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Sad NoCoiner

Sad NoCoiner

3 years ago

Two Key Money Principles You Should Understand But Were Never Taught

More on Personal Growth

Jari Roomer

Jari Roomer

3 years ago

10 Alternatives to Smartphone Scrolling

"Don't let technology control you; manage your phone."

"Don't become a slave to technology," said Richard Branson. "Manage your phone, don't let it manage you."

Unfortunately, most people are addicted to smartphones.


Worrying smartphone statistics:

  • 46% of smartphone users spend 5–6 hours daily on their device.

  • The average adult spends 3 hours 54 minutes per day on mobile devices.

  • We check our phones 150–344 times per day (every 4 minutes).

  • During the pandemic, children's daily smartphone use doubled.

Having a list of productive, healthy, and fulfilling replacement activities is an effective way to reduce smartphone use.

The more you practice these smartphone replacements, the less time you'll waste.

Skills Development

Most people say they 'don't have time' to learn new skills or read more. Lazy justification. The issue isn't time, but time management. Distractions and low-quality entertainment waste hours every day.

The majority of time is spent in low-quality ways, according to Richard Koch, author of The 80/20 Principle.

What if you swapped daily phone scrolling for skill-building?

There are dozens of skills to learn, from high-value skills to make more money to new languages and party tricks.

Learning a new skill will last for years, if not a lifetime, compared to scrolling through your phone.

Watch Docs

Love documentaries. It's educational and relaxing. A good documentary helps you understand the world, broadens your mind, and inspires you to change.

Recent documentaries I liked include:

  • 14 Peaks: Nothing Is Impossible

  • The Social Dilemma

  • Jim & Andy: The Great Beyond

  • Fantastic Fungi

Make money online

If you've ever complained about not earning enough money, put away your phone and get to work.

Instead of passively consuming mobile content, start creating it. Create something worthwhile. Freelance.

Internet makes starting a business or earning extra money easier than ever.

(Grand)parents didn't have this. Someone made them work 40+ hours. Few alternatives existed.

Today, all you need is internet and a monetizable skill. Use the internet instead of letting it distract you. Profit from it.

Bookworm

Jack Canfield, author of Chicken Soup For The Soul, said, "Everyone spends 2–3 hours a day watching TV." If you read that much, you'll be in the top 1% of your field."

Few people have more than two hours per day to read.

If you read 15 pages daily, you'd finish 27 books a year (as the average non-fiction book is about 200 pages).

Jack Canfield's quote remains relevant even though 15 pages can be read in 20–30 minutes per day. Most spend this time watching TV or on their phones.

What if you swapped 20 minutes of mindless scrolling for reading? You'd gain knowledge and skills.

Favorite books include:

  • The 7 Habits of Highly Effective People — Stephen R. Covey

  • The War of Art — Steven Pressfield

  • The Psychology of Money — Morgan Housel

  • A New Earth — Eckart Tolle

Get Organized

All that screen time could've been spent organizing. It could have been used to clean, cook, or plan your week.

If you're always 'behind,' spend 15 minutes less on your phone to get organized.

"Give me six hours to chop down a tree, and I'll spend the first four sharpening the ax," said Abraham Lincoln. Getting organized is like sharpening an ax, making each day more efficient.

Creativity

Why not be creative instead of consuming others'? Do something creative, like:

  • Painting

  • Musically

  • Photography\sWriting

  • Do-it-yourself

  • Construction/repair

Creative projects boost happiness, cognitive functioning, and reduce stress and anxiety. Creative pursuits induce a flow state, a powerful mental state.

This contrasts with smartphones' effects. Heavy smartphone use correlates with stress, depression, and anxiety.

Hike

People spend 90% of their time indoors, according to research. This generation is the 'Indoor Generation'

We lack an active lifestyle, fresh air, and vitamin D3 due to our indoor lifestyle (generated through direct sunlight exposure). Mental and physical health issues result.

Put away your phone and get outside. Go on nature walks. Explore your city on foot (or by bike, as we do in Amsterdam) if you live in a city. Move around! Outdoors!

You can't spend your whole life staring at screens.

Podcasting

Okay, a smartphone is needed to listen to podcasts. When you use your phone to get smarter, you're more productive than 95% of people.

Favorite podcasts:

  • The Pomp Podcast (about cryptocurrencies)

  • The Joe Rogan Experience

  • Kwik Brain (by Jim Kwik)

Podcasts can be enjoyed while walking, cleaning, or doing laundry. Win-win.

