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How Do Public Statements by the Issuer Influence a Token’s Classification?

Public statements, including those in the whitepaper, marketing materials, and social media, are heavily scrutinized by regulators. Promises of profit, price appreciation, or guarantees of returns are strong evidence of an "expectation of profit" and can be a deciding factor in classifying a token as a security.

Issuers must carefully manage all external communications.

What Evidence Is Used to Prove the ‘Solely from the Efforts of Others’ Criterion?
How Does a Token’s Pre-Sale Structure Affect Its Howey Test Analysis?
What Is the Risk to the DAO If the Token Price Exceeds the Call Option’s Strike Price?
What Are the “Reasonable Steps” an Issuer Must Take to Verify Accredited Investor Status under 506(C)?