Search for: "State v. Howey" Results 1 - 20 of 136
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3 Apr 2024, 9:01 pm by renholding
And for years, the SEC has clearly and consistently applied Howey and its progeny to protect investors in the crypto space. [read post]
18 Dec 2023, 2:48 pm by CFM Admin
State-registered advisers need to examine their states’ regulations to determine who constitutes a “client. [read post]
17 Nov 2023, 12:07 pm by Race to the Bottom
In 2021, current SEC Chair Gary Gensler asserted that the SEC considers crypto as a security under the “Howey Test,” derived from the Supreme Court case, SEC v. [read post]
9 Nov 2023, 9:01 pm by renholding
The legal system of the United States has its roots in the laws of England. [read post]
20 Oct 2023, 2:40 pm by CFM Admin
October 20, 2023 Clients, Friends, and Associates: As we end the third quarter and enter the fall season, we would like to highlight some of the recent industry updates and occurrences we found to be both interesting and impactful. [read post]
11 Aug 2023, 12:01 pm by Unknown
Said the court: “By stating that ‘transaction[s]’ and ‘scheme[s]’—and not just ‘contract[s]’—qualify as investment contracts, the Supreme Court made clear in Howey that Congress did not intend the term to apply only where transacting parties had drawn up a technically valid written or oral contract under state law” (citations omitted).One can see a progression in crypto companies’ arguments in response to… [read post]
24 Jul 2023, 9:01 pm by renholding
Under the bill, even where the issuer of an ancillary asset “engaged in entrepreneurial or managerial efforts that primarily determined the value” of the token — which, under the test established by the Supreme Court in SEC v. [read post]
10 Jul 2023, 8:26 am by Edward T. Kang and Kandis Kovalsky
The SEC believes the vast majority of cryptocurrencies are securities based on the Howey test, the framework used to determine if an asset is a security articulated in SEC v. [read post]