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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:
- An investment of money
- n a common enterprise
- With the expectation of profit
- 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
Read original post.
More on Web3 & Crypto
Sam Hickmann
3 years ago
A quick guide to formatting your text on INTΞGRITY
[06/20/2022 update] We have now implemented a powerful text editor, but you can still use markdown.
Markdown:
Headers
SYNTAX:
# This is a heading 1
## This is a heading 2
### This is a heading 3
#### This is a heading 4
RESULT:
This is a heading 1
This is a heading 2
This is a heading 3
This is a heading 4
Emphasis
SYNTAX:
**This text will be bold**
~~Strikethrough~~
*You **can** combine them*
RESULT:
This text will be italic
This text will be bold
You can combine them
Images
SYNTAX:
RESULT:
Videos
SYNTAX:
https://www.youtube.com/watch?v=7KXGZAEWzn0
RESULT:
Links
SYNTAX:
[Int3grity website](https://www.int3grity.com)
RESULT:
Tweets
SYNTAX:
https://twitter.com/samhickmann/status/1503800505864130561
RESULT:
Blockquotes
SYNTAX:
> Human beings face ever more complex and urgent problems, and their effectiveness in dealing with these problems is a matter that is critical to the stability and continued progress of society. \- Doug Engelbart, 1961
RESULT:
Human beings face ever more complex and urgent problems, and their effectiveness in dealing with these problems is a matter that is critical to the stability and continued progress of society. - Doug Engelbart, 1961
Inline code
SYNTAX:
Text inside `backticks` on a line will be formatted like code.
RESULT:
Text inside backticks on a line will be formatted like code.
Code blocks
SYNTAX:
'''js
function fancyAlert(arg) {
if(arg) {
$.facebox({div:'#foo'})
}
}
'''
RESULT:
function fancyAlert(arg) {
if(arg) {
$.facebox({div:'#foo'})
}
}
Maths
We support LaTex to typeset math. We recommend reading the full documentation on the official website
SYNTAX:
$$[x^n+y^n=z^n]$$
RESULT:
[x^n+y^n=z^n]
Tables
SYNTAX:
| header a | header b |
| ---- | ---- |
| row 1 col 1 | row 1 col 2 |
RESULT:
| header a | header b | header c |
|---|---|---|
| row 1 col 1 | row 1 col 2 | row 1 col 3 |
Sam Bourgi
3 years ago
NFT was used to serve a restraining order on an anonymous hacker.
The international law firm Holland & Knight used an NFT built and airdropped by its asset recovery team to serve a defendant in a hacking case.
The law firms Holland & Knight and Bluestone used a nonfungible token to serve a defendant in a hacking case with a temporary restraining order, marking the first documented legal process assisted by an NFT.
The so-called "service token" or "service NFT" was served to an unknown defendant in a hacking case involving LCX, a cryptocurrency exchange based in Liechtenstein that was hacked for over $8 million in January. The attack compromised the platform's hot wallets, resulting in the loss of Ether (ETH), USD Coin (USDC), and other cryptocurrencies, according to Cointelegraph at the time.
On June 7, LCX claimed that around 60% of the stolen cash had been frozen, with investigations ongoing in Liechtenstein, Ireland, Spain, and the United States. Based on a court judgment from the New York Supreme Court, Centre Consortium, a company created by USDC issuer Circle and crypto exchange Coinbase, has frozen around $1.3 million in USDC.
The monies were laundered through Tornado Cash, according to LCX, but were later tracked using "algorithmic forensic analysis." The organization was also able to identify wallets linked to the hacker as a result of the investigation.
In light of these findings, the law firms representing LCX, Holland & Knight and Bluestone, served the unnamed defendant with a temporary restraining order issued on-chain using an NFT. According to LCX, this system "was allowed by the New York Supreme Court and is an example of how innovation can bring legitimacy and transparency to a market that some say is ungovernable."
