• The Howey test determines what qualifies as an “investment contract” and therefore falls under US securities laws.

  • An investment contract exists if there is an “investment of money in a common enterprise with a reasonable expectation of profiting from the efforts of others.”
  • The Howey test is important for locating blockchain and digital currency projects among project investors and supporters.
  • Some cryptocurrencies and initial coin offerings (ICOs) may meet the definition of an “investment contract” according to the Howey test.