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Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardHard: Nuanced Security Analysis

A business offers a pooled investment where participants contribute funds to purchase rare coins. Investors receive profits based on the appreciation and sale of the coins, but all buying and selling decisions are made by the business. Under the USA and Howey Test, this arrangement is:

  1. AA security, because it meets all elements of the Howey Test✓ Correct answer
  2. BNot a security, because coins are collectibles
  3. CA security only if the coins are also registered as securities
  4. DNot a security, unless investors are promised a minimum return
Explanation

Why AA security, because it meets all elements of the Howey Test

The arrangement is an investment contract: money is pooled, in a common enterprise, expecting profit from others' efforts, regardless of the asset type. Coins being collectibles does not exclude it.

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