Differentiate between Horizontal and Vertical Commonality in the Howey Test.

Horizontal commonality focuses on the pooling of investors' funds, where the success or failure of the investment is shared pro-rata among all investors. Vertical commonality links the investor's success to the promoter's efforts.

Strict vertical commonality requires a direct relationship between the investor and promoter. Broad vertical commonality only requires that the investor's fortunes be tied to the promoter's efforts, not necessarily shared with other investors.

Which Type of Commonality (Horizontal or Vertical) Is More Commonly Accepted by US Courts?
Define “Common Enterprise” in the Context of the Howey Test
Define the “Solely from the Efforts of Others” Prong of the Howey Test
What Is the Difference between Horizontal and Vertical Commonality?
How Does the Use of a Smart Contract for Fund Management Affect the Commonality Analysis?
What Is Meant by “Common Enterprise” in the Howey Test Context?
What Is a “Common Enterprise” in the Context of the Howey Test?
What Is the Significance of the “Common Enterprise” Prong of the Howey Test?

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