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How Does the Howey Test Apply to Decentralized Autonomous Organizations (DAOs)?

The application to DAOs is complex. If a DAO is truly decentralized, with active governance participation from a wide, dispersed token holder base, it may fail the 'efforts of others' prong.

However, if a small group of founders or a central team retains significant control, or if the token is marketed with an expectation of profit from the team's efforts, the DAO token is likely a security. The key is the degree of decentralization and active participation.

Which of the Four Howey Test Prongs Is Most Debated for Utility Tokens?
What Is the Significance of the “Solely” from the Efforts of Others Clause in the Howey Test?
How Does Decentralization Affect a Token’s Classification under Howey?
Can a Token Be Considered Decentralized If a Large Portion Is Held by the Founders?