Edward Flores's Avatar
published in Blogs
Feb 11, 2021

Can Cryptocurrencies Pass the “Howey Test”?

Blockchain is enjoying a moment in the spotlight, brought on by the rise of cryptocurrencies like Bitcoin and Ethereum that function as assets on a blockchain protocol. Decentralized applications, or Dapp (pronounced ‘dee-app’), are in early stages of development, but have extraordinary potential to revolutionize the way economic ecosystems grow and function removed from a centralized authority. Cryptocurrency models, which are open-source, peer-to-peer, and encrypted end-to-end, are likely the foundational pieces of the next phases of data storage, social media, and the internet as a whole.

But cryptocurrencies and decentralized ownership are raising difficult legislative and regulatory questions that have roots in an influential court case from the 1940’s, SEC v. Howey Co.

In 1946, a large Florida citrus farm called the Howey Company planned to lease half of its vast acreage “to finance an additional development”. Several local businessmen, anticipating a healthy return, signed the lease contract, establishing a speculative relationship: the Howey Company would work the land, while the investors, with no experience or ability farming citrus, provided the capital and became nominal land owners.

Unfortunately, the Howey Company neglected to notify the Securities Exchange Commission (SEC) of the arrangement, per the requirements of the 1933 Securities Act. Having violated federal law, the SEC issued an injunction, which was rebuffed by a Florida appeals court. A series of back-and-forth legal battles ended with the US Supreme Court ruling that Howey’s contracts were indeed investment contracts, and needed to be regulated as such.

 

 

SEC v. Howey Co. birthed the “Howey Test,” which is used to determine whether SEC jurisdiction over securities applies. The test defines the sale of a security as when a transaction’s value hinges on another’s work. This test is being applied to the most-pertinent blockchain questions, primarily because fundamental tenants of decentralized apps and tokens – anonymity, autonomy, decentralization – are rendered useless if crypto owners must register with the SEC.

Naturally, the Howey test has raised questions about coin ownership and initial coin offerings (ICOs). Coinbase, in collaboration with Coin Center, Consensys, and Union Square Ventures, recently issued a paper called “A Securities Law Framework for Blockchain Tokens”, addressing that question by advocating that all decentralized apps be designed in accordance with the Howey test. The paper includes guidelines for developing blockchain tokens within an open-source framework so they will not be regulated as securities.

The idea is that, if designed properly, blockchain tokens are the equivalent of a franchise agreement. Owners gain the right to contribute to a larger system by holding blockchain tokens – by classifying these tokens as a contract, “rather than a passive investment interest”, owners are not subjected to the legal rules that come with holding a security.

The paper’s pragmatic approach stands to pay dividends as Dapp technology evolves. By removing the legal intricacies that come with security ownership, decentralization can continue to grow efficiently and safely.

John Jacques's Avatar
published in Blogs
May 16, 2022
A.I. Stock Market Predictions: Head & Shoulders

A.I. Stock Market Predictions: Head & Shoulders

Statistics for the Head-and-Shoulders Bottom Pattern The days where only hedge funds used algorithms to trade stocks are officially over. Now retail investors can use Artificial Intelligence (A.I.  Here’s an example of the algorithm in action: Late last year, Tickeron’s A.I.
Edward Flores's Avatar
published in Blogs
Apr 29, 2022
How to Become the Millionaire Next Door

How to Become the Millionaire Next Door

The Golden Gate Bridge is always a fixture of these walks too, one of man's most beautiful creations.  As we were walking, at one point she turned to me and said, "Man, I'll never have a million dollars."" My girlfriend is 27 years old and works as a graphic designer, making about $75,000 a year.
Sergey Savastiouk's Avatar
published in Blogs
May 16, 2022
When Is the Next Recession Coming?

When Is the Next Recession Coming?

However, we also know that economists predicted 22 recessions out of 11 that took place since 1945. Are there real recession signs we should watch for?Indeed, the answer is yes, and here are a few very important ones: The first one is almost obvious and known to everyone – it is the Fed.
Sergey Savastiouk's Avatar
published in Blogs
Mar 14, 2023
How to Start Trading Penny Stocks

How to Start Trading Penny Stocks

Penny stocks have long been marginalized within the professional investment community, oftentimes being painted with a broad brush of simply being “too risky.” Leonardo DiCaprio’s depiction of the penny stock peddling conman, Jordan Belfort, in the Wolf of Wall Street certainly didn’t help.Here are four reasons to start trading them now. Reason #1: Let’s State the Obvious -- Penny Stocks are Cheap A single share of Apple Inc. costs over $350.
Dmitry Perepelkin's Avatar
published in Blogs
Mar 14, 2023
5 Habits that Lead to Successful Investing

5 Habits that Lead to Successful Investing

To consistently make money in this industry, you need emotional fortitude, an analytical mind, and a willingness to self-reflect. Despite trading and investing being two different activities, these principles can be applied to both.Conversely, investors with good habits often become great traders.  Rather than full sentences for titles, we’ve labeled each of our top-five investing habits using a single word principle.
Allana's Avatar
published in Blogs
Mar 23, 2023
What’s the Difference Between Data Analytics and Machine Learning?

What’s the Difference Between Data Analytics and Machine Learning?

Artificial intelligence (AI) technology is developing rapidly.Data mining can deliver raw numbers, but it does not necessarily provide actionable insights. Structure is necessary to taking abstract information and extracting commonalities, like averages, ratios, and percentages.
Sergey Savastiouk's Avatar
published in Blogs
Mar 13, 2023
4 Tips for Fast, Effective Stock Analysis

4 Tips for Fast, Effective Stock Analysis

With just a few clicks, an investor can search for individual stocks, categories of stocks, sectors, or investment themes, and then he or she can conduct a full range of technical and fundamental analysis within seconds.All powered by Artificial Intelligence.  Below, we give you 5 tips for fast, effective stock analysis using Tickeron’s Screener.
Sergey Savastiouk's Avatar
published in Blogs
Mar 20, 2023
5 Golden Principles in Investing

5 Golden Principles in Investing

You have enough faith in that stock, based on research, that the return will equal or exceed the investment.  Do unto others.The principles outlined here will ensure that happens.  Principle #1: Diversification Investors can’t be one-dimensional when constructing a portfolio.
John Jacques's Avatar
published in Blogs
Mar 24, 2023
If Hedge Funds are Using AI to Invest, Why Shouldn’t You?

If Hedge Funds are Using AI to Invest, Why Shouldn’t You?

Some of the world’s biggest financial institutions have devoted multi-million dollar budgets to developing algorithms that can find patterns in the market, identify trends, and perform automated trading designed to take advantage of even the smallest price movements. The AI revolution is so big that as it stands today, the world’s five biggest hedge funds all use systems-based approaches to trade financial markets.Indeed, quantitative trading hedge funds now manage $918 billion (according to HFR), which amounts to 30% of the $3 trillion hedge fund industry – a percentage continues to grow with each year that passes.
Sergey Savastiouk's Avatar
published in Blogs
Mar 15, 2023
The five most important Lessons Learned After 10,000 hours of Trading

The five most important Lessons Learned After 10,000 hours of Trading

Ten thousand hours of active trading, broken down into forty-hour weeks, amounts to almost five years. Having surpassed that milestone myself, I now understand why it's significant for any trader's journey. The early years taught me valuable lessons that have shaped my approach to trading. It's a misconception that great traders are born with innate talent. The truth is that it takes years of...