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← Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardHard: Cryptocurrency Application

A promoter sells tokens to fund the development of a new blockchain network, promising buyers will profit as the network grows, but buyers have no control over development. Under the USA and Howey Test, these tokens are:

  1. ASecurities, because they are investment contracts✓ Correct answer
  2. BNot securities, because cryptocurrencies are not regulated
  3. CSecurities only if traded on a U.S. exchange
  4. DNot securities, since digital assets are not listed in Section 401(l)
Explanation

Why A — Securities, because they are investment contracts

This token offering meets all prongs of the Howey Test, making it an investment contract and therefore a security under the USA, even if digital assets are not specifically listed.

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