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A comment on Statement on Potentially Unlawful Online Platforms for Trading Digital Assets. Parent comment
1. Someone invests their money 2. In a common enterprise 3. With the expectation of profits from efforts of a third party
As an example of how the SEC interprets these three prongs in application to cryptocurrencies, read their statement on the DAO: https://www.sec.gov/litigation/investreport/34-81207.pdf
If the SEC takes enforcement action against a token, the case would go to the courts, and then the courts would be responsible for deciding if the SEC's interpretation of the Howey Test is valid or not.
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As an example of how the SEC interprets these three prongs in application to cryptocurrencies, read their statement on the DAO: https://www.sec.gov/litigation/investreport/34-81207.pdf
If the SEC takes enforcement action against a token, the case would go to the courts, and then the courts would be responsible for deciding if the SEC's interpretation of the Howey Test is valid or not.