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Taher Batterywala

Taher Batterywala

3 years ago

Do You Have Focus Issues? Use These 5 Simple Habits

More on Productivity

Jon Brosio

Jon Brosio

3 years ago

Every time I use this 6-part email sequence, I almost always make four figures.

(And you can have it for free)

Photo by Gustavo Fring from Pexels

Master email to sell anything.

Most novice creators don't know how to begin.

Many use online templates. These are usually fluff-filled and niche-specific.

They're robotic and "salesy."

I've attended 3 courses, read 10 books, and sent 600,000 emails in the past five years.

Outcome?

This *proven* email sequence assures me a month's salary every time I send it.

What you will discover in this article is that:

  • A full 6-part email sales cycle

  • The essential elements you must incorporate

  • placeholders and text-filled images

  • (Applies to any niche)

This can be a product introduction, holiday, or welcome sequence. This works for email-saleable products.

Let's start

Email 1: Describe your issue

This email is crucial.

How to? We introduce a subscriber or prospect's problem. Later, we'll frame our offer as the solution.

Label the:

  • Problem

  • Why it still hasn't been fixed

  • Resulting implications for the customer

This puts our new subscriber in solve mode and queues our offer:

Courtesy | author

Email 2: Amplify the consequences

We're still causing problems.

We've created the problem, but now we must employ emotion and storytelling to make it real. We also want to forecast life if nothing changes.

Let's feel:

  • What occurs if it is not resolved?

  • Why is it crucial to fix it immediately?

  • Tell a tale of a person who was in their position. To emphasize the effects, use a true account of another person (or of yourself):

Courtesy | author

Email 3: Share a transformation story

Selling stories.

Whether in an email, landing page, article, or video. Humanize stories. They give information meaning.

This is where "issue" becomes "solution."

Let's reveal:

  • A tale of success

  • A new existence and result

  • tools and tactics employed

Start by transforming yourself.

Courtesy | author

Email 4: Prove with testimonials

No one buys what you say.

Emotionally stirred people buy and act. They believe in the product. They feel that if they buy, it will work.

Social proof shows prospects that your solution will help them.

Add:

  • Earlier and Later

  • Testimonials

  • Reviews

Proof this deal works:

Courtesy | author

Email 5: Reveal your offer

It's showtime.

This is it. Until now, describing the offer and offering links to a landing page have been sparse in the email pictures.

We've been tense. Gaining steam. Building suspense. Email 5 reveals all.

In this email:

  • a description of the deal

  • A word about a promise

  • recapitulation of the transformation

  • and make a reference to the urgency Everything should be spelled out clearly:

Courtesy | author

Email no. 6: Instill urgency

When there are stakes, humans act.

Creating and marketing with haste raises the stakes. Urgency makes a prospect act because they'll miss out or gain immensely.

Urgency converts. Use:

  • short time

  • Screening

  • Scarcity

Urgency and conversions. Limited-time offers are easy.

Courtesy | author

TL;DR

Use this proven 6-part email sequence (that turns subscribers into profit):

  • Introduce a problem

  • Amplify it with emotions

  • Share transformation story

  • Prove it works with testimonials

  • Value-stack and present your offer

  • Drive urgency and entice the purchase

Deon Ashleigh

Deon Ashleigh

2 years ago

You can dominate your daily productivity with these 9 little-known Google Calendar tips.

Calendars are great unpaid employees.

all images (and sloppy handwriting) by the author

After using Notion to organize my next three months' goals, my days were a mess.

I grew very chaotic afterward. I was overwhelmed, unsure of what to do, and wasting time attempting to plan the day after it had started.

Imagine if our skeletons were on the outside. Doesn’t work.

The goals were too big; I needed to break them into smaller chunks. But how?

Enters Google Calendar

RescueTime’s recommendations took me seven hours to make a daily planner. This epic narrative begins with a sheet of paper and concludes with a daily calendar that helps me focus and achieve more goals. Ain’t nobody got time for “what’s next?” all day.

Onward!

Return to the Paleolithic Era

Plan in writing.

handwritten time blocking. has arrows to indicate energy needed or author’s energy at that time of day

Not on the list, but it helped me plan my day. Physical writing boosts creativity and recall.