Crypto Zen Monk
2 years ago
How to DYOR in the world of cryptocurrency
RESEARCH
We must create separate ideas and handle our own risks to be better investors. DYOR is crucial.
The only thing unsustainable is your cluelessness.
DYOR: Why
On social media, there is a lot of false information and divergent viewpoints. All of these facts might be accurate, but they might not be appropriate for your portfolio and investment preferences.
You become a more knowledgeable investor thanks to DYOR.
DYOR improves your portfolio's risk management.
My DYOR resources are below.
Messari: Major Blockchains' Activities
New York-based Messari provides cryptocurrency open data libraries.
Major blockchains offer 24-hour on-chain volume. https://messari.io/screener/most-active-chains-DB01F96B
What to do
Invest in stable cryptocurrencies. Sort Messari by Real Volume (24H) or Reported Market Cap.
Coingecko: Research on Ecosystems
Top 10 Ecosystems by Coingecko are good.
What to do
Invest in quality.
Leading ten Ecosystems by Market Cap
There are a lot of coins in the ecosystem (second last column of above chart)
CoinGecko's Market Cap Crypto Categories Market capitalization-based cryptocurrency categories. Ethereum Ecosystem www.coingecko.com
Fear & Greed Index for Bitcoin (FGI)
The Bitcoin market sentiment index ranges from 0 (extreme dread) to 100. (extreme greed).
How to Apply
See market sentiment:
Extreme fright = opportunity to buy
Extreme greed creates sales opportunity (market due for correction).
Glassnode
Glassnode gives facts, information, and confidence to make better Bitcoin, Ethereum, and cryptocurrency investments and trades.
Explore free and paid metrics.
Stock to Flow Ratio: Application
The popular Stock to Flow Ratio concept believes scarcity drives value. Stock to flow is the ratio of circulating Bitcoin supply to fresh production (i.e. newly mined bitcoins). The S/F Ratio has historically predicted Bitcoin prices. PlanB invented this metric.
Utilization: Ethereum Hash Rate
Ethereum miners produce an estimated number of hashes per second.
ycharts: Hash rate of the Bitcoin network
TradingView
TradingView is your go-to tool for investment analysis, watch lists, technical analysis, and recommendations from other traders/investors.
Research for a cryptocurrency project
Two key questions every successful project must ask: Q1: What is this project trying to solve? Is it a big problem or minor? Q2: How does this project make money?
Each cryptocurrency:
Check out the white paper.
check out the project's internet presence on github, twitter, and medium.
the transparency of it
Verify the team structure and founders. Verify their LinkedIn profile, academic history, and other qualifications. Search for their names with scam.
Where to purchase and use cryptocurrencies Is it traded on trustworthy exchanges?
From CoinGecko and CoinMarketCap, we may learn about market cap, circulations, and other important data.
The project must solve a problem. Solving a problem is the goal of the founders.
Avoid projects that resemble multi-level marketing or ponzi schemes.
Your use of social media
Use social media carefully or ignore it: Twitter, TradingView, and YouTube
Someone said this before and there are some truth to it. Social media bullish => short.
Your Behavior
Investigate. Spend time. You decide. Worth it!
Only you have the best interest in your financial future.
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Sanjay Priyadarshi
3 years ago
A 19-year-old dropped out of college to build a $2,300,000,000 company in 2 years.
His success was unforeseeable.
2014 saw Facebook's $2.3 billion purchase of Oculus VR.
19-year-old Palmer Luckey founded Oculus. He quit journalism school. His parents worried about his college dropout.
Facebook bought Oculus VR in less than 2 years.
Palmer Luckey started Anduril Industries. Palmer has raised $385 million with Anduril.
The Oculus journey began in a trailer
Palmer Luckey, 19, owned the trailer.
Luckey had his trailer customized. The trailer had all six of Luckey's screens. In the trailer's remaining area, Luckey conducted hardware tests.
At 16, he became obsessed with virtual reality. Virtual reality was rare at the time.
Luckey didn't know about VR when he started.
