulators with the insights and support needed to build fair frameworks for the future of decentralized finance.

Looking Ahead

Clear guidance would also go beyond legal clarity — it would unlock wider U.S. participation in staking, encourage responsible infrastructure operators, and support the security of the very networks that power decentralized finance. Without it, innovation risks being pushed offshore and user engagement suppressed by unnecessary legal risk.

Everstake’s meeting with the SEC was not the conclusion of a process, but the continuation of a vital dialogue. As the blockchain industry matures, regulatory clarity plays a central role in shaping its trajectory, and we believe that clarity must be rooted in technical understanding, open collaboration, and shared responsibility.

Everstake is in this for the long haul. Clear rules rooted in technical understanding will share the future of blockchain. The path forward requires cooperation—and Everstake is committed to being part of that solution. 

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Everstake is a software platform that provides infrastructure tools and resources for users but does not offer investment advice or investment opportunities, manage funds, facilitate collective investment schemes, provide financial services, or take custody of, or otherwise hold or manage, customer assets. Everstake does not conduct any independent diligence on or substantive review of any blockchain asset, digital currency, cryptocurrency, or associated funds. Everstake’s provision of technology services allowing a user to stake digital assets is not an endorsement or a recommendation of any digital assets by it. Users are fully and solely responsible for evaluating whether to stake digital assets.