Skip to main content

What Is the “Howey Test” and How Does It Relate to Token Classification?

The Howey Test is a US Supreme Court standard used to determine if a transaction qualifies as an "investment contract" and is therefore a security. It requires four elements: an investment of money, in a common enterprise, with an expectation of profit, derived solely from the efforts of others.

If a token offering meets all four criteria, it is classified as a security and subject to SEC regulation. This classification dictates legal requirements for issuance and trading.

What Is the “Howey Test” and Its Relevance to Tokens?
What Is the Howey Test and How Is It Applied to Cryptocurrencies?
What Is the Significance of the “Common Enterprise” Prong of the Howey Test?
Under What Criteria Does the SEC Classify a Crypto Asset as a “Security”?