Re:HoweyCoins – An educational tool to alert investors to po...
by wdewind on Saturday May 19, 2018 @02:59PM
(#17109202)
Late reply and IANAL but I don't believe you can actually do a token model where the people buying tokens early on pay less for them than they will be priced at later. Pretty sure that doesn't pass the Howey Test[1] because there is an expectation of profit. And if there isn't an expectation of profit there is little to no incentive to have a token, kickstarter would work.
1. https://consumer.findlaw.com/securities-law/what-is-the-howe...
I think such a scheme, if done carefully, might actually be useful. One of the problems with things like kickstarter is that you see the plan of what's going to be done, fund the project and then half way through you see that the plan has changed, or the delivery schedule has changed and you want out. There is no way to derisk your pre-purchase.
Having said that, I have seen no actual examples of ICOs that I think are legal.