Find My Heart

i.e. prioritize

RescueTime suggested I prioritize before planning. Personal and business goals were proposed.

My top priorities are to exercise, eat healthily, spend time in nature, and avoid stress.

Priorities include writing and publishing Medium articles, conducting more freelance editing and Medium outreach, and writing/editing sci-fi books.

These eight things will help me feel accomplished every day.

Make a baby calendar.

Create daily calendar templates.

Make family, pleasure, etc. calendars.

Google Calendar instructions:

  • Other calendars

  • Press the “+” button

  • Create a new calendar

  • Create recurring events for each day

My calendar, without the template:

Empty, so I can fill it with vital tasks.

With the template:

Isn’t it awesome how the other calendars overlay the template? :)

My daily skeleton corresponds with my priorities. I've been overwhelmed for years because I lack daily, weekly, monthly, and yearly structure.

Google Calendars helps me reach my goals and focus my energy.

Get your colored pencils ready

Time-block color-coding.

Color labeling lets me quickly see what's happening. Maybe you are too.

Google Calendar instructions:

  • Determine which colors correspond to each time block.

  • When establishing new events, select a color.

  • Save

My calendar is color-coded as follows:

  • Yellow — passive income or other future-related activities

  • Red — important activities, like my monthly breast exam

  • Flamingo — shallow work, like emails, Twitter, etc.

  • Blue — all my favorite activities, like walking, watching comedy, napping, and sleeping. Oh, and eating.

  • Green — money-related events required for this adulting thing

  • Purple — writing-related stuff

Associating a time block with a color helps me stay focused. Less distractions mean faster work.

Open My Email

aka receive a daily email from Google Calendar.

Google Calendar sends a daily email feed of your calendars. I sent myself the template calendar in this email.

Google Calendar instructions:

  • Access settings

  • Select the calendar that you want to send (left side)

  • Go down the page to see more alerts

  • Under the daily agenda area, click Email.

Get in Touch With Your Red Bull Wings — Naturally

aka audit your energy levels.

My daily planner has arrows. These indicate how much energy each activity requires or how much I have.

Rightward arrow denotes medium energy.

I do my Medium and professional editing in the morning because it's energy-intensive.

Niharikaa Sodhi recommends morning Medium editing.

I’m a morning person. As long as I go to bed at a reasonable time, 5 a.m. is super wild GO-TIME. It’s like the world was just born, and I marvel at its wonderfulness.

Freelance editing lets me do what I want. An afternoon snooze will help me finish on time.

Ditch Schedule View

aka focus on the weekly view.

RescueTime advocated utilizing the weekly view of Google Calendar, so I switched.

When you launch the phone app or desktop calendar, a red line shows where you are in the day.

I'll follow the red line's instructions. My digital supervisor is easy to follow.

In the image above, it's almost 3 p.m., therefore the red line implies it's time to snooze.

I won't forget this block ;).

Reduce the Lighting

aka dim previous days.

This is another Google Calendar feature I didn't know about. Once the allotted time passes, the time block dims. This keeps me present.

Google Calendar instructions:

  • Access settings

  • remaining general

  • To view choices, click.

  • Check Diminish the glare of the past.

Bonus

Two additional RescueTimes hacks:

Maintain a space between tasks

I left 15 minutes between each time block to transition smoothly. This relates to my goal of less stress. If I set strict start and end times, I'll be stressed.

With a buffer, I can breathe, stroll around, and start the following time block fresh.

Find a time is related to the buffer.

This option allows you conclude small meetings five minutes early and longer ones ten. Before the next meeting, relax or go wild.

Decide on a backup day.

This productivity technique is amazing.

Spend this excess day catching up on work. It helps reduce tension and clutter.

That's all I can say about Google Calendar's functionality.

Todd Lewandowski

Todd Lewandowski

3 years ago

DWTS: How to Organize Your To-Do List Quickly

Don't overcomplicate to-do lists. DWTS (Done, Waiting, Top 3, Soon) organizes your to-dos.

Everyone’s got a system.

How Are You Going to Manage Everything?

Modern America is busy. Work involves meetings. Anytime, Slack communications arrive. Many software solutions offer a @-mention notification capability. Emails.

