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The Howie test is often referred to by American regulators when, in the absence of a clear regulatory framework, they want to prove that a particular cryptographic token is a security. According to this test, a transaction is classified as a security if the investor answers yes to all four questions:<br />
The Howie test is often referred to by American regulators when, in the absence of a clear regulatory framework, they want to prove that a particular cryptographic token is a security. According to this test, a transaction is classified as a security if the investor answers yes to all four questions:<br />
   
   
"'1."' Is there a fact of investing money?<br />
'''1.''' Is there a fact of investing money?<br />
"'2."' Is there an expectation of profit?<br />
'''2.''' Is there an expectation of profit?<br />
"'3."' Is the money invested in an ordinary enterprise?<br />
'''3.''' Is the money invested in an ordinary enterprise?<br />
"'4."' Does any profit and its size depend on the efforts of a counterparty or a third party, not an investor?
'''4.''' Does any profit and its size depend on the efforts of a counterparty or a third party, not an investor?
   
   
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