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What factors determine whether a cryptocurrency is considered a security or not?

avatarMarijan PatarićJan 09, 2022 · 3 years ago1 answers

What are the key factors that determine whether a cryptocurrency is classified as a security or not? How does the classification process work and what criteria are taken into consideration?

What factors determine whether a cryptocurrency is considered a security or not?

1 answers

  • avatarJan 09, 2022 · 3 years ago
    The classification of cryptocurrencies as securities or not depends on several factors. One of the key factors is the Howey Test, which looks at whether an investment involves an expectation of profits solely from the efforts of others. If a cryptocurrency meets this criterion, it is likely to be considered a security. Other factors include the presence of a centralized authority, the level of decentralization, the purpose and functionality of the cryptocurrency, and the nature of the token sale or ICO. It's important to note that the classification process may vary across different jurisdictions and regulatory bodies. It is advisable to consult legal experts for specific guidance on the classification of cryptocurrencies in a particular jurisdiction.