Work obligations continue. At home, there are friends, family, bills, chores, and fun things.

How are you going to keep track of it all? Enter the todo list. It’s been around forever. It’s likely to stay forever in some way, shape, or form.

Everybody has their own system. You probably modified something from middle school. Post-its? Maybe it’s an app? Maybe both, another system, or none.

I suggest a format that has worked for me in 15 years of professional and personal life.

Try it out and see if it works for you. If not, no worries. You do you! Hopefully though you can learn a thing or two, and I from you too.

It is merely a Google Doc, yes.

As an example, here’s my personal todo list. Don’t worry, there’s nothing here I don’t mind sharing.

It's a giant list. One task per line. Indent subtasks on a new line. Add or move new tasks as needed.

I recommend using Google Docs. It's easy to use and flexible for structuring.

Prioritizing these tasks is key. I organize them using DWTS (Done, Waiting, Top 3, Soon). Chronologically is good because it implicitly provides both a priority (high, medium, low) and an ETA (now, soon, later).

Yes, I recognize the similarities to DWTS (Dancing With The Stars) TV Show. Although I'm not a fan, it's entertaining. The acronym is easy to remember and adds fun to something dull.

That feeling when you complete everything on your todo list.

What each section contains

Done

All tasks' endpoint. Finish here. Don't worry about it again.

Waiting

You're blocked and can't continue. Blocked tasks usually need someone. Write Person Task so you know who's waiting.

Blocking tasks shouldn't last long. After a while, remind them kindly. If people don't help you out of kindness, they will if you're persistent.

Top 3

Mental focus areas. These can be short- to mid-term goals or recent accomplishments. 2 to 5 is a good number to stay focused.

Top 3 reminds us to prioritize. If they don't fit your Top 3 goals, delay them.

Every 1:1 at work is a project update. Another chance to list your top 3. You should know your Top 3 well and be able to discuss them confidently.

Soon

Here's your short-term to-do list. Rank them from highest to lowest.

I usually subdivide it with empty lines. First is what I have to do today, then week, then month. Subsections can be arranged however you like.

Inventories by Concept

Tasks that aren’t in your short or medium future go into the backlog. 
Eventually you’ll complete these tasks, assign them to someone else, or mark them as “wont’ do” (like done but in another sense).

Backlog tasks don't need to be organized chronologically because their timing and priority may change. Theme-organize them. When planning/strategic, you can choose themes to focus on, so future top 3 topics.

More Tips on Todos

Decide Upon a Morning Goal

Morning routines are universal. Coffee and Wordle. My to-do list is next. Two things:

  • As needed, update the to-do list: based on the events of yesterday and any fresh priorities.

  • Pick a few jobs to complete today: Pick a few goals that you know you can complete today. Push the remainder below and move them to the top of the Soon section. I typically select a few tasks I am confident I can complete along with one stretch task that might extend into tomorrow.

Finally. By setting and achieving small goals every day, you feel accomplished and make steady progress on medium and long-term goals.

Tech companies call this a daily standup. Everyone shares what they did yesterday, what they're doing today, and any blockers. The name comes from a tradition of holding meetings while standing up to keep them short. Even though it's virtual, everyone still wants a quick meeting.

Your team may or may not need daily standups. Make a daily review a habit with your coffee.

Review Backwards & Forwards on a regular basis

While you're updating your to-do list daily, take time to review it.

Review your Done list. Remember things you're proud of and things that could have gone better. Your Done list can be long. Archive it so your main to-do list isn't overwhelming.

Future-gaze. What you considered important may no longer be. Reorder tasks. Backlog grooming is a workplace term.

Backwards-and-forwards reviews aren't required often. Every 3-6 months is fine. They help you see the forest as often as the trees.

Final Remarks

Keep your list simple. Done, Waiting, Top 3, Soon. These are the necessary sections. If you like, add more subsections; otherwise, keep it simple.

I recommend a morning review. By having clear goals and an action-oriented attitude, you'll be successful.

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Bastian Hasslinger

Bastian Hasslinger

3 years ago

Before 2021, most startups had excessive valuations. It is currently causing issues.

Higher startup valuations are often favorable for all parties. High valuations show a business's potential. New customers and talent are attracted. They earn respect.