Previously, he liked "portabilizing" mods. Hacking ancient game consoles into handhelds.
In his city, fewer portabilizers actively traded.
Luckey started "ModRetro" for other portabilizers. Luckey was exposed to VR headsets online.
Luckey:
“Man, ModRetro days were the best.”
Palmer Luckey used VR headsets for three years. His design had 50 prototypes.
Luckey used to work at the Long Beach Sailing Center for minimum salary, servicing diesel engines and cleaning boats.
Luckey worked in a USC Institute for Creative Technologies mixed reality lab in July 2011. (ICT).
Luckey cleaned the lab, did reports, and helped other students with VR projects.
Luckey's lab job was dull.
Luckey chose to work in the lab because he wanted to engage with like-minded folks.
By 2012, Luckey had a prototype he hoped to share globally. He made cheaper headsets than others.
Luckey wanted to sell an easy-to-assemble virtual reality kit on Kickstarter.
He realized he needed a corporation to do these sales legally. He started looking for names. "Virtuality," "virtual," and "VR" are all taken.
Hence, Oculus.
If Luckey sold a hundred prototypes, he would be thrilled since it would boost his future possibilities.
John Carmack, legendary game designer
Carmack has liked sci-fi and fantasy since infancy.
Carmack loved imagining intricate gaming worlds.
His interest in programming and computer science grew with age.
He liked graphics. He liked how mismatching 0 and 1 might create new colors and visuals.
Carmack played computer games as a teen. He created Shadowforge in high school.
He founded Id software in 1991. When Carmack created id software, console games were the best-sellers.
Old computer games have weak graphics. John Carmack and id software developed "adaptive tile refresh."
This technique smoothed PC game scrolling. id software launched 3-D, Quake, and Doom using "adaptive tile refresh."
These games made John Carmack a gaming star. Later, he sold Id software to ZeniMax Media.
How Palmer Luckey met Carmack
In 2011, Carmack was thinking a lot about 3-D space and virtual reality.
He was underwhelmed by the greatest HMD on the market. Because of their flimsiness and latency.
His disappointment was partly due to the view (FOV). Best HMD had 40-degree field of view.
Poor. The best VR headset is useless with a 40-degree FOV.
Carmack intended to show the press Doom 3 in VR. He explored VR headsets and internet groups for this reason.
Carmack identified a VR enthusiast in the comments section of "LEEP on the Cheap." "PalmerTech" was the name.
Carmack approached PalmerTech about his prototype. He told Luckey about his VR demos, so he wanted to see his prototype.
Carmack got a Rift prototype. Here's his May 17 tweet.
John Carmack tweeted an evaluation of the Luckey prototype.
Dan Newell, a Valve engineer, and Mick Hocking, a Sony senior director, pre-ordered Oculus Rift prototypes with Carmack's help.
Everyone praised Luckey after Carmack demoed Rift.
Palmer Luckey received a job offer from Sony.
It was a full-time position at Sony Computer Europe.
He would run Sony’s R&D lab.
The salary would be $70k.
Who is Brendan Iribe?
Brendan Iribe started early with Startups. In 2004, he and Mike Antonov founded Scaleform.
Scaleform created high-performance middleware. This package allows 3D Flash games.
In 2011, Iribe sold Scaleform to Autodesk for $36 million.
How Brendan Iribe discovered Palmer Luckey.
Brendan Iribe's friend Laurent Scallie.
Laurent told Iribe about a potential opportunity.
Laurent promised Iribe VR will work this time. Laurent introduced Iribe to Luckey.
Iribe was doubtful after hearing Laurent's statements. He doubted Laurent's VR claims.
But since Laurent took the name John Carmack, Iribe thought he should look at Luckey Innovation. Iribe was hooked on virtual reality after reading Palmer Luckey stories.
He asked Scallie about Palmer Luckey.
Iribe convinced Luckey to start Oculus with him
First meeting between Palmer Luckey and Iribe.
The Iribe team wanted Luckey to feel comfortable.
