Series 63 practice questionmediumInvestment Contract Application
A client invests in a pool where all funds are managed by a third party and profits are distributed proportionately. According to the Howey Test and USA, this arrangement is:
- AAn investment contract and a security✓ Correct answer
- BOnly a security if the client manages the funds
- CA fixed insurance contract
- DNot a security, since the manager is registered
Explanation
Why A — An investment contract and a security
This is an investment contract under the Howey Test (investment, common enterprise, profits from others' efforts), making it a security under the USA. Client management or manager registration is irrelevant.
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