Everyone benefits if a company's valuation rises.

Founders and investors have always been incentivized to overestimate a company's value.

Post-money valuations were inflated by 2021 market expectations and the valuation model's mechanisms.

Founders must understand both levers to handle a normalizing market.

2021, the year of miracles

2021 must've seemed miraculous to entrepreneurs, employees, and VCs. Valuations rose, and funding resumed after the first Covid-19 epidemic caution.

In 2021, VC investments increased from $335B to $643B. 518 new worldwide unicorns vs. 134 in 2020; 951 US IPOs vs. 431.

Things can change quickly, as 2020-21 showed.

Rising interest rates, geopolitical developments, and normalizing technology conditions drive down share prices and tech company market caps in 2022. Zoom, the poster-child of early lockdown success, is down 37% since 1st Jan.

Once-inflated valuations can become a problem in a normalizing market, especially for founders, employees, and early investors.

the reason why startups are always overvalued

To see why inflated valuations are a problem, consider one of its causes.

Private company values only fluctuate following a new investment round, unlike publicly-traded corporations. The startup's new value is calculated simply:

(Latest round share price) x (total number of company shares)

This is the industry standard Post-Money Valuation model.

Let’s illustrate how it works with an example. If a VC invests $10M for 1M shares (at $10/share), and the company has 10M shares after the round, its Post-Money Valuation is $100M (10/share x 10M shares).

This approach might seem like the most natural way to assess a business, but the model often unintentionally overstates the underlying value of the company even if the share price paid by the investor is fair. All shares aren't equal.

New investors in a corporation will always try to minimize their downside risk, or the amount they lose if things go wrong. New investors will try to negotiate better terms and pay a premium.

How the value of a struggling SpaceX increased

SpaceX's 2008 Series D is an example. Despite the financial crisis and unsuccessful rocket launches, the company's Post-Money Valuation was 36% higher after the investment round. Why?

Series D SpaceX shares were protected. In case of liquidation, Series D investors were guaranteed a 2x return before other shareholders.

Due to downside protection, investors were willing to pay a higher price for this new share class.

The Post-Money Valuation model overpriced SpaceX because it viewed all the shares as equal (they weren't).

Why entrepreneurs, workers, and early investors stand to lose the most

Post-Money Valuation is an effective and sufficient method for assessing a startup's valuation, despite not taking share class disparities into consideration.

In a robust market, where the firm valuation will certainly expand with the next fundraising round or exit, the inflated value is of little significance.

Fairness endures. If a corporation leaves at a greater valuation, each stakeholder will receive a proportional distribution. (i.e., 5% of a $100M corporation yields $5M).

SpaceX's inherent overvaluation was never a problem. Had it been sold for less than its Post-Money Valuation, some shareholders, including founders, staff, and early investors, would have seen their ownership drop.

The unforgiving world of 2022

In 2022, founders, employees, and investors who benefited from inflated values will face below-valuation exits and down-rounds.

For them, 2021 will be a curse, not a blessing.

Some tech giants are worried. Klarna's valuation fell from $45B (Oct 21) to $30B (Jun 22), Canvas from $40B to $27B, and GoPuffs from $17B to $8.3B.

Shazam and Blue Apron have to exit or IPO at a cheaper price. Premium share classes are protected, while others receive less. The same goes for bankrupts.

Those who continue at lower valuations will lose reputation and talent. When their value declines by half, generous employee stock options become less enticing, and their ability to return anything is questioned.

What can we infer about the present situation?

Such techniques to enhance your company's value or stop a normalizing market are fiction.

The current situation is a painful reminder for entrepreneurs and a crucial lesson for future firms.

The devastating market fall of the previous six months has taught us one thing:

  1. Keep in mind that any valuation is speculative. Money Post A startup's valuation is a highly simplified approximation of its true value, particularly in the early phases when it lacks significant income or a cutting-edge product. It is merely a projection of the future and a hypothetical meter. Until it is achieved by an exit, a valuation is nothing more than a number on paper.

  2. Assume the value of your company is lower than it was in the past. Your previous valuation might not be accurate now due to substantial changes in the startup financing markets. There is little reason to think that your company's value will remain the same given the 50%+ decline in many newly listed IT companies. Recognize how the market situation is changing and use caution.

