Regulating Cryptocurrencies: Are you Investing in Securities?

Regulating Cryptocurrencies: Are you Investing in Securities?

There is an ongoing legal case between SEC and Ripple Labs. In December 2020, the San Francisco-based corporation and its current and former senior executives were sued by the SEC on charges that they had been selling unregistered securities worth $1.3 billion since the token’s inception. The commission declared XRP as a security. You should have heard of this case if you are in the crypto industry. Many questioned how this happened and will this have any affect on the rest of the cryptocurrencies. What is a security? How SEC determine what is a security? I will try to break it down in this article.

What is Howey Test?

The Howey test is used by the U.S. Securities and Exchange Commission (SEC) to determine whether a particular financial product or transaction qualifies as an “investment contract.” If a product or transaction is deemed to be an investment contract, it is subject to certain regulatory requirements under federal securities laws.

The test is named after the 1946 Supreme Court case SEC v. W.J. Howey Co., in which the Court established a four-part test to determine whether a transaction qualifies as an investment contract:

  1. It involves an investment of money
  2. There is an expectation of profits from the investment
  3. The investment of money is in a common enterprise
  4. Any profit comes from the efforts of a promoter or third party

If all four of these criteria are met, the transaction is considered an investment contract and is subject to regulation as a security.

What is a Security?

Before we look further, let’s look at what is a security. A security is a financial instrument representing an ownership position in a publicly traded corporation (stock), a creditor relationship with a governmental body or a corporation (bond), or rights to ownership as represented by an option.

There are several types of securities, including:

  1. Stocks: Stocks represent ownership in a company and entitle the holder to a share of the company’s profits.
  2. Bonds: Bonds are a type of debt security that involves borrowing money from an investor for a set period of time at a fixed interest rate.
  3. Options: Options are a type of derivative security that gives the holder the right, but not the obligation, to buy or sell a specific asset at a predetermined price within a specific time frame.
  4. Mutual funds: Mutual funds are investment vehicles that pool money from multiple investors and use that money to buy a diversified portfolio of stocks, bonds, or other securities.
  5. Exchange-traded funds (ETFs): ETFs are investment funds that are traded on stock exchanges, much like stocks. They typically track an index, such as the S&P 500, or a specific sector or theme.
  6. Derivatives: Derivatives are financial instruments that are derived from other assets, such as stocks, bonds, commodities, or currencies. They are used to hedge risk or speculate on the price movements of the underlying asset. Examples of derivatives include futures, options, and swaps.

Howey Test Applied to Cryptocurrencies

The Howey test is a well-established legal test used for decades to determine whether a financial product or transaction qualifies as an investment contract and is subject to regulation as a security. While the test was originally developed in the context of traditional securities, it has also been applied to cryptocurrency and initial coin offerings (ICOs).

The four-part test established by the Howey case has generally been applied to cryptocurrency in the same way as it has been used to traditional securities. However, there may be some nuances or specific considerations that apply specifically to cryptocurrency when applying the Howey test.

For example, the first prong of the test, which requires an investment of money, may be satisfied by the purchase of a cryptocurrency using fiat currency (such as U.S. dollars) or by the exchange of one cryptocurrency for another.

The second prong, which requires an expectation of profits, may be satisfied by the potential appreciation of the cryptocurrency’s value or by the ability to earn returns through the use of the cryptocurrency in a particular platform or network.

The third prong, which requires the investment of money to be in a common enterprise, may be satisfied by the pooling of resources or the use of a shared infrastructure or platform.

The fourth prong, which requires any profits to come from the efforts of a promoter or third party, may be satisfied by the involvement of a central authority or the use of a decentralized autonomous organization (DAO) to manage the cryptocurrency or ICO.

Modern-Day Version of Howey Test for Cryptocurrencies

The above pointers may sound familiar to you. You are a project owner and have spoken to a lawyer before; this is the same advice they gave you. My question now is, since the state of play in cryptocurrencies are changing rapidly, should there be an adapted version for the modern day?

The modern-day version might look something like this:

  1. Is there an investment of money?

If the crypto digital asset issuer has not sold any assets issued to build its project. It is most likely not considered a security.

  1. Is there an expectation of profits from the investment?

If the crypto asset is utility-based, for example, it is used for voting purposes. It is most likely not considered a security.

  1. Is the investment of money in a common enterprise?

If the project is decentralized, it is not controlled and operated by a centralized entity. It is most likely not considered a security.

  1. Are any profit comes from the efforts of a promoter or third party?

If the profit primarily comes from the community which has nothing to do with the issuance of the crypto asset. It is most likely not considered a security.

Reminding all again, when all four criteria are met, the investment is considered a security and is subject to regulatory requirements of the Securities Act of 1933. The application of the Howey test to cryptocurrency may involve considering the specific characteristics and features of the particular cryptocurrency or ICO in question, as well as the broader market and regulatory context in which it operates.

Take some time to do a self-evaluation based on the above thoughts shared. If you have time, you can ask yourself these questions about the tokens you invested. This is a good exercise for self-reference. I am not a lawyer, and none of the written content is formal advice.

“If you are a retail crypto investor- Do your crypto research. Learning about the regulation side of things can help you with your investment decision, avoiding unnecessary issues down the road.

If you are a project and you claim to be decentralized. Please stay decentralized. This will also avoid getting into any regulatory problems.” – Anndy Lian

 

Source: https://www.securities.io/regulating-cryptocurrencies-are-you-investing-in-securities/

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

j j j

UK Investing.com- People Hesitant To Buy Crypto Due to Lack of Knowledge: Study

UK Investing.com- People Hesitant To Buy Crypto Due to Lack of Knowledge: Study

With over 100 million people globally using cryptocurrencies in 2021, the digital dollar has become a widely accepted way of saving and spending.

