How do the prongs of the Howey test determine whether a digital asset is considered a security or not?

1 answers

• Dec 17, 2021 · 3 years ago
  The Howey test is a well-established legal framework used by the U.S. Securities and Exchange Commission (SEC) to determine whether a digital asset is considered a security. The test consists of four prongs, which are used to evaluate the economic realities of the transaction. These prongs include: 1) an investment of money, 2) in a common enterprise, 3) with an expectation of profits, 4) solely from the efforts of others. If all four prongs are met, the digital asset is likely to be classified as a security and subject to securities regulations. It's important for issuers and investors to understand the implications of the Howey test and ensure compliance with applicable laws and regulations to avoid potential legal consequences.
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