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Tuesday, 12/22/2020 3:48:53 PM

Tuesday, December 22, 2020 3:48:53 PM

Post# of 36481
Under the three-part “Howey test”—which is named after a U.S. Supreme Court case, SEC v. W.J. Howey Co., 328 U.S. 293 (1946))—a financial instrument such as a crypto asset will be considered an “investment contract,” and therefore a “security,”[2] where there is:

1. an investment of money (which could include, for example, an investment of fiat currency or cryptocurrency)

2. in a common enterprise

3. with an expectation of profit derived from the managerial or entrepreneurial efforts of others.

XRP clearly failed #2 above. I wish my XRP gave me partial ownership in Ripple.

And all cryptos have support or improvements/modifications/forks. (#3).

https://www.winston.com/en/crypto-law-corner/when-is-a-crypto-asset-a-security-and-why-does-that-matter-part-i.html
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