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NSBA OnDemand

The Howey Test for Investment Contracts as a Definition of a Security in the Context of Digital Assets

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Price

$60 for Member
$80 for Nonmember
$30 for Junior Member Rate
$0 for Law Student Rate

60 minutes
Date Published

November 18, 2024

Publisher

nebar.com

Subjects

Securities

Questions

For immediate assistance please consult our FAQ page. If you're unable to find the answer you need, please call (402) 475-7091 (M-F, 8am-5pm CT) or e-mail customer service.

Summary

This presentation will provide an overview of the framework articulated by the United States Supreme Court in Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), to define which investment contracts qualify as a security under federal law. Providing a review of the elements to the Howey framework, this presentation will revisit the most prominent case law. The focus of this presentation will then shift to digital assets, such as cryptocurrency, blockchain, and NFTs, defining and classifying these assets. The SEC has made several attempts to treat some of these assets as securities. The presentation will summarize the SECs arguments and cover applicable judicial opinions.

SWOD-27570

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Program Titles and Supporting Materials

This program contains the following components:

Media Files
The Howey Test for Investment Contracts as a Definition of a Security in the Context of Digital Assets
Downloadable Files
The Howey Test for Investment Contracts as a Definition of a Security in the Context of Digital Assets - Materials
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Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

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