  3. Recognize the importance of the stake you hold. Each share class has a unique value that varies. Know the sort of share class you own and how additional contractual provisions affect the market value of your security. Frameworks have been provided by Metrick and Yasuda (Yale & UC) and Gornall and Strebulaev (Stanford) for comprehending the terms that affect investors' cash-flow rights upon withdrawal. As a result, you will be able to more accurately evaluate your firm and determine the worth of each share class.

  4. Be wary of approving excessively protective share terms.
    The trade-offs should be considered while negotiating subsequent rounds. Accepting punitive contractual terms could first seem like a smart option in order to uphold your inflated worth, but you should proceed with caution. Such provisions ALWAYS result in misaligned shareholders, with common shareholders (such as you and your staff) at the bottom of the list.

Jennifer Tieu

Jennifer Tieu

3 years ago

Why I Love Azuki


Azuki Banner (www.azuki.com)

Disclaimer: This is my personal viewpoint. I'm not on the Azuki team. Please keep in mind that I am merely a fan, community member, and holder. Please do your own research and pardon my grammar. Thanks!

Azuki has changed my view of NFTs.

When I first entered the NFT world, I had no idea what to expect. I liked the idea. So I invested in some projects, fought for whitelists, and discovered some cool NFTs projects (shout-out to CATC). I lost more money than I earned at one point, but I hadn't invested excessively (only put in what you can afford to lose). Despite my losses, I kept looking. I almost waited for the “ah-ha” moment. A NFT project that changed my perspective on NFTs. What makes an NFT project more than a work of art?

Answer: Azuki.

The Art

The Azuki art drew me in as an anime fan. It looked like something out of an anime, and I'd never seen it before in NFT.
The project was still new. The first two animated teasers were released with little fanfare, but I was impressed with their quality. You can find them on Instagram or in their earlier Tweets.

The teasers hinted that this project could be big and that the team could deliver. It was amazing to see Shao cut the Azuki posters with her katana. Especially at the end when she sheaths her sword and the music cues. Then the live action video of the young boy arranging the Azuki posters seemed movie-like. I felt like I was entering the Azuki story, brand, and dope theme.

The team did not disappoint with the Azuki NFTs. The level of detail in the art is stunning. There were Azukis of all genders, skin and hair types, and more. These 10,000 Azukis have so much representation that almost anyone can find something that resonates. Rather than me rambling on, I suggest you visit the Azuki gallery

The Team

If the art is meant to draw you in and be the project's face, the team makes it more. The NFT would be a JPEG without a good team leader. Not that community isn't important, but no community would rally around a bad team.

Because I've been rugged before, I'm very focused on the team when considering a project. While many project teams are anonymous, I try to find ones that are doxxed (public) or at least appear to be established. Unlike Azuki, where most of the Azuki team is anonymous, Steamboy is public. He is (or was) Overwatch's character art director and co-creator of Azuki. I felt reassured and could trust the project after seeing someone from a major game series on the team.

Then I tried to learn as much as I could about the team. Following everyone on Twitter, reading their tweets, and listening to recorded AMAs. I was impressed by the team's professionalism and dedication to their vision for Azuki, led by ZZZAGABOND.
I believe the phrase “actions speak louder than words” applies to Azuki. I can think of a few examples of what the Azuki team has done, but my favorite is ERC721A.

With ERC721A, Azuki has created a new algorithm that allows minting multiple NFTs for essentially the same cost as minting one NFT.

I was ecstatic when the dev team announced it. This fascinates me as a self-taught developer. Azuki released a product that saves people money, improves the NFT space, and is open source. It showed their love for Azuki and the NFT community.

The Community

Community, community, community. It's almost a chant in the NFT space now. A community, like a team, can make or break a project. We are the project's consumers, shareholders, core, and lifeblood. The team builds the house, and we fill it. We stay for the community.
When I first entered the Azuki Discord, I was surprised by the calm atmosphere. There was no news about the project. No release date, no whitelisting requirements. No grinding or spamming either. People just wanted to hangout, get to know each other, and talk. It was nice. So the team could pick genuine people for their mintlist (aka whitelist).
But nothing fundamental has changed since the release. It has remained an authentic, fun, and helpful community. I'm constantly logging into Discord to chat with others or follow conversations. I see the community's openness to newcomers. Everyone respects each other (barring a few bad apples) and the variety of people passing through is fascinating. This human connection and interaction is what I enjoy about this place. Being a part of a group that supports a cause.
Finally, I want to thank the amazing Azuki mod team and the kissaten channel for their contributions.

