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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 ASecurities, 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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