Journalize

I find journaling helpful for mental clarity. Writing helps organize thoughts.

Instead of reading internet opinions, comments, and discussions, look inward. Instead of Twitter or TikTok, look inward.

It never ceases to amaze me: we all love ourselves more than other people, but care more about their opinion than our own.” — Marcus Aurelius


Give your mind free reign with pen and paper. It will highlight important thoughts, emotions, or ideas.

Never write for another person. You want unfiltered writing. So you get the best ideas.

Find your best hobbies

List your best hobbies. I guarantee 95% of people won't list smartphone scrolling.

It's often low-quality entertainment. The dopamine spike is short-lived, and it leaves us feeling emotionally 'empty'

High-quality leisure sparks happiness. They make us happy and alive. Everyone has different interests, so these activities vary.

My favorite quality hobbies are:

  • Nature walks (especially the mountains)

  • Video game party

  • Watching a film with my girlfriend

  • Gym weightlifting

  • Complexity learning (such as the blockchain and the universe)

This brings me joy. They make me feel more fulfilled and 'rich' than social media scrolling.

Make a list of your best hobbies to refer to when you're spending too much time on your phone.

Aparna Jain

Aparna Jain

3 years ago

Negative Effects of Working for a FAANG Company

Consider yourself lucky if your last FAANG interview was rejected.

Image by Author- Royalty free image enhanced in Canva

FAANG—Facebook, Apple, Amazon, Netflix, Google

(I know its manga now, but watch me not care)

These big companies offer many benefits.

  1. large salaries and benefits

  2. Prestige

  3. high expectations for both you and your coworkers.

However, these jobs may have major drawbacks that only become apparent when you're thrown to the wolves, so it's up to you whether you see them as drawbacks or opportunities.

I know most college graduates start working at big tech companies because of their perceived coolness.

I've worked in these companies for years and can tell you what to expect if you get a job here.

Little fish in a vast ocean

The most obvious. Most billion/trillion-dollar companies employ thousands.

You may work on a small, unnoticed product part.

Directors and higher will sometimes make you redo projects they didn't communicate well without respecting your time, talent, or will to work on trivial stuff that doesn't move company needles.

Peers will only say, "Someone has to take out the trash," even though you know company resources are being wasted.

The power imbalance is frustrating.

What you can do about it

Know your WHY. Consider long-term priorities. Though riskier, I stayed in customer-facing teams because I loved building user-facing products.

This increased my impact. However, if you enjoy helping coworkers build products, you may be better suited for an internal team.

I told the Directors and Vice Presidents that their actions could waste Engineering time, even though it was unpopular. Some were receptive, some not.

I kept having tough conversations because they were good for me and the company.

However, some of my coworkers praised my candor but said they'd rather follow the boss.

An outdated piece of technology can take years to update.

Apple introduced Swift for iOS development in 2014. Most large tech companies adopted the new language after five years.

This is frustrating if you want to learn new skills and increase your market value.

Knowing that my lack of Swift practice could hurt me if I changed jobs made writing verbose Objective C painful.

What you can do about it

  1. Work on the new technology in side projects; one engineer rewrote the Lyft app in Swift over the course of a weekend and promoted its adoption throughout the entire organization.

  2. To integrate new technologies and determine how to combine legacy and modern code, suggest minor changes to the existing codebase.

Most managers spend their entire day in consecutive meetings.

After their last meeting, the last thing they want is another meeting to discuss your career goals.

Sometimes a manager has 15-20 reports, making it hard to communicate your impact.

Misunderstandings and stress can result.

Especially when the manager should focus on selfish parts of the team. Success won't concern them.

What you can do about it

  1. Tell your manager that you are a self-starter and that you will pro-actively update them on your progress, especially if they aren't present at the meetings you regularly attend.

  2. Keep being proactive and look for mentorship elsewhere if you believe your boss doesn't have enough time to work on your career goals.

  3. Alternately, look for a team where the manager has more authority to assist you in making career decisions.

After a certain point, company loyalty can become quite harmful.

Because big tech companies create brand loyalty, too many colleagues stayed in unhealthy environments.

When you work for a well-known company and strangers compliment you, it's fun to tell your friends.

Work defines you. This can make you stay too long even though your career isn't progressing and you're unhappy.

Google may become your surname.

Workplaces are not families.

