ICO: SECURITY token if not tradable

[MasternodeInvest]

Hi, i want to make a short question:

If we have a token that have features of security token but.. Does be considered security token if a token is not tradable? or can be considered only if you can buy and sell in an exchange.

thank's

[odolvlobo]

If we have a token that have features of security token but.. Does be considered security token if a token is not tradable? or can be considered only if you can buy and sell in an exchange.

In the U.S., the Howey Test is used to determine if something is a security. Under the Howey Test, it is a security if:

• It is an investment of money or monetary value
• There is an expectation of profits from the investment
• The investment of money is in a common enterprise
• Any profit comes from the efforts of a promoter or third party

Nothing in there about being tradeable.

[MasternodeInvest]

If we have a token that have features of security token but.. Does be considered security token if a token is not tradable? or can be considered only if you can buy and sell in an exchange.

In the U.S., the Howey Test is used to determine if something is a security. Under the Howey Test, it is a security if:

• It is an investment of money or monetary value
• There is an expectation of profits from the investment
• The investment of money is in a common enterprise
• Any profit comes from the efforts of a promoter or third party

Nothing in there about being tradeable.

ok, so... all cloud mining are considerated security, why they are not restricted in US???

[joniboini]

ok, so... all cloud mining are considerated security, why they are not restricted in US???

How come cloud mining is a security?

[odolvlobo]

ok, so... all cloud mining are considered security, why they are not restricted in US???

https://www.coindesk.com/crypto-miner-genesis-hit-cease-desist-order/
I don't know why the U.S. SEC hasn't gone after them. It guess its hands are full dealing with ICOs.

How come cloud mining is a security?

Cloud mining is a security because it checks every box in the Howey Test. It is also a scam (or at best, a money loser).

[MasternodeInvest]

THANKS