A new study, however, points out that the majority of those who have not invested in cryptos are either due to a lack of knowledge, massive fluctuations, or a perception that the digital currencies are a scam.

A study conducted by Coupon Follow also found out that Gen Z says further government regulations and crypto law enforcement is most likely to convince them to buy crypto and one in five people who have never bought crypto have downloaded a crypto exchange app at some point.

Coupon Follow surveyed 1,172 respondents over the age of 18 via SurveyMonkey and respondents were limited to those in the United States who had not yet bought or invested in cryptocurrency.

Gen Z, millennials, Gen X, and baby boomers were all included in the survey, with sample sizes ranging from 172 to 333 for each generation.

Hesitation due to lack of understanding When respondents were asked about their aversion toward purchasing cryptocurrency, 42% said it was because they didn’t understand its value. Meanwhile, 39% were put off by the massive fluctuations in value that have plagued certain cryptocurrencies.

The third most common reason for hesitation was a concern that cryptos as a whole seemed like a scam. This sentiment was most common among baby boomers, 44% of whom selected it as their primary cause for pause.

Surprisingly, 18% of crypto skeptics have downloaded crypto exchange apps onto their phones but never ended up investing in any coins. The biggest reason for this sort of course reversal was a lack of knowledge about how to use the app or the currencies.

Interest Piqued? Crypto investment interest seems to have taken a hit in 2022, with 61% of respondents saying they’re not at all likely to buy in this year. Only 6% of respondents who didn’t currently own crypto said they would be very or extremely likely to do so in the near future.

Looking forward to learning The study results point out that interest in learning more about cryptocurrency is not dead. 6 out of 10 people were at least somewhat willing to learn more about cryptocurrency, even if they weren’t ready to spend money on it.

Experts say educating the masses is the need of the hour and relying on hear-say or sole dependence on the media is not good enough.

Anndy Lian, Thought Leader and Chief Digital Advisor to Mongolian Productivity Organization says people should look at reading online expert opinion articles and blogs where real users share their experiences.”

“This would help them think wider and allow them to make sound decisions on what to do next. Be the changemaker, don’t be the problem. Crypto changes minds and empowers you to think beyond what you have learned in the textbook,” Lian says.

Raj Kapoor, chief Advisor at Acryptoverse, a crypto blockchain and advisory firm, says for years crypto has seemed like the fleeting tech trend most people could safely ignore, however, its power – both economic and cultural – has become too big to overlook.

“The elephant is in the room. Can we kick it out? I don’t think so, so let us learn to dance with the elephant now,” he adds.

 

Original Source: https://uk.investing.com/news/cryptocurrency-news/people-hesitant-to-buy-crypto-due-to-lack-of-knowledge-study-2651819

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

j j j

Anndy Lian Meets Crypto Curry Club: Trading, Investing And The Lessons Learned Along The Way

Anndy Lian Meets Crypto Curry Club: Trading, Investing And The Lessons Learned Along The Way

Erica Stanford, Founder of Crypto Curry Club meets Anndy Lian, book author and intergovernmental blockchain expert. They talked about trading, investing and other lessons learnt when dealing with crypto.

It’s hard to miss news of the meteoric rise in prices for several coins but crypto’s nature consists of a lot of plunges along the way due to its volatility and unpredictability and one of the biggest challenges for investors when it comes to crypto is to not get caught up in the hype. This is especially so for now that we live in an era where a tweet can easily dictate its rise and fall.

If you’re tempted to invest or are looking to have a little exposure to crypto in your portfolio, Anndy Lian, Chairman of BigONE Exchange lets you in on what to consider before taking the leap.

Give us an overview of all the different ways for people and institutions to get involved in crypto. What are some of the different ways that are being offered on the BigONE Exchange?
[00:01:59] Anndy Lian

Do you see any new trends in terms of what type of people or users are being drawn to these products and strategies?
[00:05:17] Anndy Lian

What methods would you say you see to mitigate with as less risk as possible if somebody is new to crypto and sort of cautious to get in?
[00:08:39] Anndy Lian

How do you see institutional investment in crypto going?
[00:13:21] Anndy Lian

What else do you see needs to come in for crypto to be fully ideal for new investors, but also for institutional money aside from the regulation and ease of use?
[00:19:26] Anndy Lian

Anndy Lian is an all-rounded business strategist in Asia. He has provided advisory across a variety of industries for local, international, public listed companies and governments. He is an early blockchain adopter and experienced serial entrepreneur, book author, investor, board member and keynote speaker.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. He is also the Chairman, Asia for BigONE Exchange. BigONE is a global cryptocurrency exchange that provides a platform for trading various cryptocurrencies. It was founded in 2017 and registered in the Netherlands. The group operates in Russia, Brazil, Vietnam, Seychelles, Singapore, Japan, and Indonesia, providing marketing, investment, and blockchain technology research & development.

At Crypto Curry Club, we create opportunities to build meaningful relationships, and exchange value through shared experiences on a range of topics from Blockchain, Digital Assets, Crypto to Tech for Sustainability. The club connects like-minded individuals to come together and affect real change that innovates our future while driving businesses forward.

More information about Crypro Curry Club can be found at https://www.cryptocurryclub.com/. You can visit Anndy at his personal page at https://anndy.com. BigONE Exchange’s information can be found at https://big.one.

 

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

j j j