If you're unhappy, don't stay just because they gave you the paycheck to buy your first home and make you feel like you owe your life to them.

Many employees stayed too long. Though depressed and suicidal.

What you can do about it

  1. Your life is not worth a company.

  2. Do you want your job title and workplace to be listed on your gravestone? If not, leave if conditions deteriorate.

  3. Recognize that change can be challenging. It's difficult to leave a job you've held for a number of years.

  4. Ask those who have experienced this change how they handled it.

You still have a bright future if you were rejected from FAANG interviews.

Rejections only lead to amazing opportunities. If you're young and childless, work for a startup.

Companies may pay more than FAANGs. Do your research.

Ask recruiters and hiring managers tough questions about how the company and teams prioritize respectful working hours and boundaries for workers.

I know many 15-year-olds who have a lifelong dream of working at Google, and it saddens me that they're chasing a name on their resume instead of excellence.

This article is not meant to discourage you from working at these companies, but to share my experience about what HR/managers will never mention in interviews.

Read both sides before signing the big offer letter.

Ari Joury, PhD

Ari Joury, PhD

3 years ago

7 ways to turn into a major problem-solver

Frustration is normal when faced with unsolvable problems. Image by author

For some people, the glass is half empty. For others, it’s half full. And for some, the question is, How do I get this glass totally full again?

Problem-solvers are the last group. They're neutral. Pragmatists.

Problems surround them. They fix things instead of judging them. Problem-solvers improve the world wherever they go.

Some fail. Sometimes their good intentions have terrible results. Like when they try to help a grandma cross the road because she can't do it alone but discover she never wanted to.

Most programmers, software engineers, and data scientists solve problems. They use computer code to fix problems they see.

Coding is best done by understanding and solving the problem.

Despite your best intentions, building the wrong solution may have negative consequences. Helping an unwilling grandma cross the road.

How can you improve problem-solving?

1. Examine your presumptions.

Don’t think There’s a grandma, and she’s unable to cross the road. Therefore I must help her over the road. Instead think This grandma looks unable to cross the road. Let’s ask her whether she needs my help to cross it.

Maybe the grandma can’t cross the road alone, but maybe she can. You can’t tell for sure just by looking at her. It’s better to ask.

Maybe the grandma wants to cross the road. But maybe she doesn’t. It’s better to ask!

Building software is similar. Do only I find this website ugly? Who can I consult?

We all have biases, mental shortcuts, and worldviews. They simplify life.

Problem-solving requires questioning all assumptions. They might be wrong!

Think less. Ask more.

Secondly, fully comprehend the issue.

Grandma wants to cross the road? Does she want flowers from the shop across the street?

Understanding the problem advances us two steps. Instead of just watching people and their challenges, try to read their intentions.

Don't ask, How can I help grandma cross the road? Why would this grandma cross the road? What's her goal?

Understand what people want before proposing solutions.

3. Request more information. This is not a scam!

People think great problem solvers solve problems immediately. False!

Problem-solvers study problems. Understanding the problem makes solving it easy.

When you see a grandma struggling to cross the road, you want to grab her elbow and pull her over. However, a good problem solver would ask grandma what she wants. So:

Problem solver: Excuse me, ma’am? Do you wish to get over the road? Grandma: Yes indeed, young man! Thanks for asking. Problem solver: What do you want to do on the other side? Grandma: I want to buy a bouquet of flowers for my dear husband. He loves flowers! I wish the shop wasn’t across this busy road… Problem solver: Which flowers does your husband like best? Grandma: He loves red dahlia. I usually buy about 20 of them. They look so pretty in his vase at the window! Problem solver: I can get those dahlia for you quickly. Go sit on the bench over here while you’re waiting; I’ll be back in five minutes. Grandma: You would do that for me? What a generous young man you are!

A mediocre problem solver would have helped the grandma cross the road, but he might have forgotten that she needs to cross again. She must watch out for cars and protect her flowers on the way back.

A good problem solver realizes that grandma's husband wants 20 red dahlias and completes the task.

4- Rapid and intense brainstorming

Understanding a problem makes solutions easy. However, you may not have all the information needed to solve the problem.

Additionally, retrieving crucial information can be difficult.

You could start a blog. You don't know your readers' interests. You can't ask readers because you don't know who they are.

Brainstorming works here. Set a stopwatch (most smartphones have one) to ring after five minutes. In the remaining time, write down as many topics as possible.