The Brand

So, what sets Azuki apart from other projects? They are shaping a brand or identity. The Azuki website, I believe, best captures their vision. (This is me gushing over the site.)

If you go to the website, turn on the dope playlist in the bottom left. The playlist features a mix of Asian and non-Asian hip-hop and rap artists, with some lo-fi thrown in. The songs on the playlist change, but I think you get the vibe Azuki embodies just by turning on the music.
The Garden is our next stop where we are introduced to Azuki.

A brand.

We're creating a new brand together.
A metaverse brand. By the people.
A collection of 10,000 avatars that grant Garden membership. It starts with exclusive streetwear collabs, NFT drops, live events, and more. Azuki allows for a new media genre that the world has yet to discover. Let's build together an Azuki, your metaverse identity.
The Garden is a magical internet corner where art, community, and culture collide. The boundaries between the physical and digital worlds are blurring.
Try a Red Bean.

The text begins with Azuki's intention in the space. It's a community-made metaverse brand. Then it goes into more detail about Azuki's plans. Initiation of a story or journey. "Would you like to take the red bean and jump down the rabbit hole with us?" I love the Matrix red pill or blue pill play they used. (Azuki in Japanese means red bean.)

Morpheus, the rebel leader, offers Neo the choice of a red or blue pill in The Matrix. “You take the blue pill... After the story, you go back to bed and believe whatever you want. Your red pill... Let me show you how deep the rabbit hole goes.” Aware that the red pill will free him from the enslaving control of the machine-generated dream world and allow him to escape into the real world, he takes it. However, living the “truth of reality” is harsher and more difficult.

It's intriguing and draws you in. Taking the red bean causes what? Where am I going? I think they did well in piqueing a newcomer's interest.
Not convinced by the Garden? Read the Manifesto. It reinforces Azuki's role.

Here comes a new wave…
And surfing here is different.
Breaking down barriers.
Building open communities.
Creating magic internet money with our friends.
To those who don’t get it, we tell them: gm.
They’ll come around eventually.
Here’s to the ones with the courage to jump down a peculiar rabbit hole.
One that pulls you away from a world that’s created by many and owned by few…
To a world that’s created by more and owned by all.
From The Garden come the human beans that sprout into your family.
We rise together.
We build together.
We grow together.
Ready to take the red bean?

Not to mention the Mindmap, it sets Azuki apart from other projects and overused Roadmaps. I like how the team recognizes that the NFT space is not linear. So many of us are still trying to figure it out. It is Azuki's vision to adapt to changing environments while maintaining their values. I admire their commitment to long-term growth.

Conclusion

To be honest, I have no idea what the future holds. Azuki is still new and could fail. But I'm a long-term Azuki fan. I don't care about quick gains. The future looks bright for Azuki. I believe in the team's output. I love being an Azuki.
Thank you! IKUZO!

Full post here

Nathan Reiff

Nathan Reiff

3 years ago

Howey Test and Cryptocurrencies: 'Every ICO Is a Security'

What Is the Howey Test?

To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts." 

The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.

Understanding the Howey Test

The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land. 

The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.

This established four criteria for determining an investment contract. Investing contract:

  1. An investment of money
  2. n a common enterprise
  3. With the expectation of profit
  4. To be derived from the efforts of others

In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.

Howey Test and Cryptocurrencies

Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.

The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test. 

Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."

For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.

These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."

Special Considerations

If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register. 

In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry. 

Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities. 

SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'

Howey Test FAQs

How Do You Determine If Something Is a Security?

The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.

The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.

Why Is Bitcoin Not a Security?

Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.

Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities. 

A Security Defined by the SEC

In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.

The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:

  • An investment contract's existence
  • The formation of a common enterprise
  • The issuer's profit promise
  • Third-party promotion of the offering

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