Iribe sought to convince Luckey that launching a company was easy. Iribe told Luckey anyone could start a business.
Luckey told Iribe's staff he was homeschooled from childhood. Luckey took self-study courses.
Luckey had planned to launch a Kickstarter campaign and sell kits for his prototype. Many companies offered him jobs, nevertheless.
He's considering Sony's offer.
Iribe advised Luckey to stay independent and not join a firm. Iribe asked Luckey how he could raise his child better. No one sees your baby like you do?
Iribe's team pushed Luckey to stay independent and establish a software ecosystem around his device.
After conversing with Iribe, Luckey rejected every job offer and merger option.
Iribe convinced Luckey to provide an SDK for Oculus developers.
After a few months. Brendan Iribe co-founded Oculus with Palmer Luckey. Luckey trusted Iribe and his crew, so he started a corporation with him.
Crowdfunding
Brendan Iribe and Palmer Luckey launched a Kickstarter.
Gabe Newell endorsed Palmer's Kickstarter video.
Gabe Newell wants folks to trust Palmer Luckey since he's doing something fascinating and answering tough questions.
Mark Bolas and David Helgason backed Palmer Luckey's VR Kickstarter video.
Luckey introduced Oculus Rift during the Kickstarter campaign. He introduced virtual reality during press conferences.
Oculus' Kickstarter effort was a success. Palmer Luckey felt he could raise $250,000.
Oculus raised $2.4 million through Kickstarter. Palmer Luckey's virtual reality vision was well-received.
Mark Zuckerberg's Oculus discovery
Brendan Iribe and Palmer Luckey hired the right personnel after a successful Kickstarter campaign.
Oculus needs a lot of money for engineers and hardware. They needed investors' money.
Series A raised $16M.
Next, Andreessen Horowitz partner Brain Cho approached Iribe.
Cho told Iribe that Andreessen Horowitz could invest in Oculus Series B if the company solved motion sickness.
Mark Andreessen was Iribe's dream client.
Marc Andreessen and his partners gave Oculus $75 million.
Andreessen introduced Iribe to Zukerberg. Iribe and Zukerberg discussed the future of games and virtual reality by phone.
Facebook's Oculus demo
Iribe showed Zuckerberg Oculus.
Mark was hooked after using Oculus. The headset impressed him.
The whole Facebook crew who saw the demo said only one thing.
“Holy Crap!”
This surprised them all.
Mark Zuckerberg was impressed by the team's response. Mark Zuckerberg met the Oculus team five days after the demo.
First meeting Palmer Luckey.
Palmer Luckey is one of Mark's biggest supporters and loves Facebook.
Oculus Acquisition
Zuckerberg wanted Oculus.
Brendan Iribe had requested for $4 billion, but Mark wasn't interested.
Facebook bought Oculus for $2.3 billion after months of drama.
After selling his company, how does Palmer view money?
Palmer loves the freedom money gives him. Money frees him from small worries.
Money has allowed him to pursue things he wouldn't have otherwise.
“If I didn’t have money I wouldn’t have a collection of vintage military vehicles…You can have nice hobbies that keep you relaxed when you have money.”
He didn't start Oculus to generate money. His virtual reality passion spanned years.
He didn't have to lie about how virtual reality will transform everything until he needed funding.
The company's success was an unexpected bonus. He was merely passionate about a good cause.
After Oculus' $2.3 billion exit, what changed?
Palmer didn't mind being rich. He did similar things.
After Facebook bought Oculus, he moved to Silicon Valley and lived in a 12-person shared house due to high rents.
Palmer might have afforded a big mansion, but he prefers stability and doing things because he wants to, not because he has to.
“Taco Bell is never tasted so good as when you know you could afford to never eat taco bell again.”
Palmer's leadership shifted.
Palmer changed his leadership after selling Oculus.
When he launched his second company, he couldn't work on his passions.