No answer is wrong. Note everything.

Sort these topics later. Programming or data science? What might readers scroll past—are these your socks this morning?

Rank your ideas intuitively and logically. Write Medium stories using the top 35 ideas.

5 - Google it.

Doctor Google may answer this seemingly insignificant question. If you understand your problem, try googling or binging.

Someone has probably had your problem before. The problem-solver may have posted their solution online.

Use others' experiences. If you're social, ask a friend or coworker for help.

6 - Consider it later

Rest your brain.

Reread. Your brain needs rest to function.

Hustle culture encourages working 24/7. It doesn't take a neuroscientist to see that this is mental torture.

Leave an unsolvable problem. Visit friends, take a hot shower, or do whatever you enjoy outside of problem-solving.

Nap.

I get my best ideas in the morning after working on a problem. I couldn't have had these ideas last night.

Sleeping subconsciously. Leave it alone and you may be surprised by the genius it produces.

7 - Learn to live with frustration

There are problems that you’ll never solve.

Mathematicians are world-class problem-solvers. The brightest minds in history have failed to solve many mathematical problems.

A Gordian knot problem can frustrate you. You're smart!

Frustration-haters don't solve problems well. They choose simple problems to avoid frustration.

No. Great problem solvers want to solve a problem but know when to give up.

Frustration initially hurts. You adapt.

Famous last words

If you read this article, you probably solve problems. We've covered many ways to improve, so here's a summary:

  1. Test your presumptions. Is the issue the same for everyone else when you see one? Or are your prejudices and self-judgments misguiding you?

  2. Recognize the issue completely. On the surface, a problem may seem straightforward, but what's really going on? Try to see what the current situation might be building up to by thinking two steps ahead of the current situation.

  3. Request more information. You are no longer a high school student. A two-sentence problem statement is not sufficient to provide a solution. Ask away if you need more details!

  4. Think quickly and thoroughly. In a constrained amount of time, try to write down all your thoughts. All concepts are worthwhile! Later, you can order them.

  5. Google it. There is a purpose for the internet. Use it.

  6. Consider it later at night. A rested mind is more creative. It might seem counterintuitive to leave a problem unresolved. But while you're sleeping, your subconscious will handle the laborious tasks.

  7. Accept annoyance as a normal part of life. Don't give up if you're feeling frustrated. It's a step in the procedure. It's also perfectly acceptable to give up on a problem because there are other, more pressing issues that need to be addressed.

You might feel stupid sometimes, but that just shows that you’re human. You care about the world and you want to make it better.

At the end of the day, that’s all there is to problem solving — making the world a little bit better.

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DC Palter

DC Palter

2 years ago

Is Venture Capital a Good Fit for Your Startup?

5 VC investment criteria

Photo by Austin Distel on Unsplash

I reviewed 200 startup business concepts last week. Brainache.

The enterprises sold various goods and services. The concepts were achingly similar: give us money, we'll produce a product, then get more to expand. No different from daily plans and pitches.

Most of those 200 plans sounded plausible. But 10% looked venture-worthy. 90% of startups need alternatives to venture finance.

With the success of VC-backed businesses and the growth of venture funds, a common misperception is that investors would fund any decent company idea. Finding investors that believe in the firm and founders is the key to funding.

Incorrect. Venture capital needs investing in certain enterprises. If your startup doesn't match the model, as most early-stage startups don't, you can revise your business plan or locate another source of capital.

Before spending six months pitching angels and VCs, make sure your startup fits these criteria.

Likely to generate $100 million in sales

First, I check the income predictions in a pitch deck. If it doesn't display $100M, don't bother.

The math doesn't work for venture financing in smaller businesses.

Say a fund invests $1 million in a startup valued at $5 million that is later acquired for $20 million. That's a win everyone should celebrate. Most VCs don't care.

Consider a $100M fund. The fund must reach $360M in 7 years with a 20% return. Only 20-30 investments are possible. 90% of the investments will fail, hence the 23 winners must return $100M-$200M apiece. $15M isn't worth the work.

Angel investors and tiny funds use the same ideas as venture funds, but their smaller scale affects the calculations. If a company can support its growth through exit on less than $2M in angel financing, it must have $25M in revenues before large companies will consider acquiring it.

Aiming for Hypergrowth

A startup's size isn't enough. It must expand fast.

