What Ongoing Oversight or Actions Could Cause a Functional Token to Revert to a Security Classification?

A functional token could revert to a security classification if the network's governing body or founding team takes actions that re-centralize control or re-establish an investor's expectation of profit derived from their efforts. Examples include the founding team resuming active, profit-generating management of the network, or making material changes to the token's economics that grant holders equity-like rights.

Any action that makes the token's success again reliant on a central, identifiable promoter could trigger a re-application of the Howey Test.

How Do Circuit Breakers Affect the Execution of Pending Limit Orders?
What Is “Utility” in the Context of a Utility Token?
How Do Governance Tokens Fit into the Decentralization Argument?
What Role Does the Token’s “Consumptive Use” Play in Avoiding Howey Classification?
What Role Does an Active User Base Play in the Liquidity of a Decentralized Exchange (DEX)?
Which of the Four Howey Test Prongs Is Most Debated for Utility Tokens?
What Is a “Governance Token” and Its Role in a Decentralized Stablecoin System?
What Are Some Key Characteristics That Demonstrate a Network Is “Functional”?

Glossar