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My nitpick is that "tradable" is non-central to the definition, even though most things that people think of as securities are both tradable in theory and have
by patio11 8y ago
My nitpick is that "tradable" is non-central to the definition, even though most things that people think of as securities are both tradable in theory and have active markets in them.
A security without an active market in it? Still a security. A security which can't be traded even theoretically? Still a security.
A reason to make this nitpick is that promoters sometimes use "Oh this is just a commercial relationship between business partners and we're locking you into it in all sorts of interesting ways; therefore, we're not offering a security" as an argument. The government takes a dim view of it. (This was a major issue in the fractional orange groves case.)
- tptacek 8y agoI agree; another colorable shorthand might be "if someone can plausibly claim it's a security, it's probably a security". I think the important bit for this thread is to distinguish between product endorsement and investment endorsement. The law, of course, sees those as two very different things.