Search for: "Matter of Howey"
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5 Oct 2020, 10:50 am
A determination of whether a financial instrument is a security based upon the Howey test depends of course upon the facts and circumstances of the particular matter. [read post]
12 Feb 2019, 6:05 am
Peirce reaffirmed remarks by Bill Hinman in a June 2018 speech, “Digital Asset Transactions: When Howey Met Gary (Plastic). [read post]
11 Jun 2019, 8:14 pm
In its press release issued on June 4, 2019, Kik referred to its Kin tokens as a currency and alleged that the SEC stretched the Howey test "well beyond its definition". [read post]
19 Apr 2022, 7:33 am
As an initial matter, the court wrote that it needed to characterize the ID Tokens as a security/investment contract, a commodity, property, or currency. [read post]
26 Dec 2018, 6:33 am
Clarify use of Howey test. [read post]
21 Feb 2017, 5:00 am
The trial court, however, dismissed counts four and five, concluding that the promissory notes were not securities under either the risk-capital or Howey tests adopted by the California courts.Howey test. [read post]
11 Sep 2018, 1:33 pm
Howey Co., 328 U.S. 293 (1946), and its progeny, including the cases discussed by the SEC in its Report Of Investigation Pursuant To Section 21(a) Of The Securities Exchange Act Of 1934: The DAO (Exchange Act Rel. [read post]
3 Jan 2024, 8:21 am
Judge Rakoff of the Southern District of New York held as a matter of law that there was no genuine dispute that crypto tokens issued by Terraform were securities and investment contracts under the Howey test. [read post]
15 Jun 2018, 6:42 am
He even opened the door to possible no action relief, something the staff ordinarily avoids as a matter of policy in the private placement context. [read post]
9 Nov 2023, 8:00 am
As such, they are not securities under the Howey test.Not so, said the SEC. [read post]
20 Feb 2020, 9:00 am
Howey Co. [read post]
13 Sep 2023, 9:05 pm
Howey’s application is all that should matter. [read post]
27 Mar 2020, 8:17 am
According to the judge, Howey requires an examination of the entirety of the parties’ understandings and expectations. [read post]
25 Jan 2019, 3:00 am
” Why is the Howey test daunting? [read post]
1 Apr 2024, 9:05 pm
Should they be allowed to do so, as both a doctrinal and public policy matter? [read post]
17 May 2019, 3:00 am
Peirce A strong enforcement program requires us—to draw from the admonition a judge recently gave to us in a matter before her—to “put on [our] reasonableness pants. [read post]
12 Apr 2022, 9:05 pm
If cryptos are securities (“investment contracts” under the Howey test), they must be sold in accordance with the federal securities laws. [read post]
2 May 2022, 8:31 pm
Howey Co. [read post]
27 Feb 2023, 7:13 am
In its decision to deny the motion to dismiss, the court focused on prongs two and three of the Howey test. [read post]
23 Jan 2023, 11:23 am
Nexo settled the SEC’s charges without admitting or denying the agency’s findings (In the Matter of Nexo Capital Inc., Release No. 33-11149, January 19, 2023).SEC Chair Gary Gensler remarked on the settlement via press release. [read post]
