3 ms·
For question of whether SEC has jurisdiction over cryptos, there is something called "Howey Test" for anyone that is unaware of: Under the Howey Test, a transa
by WiSaGaN 4y ago
For question of whether SEC has jurisdiction over cryptos, there is something called "Howey Test" for anyone that is unaware of:
Under the Howey Test, a transaction qualifies as a security if it involves the following four elements:
- An investment of money
- In a common enterprise
- A reasonable expectation of profit
- Derived from the efforts of others
To be considered a security, a transaction must meet all four prongs of the Howey Test.
- doopy1 4y ago"A reasonable expectation of profit" seems like it would exclude all stable coins.
- WiSaGaN 4y agoThat's true. NFTs seem also failed the test because the speculated price increase is not "derived from the efforts of others". I think that is one of the reasons SEC considers Bitcoin to be a commodity (which probably falls in the jurisdiction of CFTC) but not a security.
- SilverBirch 4y agoYou're not quite right about NFTs. For example the "Lucky Block NFTs" entitle you to a percentage of a rewards pool. Or Vee Friends - Gary Vaynerchuk's NFTs - he's been very explicit that he will work to do things to increase the value of the NFTs. In fact, Gary Vee's pitch seems to be almost tailor made to meet the Howey test. I'm sure that A16Z were fastidious in their due diligence when they invested in it though.
- WiSaGaN 4y agoI see. Thanks for the correction!
- doopy1 4y agoI think this depends largely on the collection and how it's promoted, but just selling an art NFT imo seems like it would fail the test.
- jiggawatts 4y ago"Derived from the efforts of others" also excludes most crypto, since by definition they produce nothing.