“When you start a tech company you do it because you want to work on a technology, that is why you are interested in that space in the first place. As the company has grown, he has realized that if he is still doing optical design in the company it’s because he is being negligent about the hiring process.”
Once his startup grows, the founder's responsibilities shift. He must recruit better firm managers.
Recruiting talented people becomes the top priority. The founder must convince others of their influence.
A book that helped me write this:
The History of the Future: Oculus, Facebook, and the Revolution That Swept Virtual Reality — Blake Harris
*This post is a summary. Read the full article here.
Tim Denning
3 years ago
Bills are paid by your 9 to 5. 6 through 12 help you build money.
40 years pass. After 14 years of retirement, you die. Am I the only one who sees the problem?
I’m the Jedi master of escaping the rat race.
Not to impress. I know this works since I've tried it. Quitting a job to make money online is worse than Kim Kardashian's internet-burning advice.
Let me help you rethink the move from a career to online income to f*ck you money.
To understand why a job is a joke, do some life math.
Without a solid why, nothing makes sense.
The retirement age is 65. Our processed food consumption could shorten our 79-year average lifespan.
You spend 40 years working.
After 14 years of retirement, you die.
Am I alone in seeing the problem?
Life is too short to work a job forever, especially since most people hate theirs. After-hours skills are vital.
Money equals unrestricted power, f*ck you.
F*ck you money is the answer.
Jack Raines said it first. He says we can do anything with the money. Jack, a young rebel straight out of college, can travel and try new foods.
F*ck you money signifies not checking your bank account before buying.
F*ck you” money is pure, unadulterated freedom with no strings attached.
Jack claims you're rich when you rarely think about money.
Avoid confusion.
This doesn't imply you can buy a Lamborghini. It indicates your costs, income, lifestyle, and bank account are balanced.
Jack established an online portfolio while working for UPS in Atlanta, Georgia. So he gained boundless power.
The portion that many erroneously believe
Yes, you need internet abilities to make money, but they're not different from 9-5 talents.
Sahil Lavingia, Gumroad's creator, explains.
A job is a way to get paid to learn.
Mistreat your boss 9-5. Drain his skills. Defuse him. Love and leave him (eventually).
Find another employment if yours is hazardous. Pick an easy job. Make sure nothing sneaks into your 6-12 time slot.
The dumb game that makes you a sheep
A 9-5 job requires many job interviews throughout life.
You email your résumé to employers and apply for jobs through advertisements. This game makes you a sheep.
You're competing globally. Work-from-home makes the competition tougher. If you're not the cheapest, employers won't hire you.
After-hours online talents (say, 6 pm-12 pm) change the game. This graphic explains it better:
Online talents boost after-hours opportunities.
You go from wanting to be picked to picking yourself. More chances equal more money. Your f*ck you fund gets the extra cash.
A novel method of learning is essential.
College costs six figures and takes a lifetime to repay.
Informal learning is distinct. 6-12pm:
Observe the carefully controlled Twitter newsfeed.
Make use of Teachable and Gumroad's online courses.
Watch instructional YouTube videos
Look through the top Substack newsletters.
Informal learning is more effective because it's not obvious. It's fun to follow your curiosity and hobbies.
The majority of people lack one attitude. It's simple to learn.
One big impediment stands in the way of f*ck you money and time independence. So often.
Too many people plan after 6-12 hours. Dreaming. Big-thinkers. Strategically. They fill their calendar with meetings.
This is after-hours masturb*tion.
Sahil Bloom reminded me that a bias towards action will determine if this approach works for you.
The key isn't knowing what to do from 6-12 a.m. Trust yourself and develop abilities as you go. It's for building the parachute after you jump.
Sounds risky. We've eliminated the risk by finishing this process after hours while you work 9-5.
With no risk, you can have an I-don't-care attitude and still be successful.
When you choose to move forward, this occurs.
Once you try 9-5/6-12, you'll tell someone.
It's bad.
Few of us hang out with problem-solvers.
It's how much of society operates. So they make reasons so they can feel better about not giving you money.
