Series 63 practice questionhardHard: Howey Test Nuance
Investors purchase shares in a company that owns and rents vacation homes. The company manages all rental activity and distributes profits, but investors may, at their option, participate in rental decisions. Under the Howey Test and USA, are these shares a security?
- AYes, because profits derive primarily from the company's efforts✓ Correct answer
- BNo, because investors could participate in management
- CNo, unless all investors are passive
- DYes, only if profits are guaranteed
Explanation
Why A — Yes, because profits derive primarily from the company's efforts
If investors' profits come primarily from the efforts of others (the company), the Howey Test is satisfied regardless of the investors' ability, but not obligation, to participate. Guaranteeing profits is not required.
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