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> "By letting other people invest in you, you are incentivizing them to promote your own story and do their best to increase your tokens' value." In 1946, the
by pavlov 6y ago
> "By letting other people invest in you, you are incentivizing them to promote your own story and do their best to increase your tokens' value."
In 1946, the US Supreme Court established the so-called Howey Test to determine if an investment opportunity is a security offering. These are the Howey criteria:
"Under the Howey Test, a transaction is an investment contract if:
"It is an investment of money;
"There is an expectation of profits from the investment;
"The investment of money is in a common enterprise;
"Any profit comes from the efforts of a promoter or third party."
IANAL, but these personal tokens seem to match every condition of the Howey test. I'd be extremely careful about conducting your own little security offering if you're resident in the US, or allow US residents to participate.
It's worth noting that Alex Masmej, the person mentioned in the article, conducted his token offering while in France.
- jkhdigital 6y agoIt’s also worth noting that Alex Masmej, the person mentioned in the article, has commented in this thread. And every time I see the acronym IANAL I pronounce it as “I, ANAL”. edit: Why would someone flag this??? It’s funny!
- ornornor 6y agoMike Merrill has been doing this for a while (kmikeym.com) and didn’t seem to run in legal troubles. He’s in the US of A.
- pavlov 6y agoThat doesn’t mean anything. There were hundreds of ICOs in 2017, and the SEC only sued a handful of them. The rest were not different, they just lucked out of prosecution.