Matthew Kobach told me chasing f*ck you money is easier with like-minded folks.
Without f*ck you money friends, loneliness will take over and you'll think you've messed up when you just need to keep going.
Steal this easy guideline
Let's act. No more fluffing and caressing.
1. Learn
If you detest your 9-5 talents or don't think they'll work online, get new ones. If you're skilled enough, continue.
Easlo recommends these skills:
Designer for Figma
Designer Canva
bubble creators
editor in Photoshop
Automation consultant for Zapier
Designer of Webflow
video editor Adobe
Ghostwriter for Twitter
Idea consultant
Artist in Blender Studio
2. Develop the ability
Every night from 6-12, apply the skill.
Practicing ghostwriting? Write someone's tweets for free. Do someone's website copy to learn copywriting. Get a website to the top of Google for a keyword to understand SEO.
Free practice is crucial. Your 9-5 pays the money, so work for free.
3. Take off stealthily like a badass
Another mistake. Sell to few. Don't be the best. Don't claim expertise.
Sell your new expertise to others behind you.
Two ways:
Using a digital good
By providing a service,
Point 1 also includes digital service examples. Digital products include eBooks, communities, courses, ad-supported podcasts, and templates. It's easy. Your 9-5 job involves one of these.
Take ideas from work.
Why? They'll steal your time for profit.
4. Iterate while feeling awful
First-time launches always fail. You'll feel terrible. Okay. Remember your 9-5?
Find improvements. Ask free and paying consumers what worked.
Multiple relaunches, each 1% better.
5. Discover more
Never stop learning. Improve your skill. Add a relevant skill. Learn copywriting if you write online.
After-hours students earn the most.
6. Continue
Repetition is key.
7. Make this one small change.
Consistently. The 6-12 momentum won't make you rich in 30 days; that's success p*rn.
Consistency helps wage slaves become f*ck you money. Most people can't switch between the two.
Putting everything together
It's easy. You're probably already doing some.
This formula explains why, how, and what to do. It's a 5th-grade-friendly blueprint. Good.
Reduce financial risk with your 9-to-5. Replace Netflix with 6-12 money-making talents.
Life is short; do whatever you want. Today.
Wayne Duggan
3 years ago
What An Inverted Yield Curve Means For Investors
The yield spread between 10-year and 2-year US Treasury bonds has fallen below 0.2 percent, its lowest level since March 2020. A flattening or negative yield curve can be a bad sign for the economy.
What Is An Inverted Yield Curve?
In the yield curve, bonds of equal credit quality but different maturities are plotted. The most commonly used yield curve for US investors is a plot of 2-year and 10-year Treasury yields, which have yet to invert.
A typical yield curve has higher interest rates for future maturities. In a flat yield curve, short-term and long-term yields are similar. Inverted yield curves occur when short-term yields exceed long-term yields. Inversions of yield curves have historically occurred during recessions.
Inverted yield curves have preceded each of the past eight US recessions. The good news is they're far leading indicators, meaning a recession is likely not imminent.
Every US recession since 1955 has occurred between six and 24 months after an inversion of the two-year and 10-year Treasury yield curves, according to the San Francisco Fed. So, six months before COVID-19, the yield curve inverted in August 2019.
Looking Ahead
The spread between two-year and 10-year Treasury yields was 0.18 percent on Tuesday, the smallest since before the last US recession. If the graph above continues, a two-year/10-year yield curve inversion could occur within the next few months.
According to Bank of America analyst Stephen Suttmeier, the S&P 500 typically peaks six to seven months after the 2s-10s yield curve inverts, and the US economy enters recession six to seven months later.
Investors appear unconcerned about the flattening yield curve. This is in contrast to the iShares 20+ Year Treasury Bond ETF TLT +2.19% which was down 1% on Tuesday.
Inversion of the yield curve and rising interest rates have historically harmed stocks. Recessions in the US have historically coincided with or followed the end of a Federal Reserve rate hike cycle, not the start.