US Regulators Issue New Guidance Enabling Staking for Crypto Exchange-Traded Funds

One of the top financial regulators in the United States is announcing staking for digital asset exchange-traded funds (ETFs).

In a new X post, U.S. Treasury Secretary Scott Bessent announced the new changes.

“Today US Treasury and the IRS issued new guidance giving crypto exchange-traded products (ETPs) a clear path to stake digital assets and share staking rewards with their retail investors.

This move increases investor benefits, boosts innovation, and keeps America the global leader in digital asset and blockchain technology.”

Consensys lawyer Bill Hughes further laid out the guidelines to allow for crypto staking.

“1) Hold only one digital asset type and cash;

2) Use a qualified custodian to manage keys and execute staking;

3) Maintain SEC-approved liquidity policies ensuring redemptions can occur even with staked assets;

4) Keep arms-length arrangements with independent staking providers; and

5) Limit activities strictly to holding, staking, and redeeming assets—without discretionary trading.”

Furthermore, Hughes explains why this move matters.

“This safe harbor provides long-awaited regulatory and tax clarity for institutional vehicles such as crypto ETFs and trusts, enabling them to participate in staking while remaining compliant. It effectively removes a major legal barrier that had discouraged fund sponsors, custodians, and asset managers from integrating staking yield into regulated investment products.

As a result, more regulated entities can now stake on behalf of investors, likely increasing staking participation, liquidity, and network decentralization.”

The official new guidelines from the IRS can be read in full here.

Featured Image: Shuterstock/Alexxxey/Mia Stendal