What is the Howey test in Crypto?
Adekunle Joshua
This important legal concept plays a crucial role in determining whether a cryptocurrency is considered a security under securities regulations
The Howey test takes its name from the landmark US Supreme Court case, SEC v. Howey (1946)
– According to the Howey Test, a transaction is an investment contract and thus a security if it meets the following criteria:
-Investment of money
-In a common enterprise
-With an expectation of profits
-Primarily from the efforts of others
In the context of crypto, the Howey Test is applied to token offerings and ICOs
If a token satisfies the four criteria mentioned earlier, it is likely to be classified as a security token and subject to securities regulations
Being classified as a security has significant implications for a crypto project.