Developing a great business takes time. Complex technology must be constructed and tested, a nationwide expansion must be built, or production procedures must go from lab to pilot to factories. These can be enormous, world-changing corporations, but venture investment is difficult.

The normal 10-year venture fund life. Investments are made during first 3–4 years.. 610 years pass between investment and fund dissolution. Funds need their investments to exit within 5 years, 7 at the most, therefore add a safety margin.

Longer exit times reduce ROI. A 2-fold return in a year is excellent. Loss at 2x in 7 years.

Lastly, VCs must prove success to raise their next capital. The 2nd fund is raised from 1st fund portfolio increases. Third fund is raised using 1st fund's cash return. Fund managers must raise new money quickly to keep their jobs.

Branding or technology that is protected

No big firm will buy a startup at a high price if they can produce a competing product for less. Their development teams, consumer base, and sales and marketing channels are large. Who needs you?

Patents, specialist knowledge, or brand name are the only answers. The acquirer buys this, not the thing.

I've heard of several promising startups. It's not a decent investment if there's no exit strategy.

A company that installs EV charging stations in apartments and shopping areas is an example. It's profitable, repeatable, and big. A terrific company. Not a startup.

This building company's operations aren't secret. No technology to protect, no special information competitors can't figure out, no go-to brand name. Despite the immense possibilities, a large construction company would be better off starting their own.

Most venture businesses build products, not services. Services can be profitable but hard to safeguard.

Probable purchase at high multiple

Once a software business proves its value, acquiring it is easy. Pharma and medtech firms have given up on their own research and instead acquire startups after regulatory permission. Many startups, especially in specialized areas, have this weakness.

That doesn't mean any lucrative $25M-plus business won't be acquired. In many businesses, the venture model requires a high exit premium.

A startup invents a new glue. 3M, BASF, Henkel, and others may buy them. Adding more adhesive to their catalogs won't boost commerce. They won't compete to buy the business. They'll only buy a startup at a profitable price. The acquisition price represents a moderate EBITDA multiple.

The company's $100M revenue presumably yields $10m in profits (assuming they’ve reached profitability at all). A $30M-$50M transaction is likely. Not terrible, but not what venture investors want after investing $25M to create a plant and develop the business.

Private equity buys profitable companies for a moderate profit multiple. It's a good exit for entrepreneurs, but not for investors seeking 10x or more what PE firms pay. If a startup offers private equity as an exit, the conversation is over.

Constructed for purchase

The startup wants a high-multiple exit. Unless the company targets $1B in revenue and does an IPO, exit means acquisition.

If they're constructing the business for acquisition or themselves, founders must decide.

If you want an indefinitely-running business, I applaud you. We need more long-term founders. Most successful organizations are founded around consumer demands, not venture capital's urge to grow fast and exit. Not venture funding.

if you don't match the venture model, what to do

VC funds moonshots. The 10% that succeed are extraordinary. Not every firm is a rocketship, and launching the wrong startup into space, even with money, will explode.

But just because your startup won't make $100M in 5 years doesn't mean it's a bad business. Most successful companies don't follow this model. It's not venture capital-friendly.

Although venture capital gets the most attention due to a few spectacular triumphs (and disasters), it's not the only or even most typical option to fund a firm.

Other ways to support your startup:

  • Personal and family resources, such as credit cards, second mortgages, and lines of credit

  • bootstrapping off of sales

  • government funding and honors

  • Private equity & project financing

  • collaborating with a big business

  • Including a business partner

Before pitching angels and VCs, be sure your startup qualifies. If so, include them in your pitch.

Will Leitch

Will Leitch

2 years ago

Don't treat Elon Musk like Trump.

He’s not the President. Stop treating him like one.

Elon Musk tweeted from Qatar, where he was watching the World Cup Final with Jared Kushner.

Musk's subsequent Tweets were as normal, basic, and bland as anyone's from a World Cup Final: It's depressing to see the world's richest man looking at his phone during a grand ceremony. Rich guy goes to rich guy event didn't seem important.

Before Musk posted his should-I-step-down-at-Twitter poll, CNN ran a long segment asking if it was hypocritical for him to reveal his real-time location after defending his (very dumb) suspension of several journalists for (supposedly) revealing his assassination coordinates by linking to a site that tracks Musks private jet. It was hard to ignore CNN's hypocrisy: It covered Musk as Twitter CEO like President Trump. EVERY TRUMP STORY WAS BASED ON HIM SAYING X, THEN DOING Y. Trump would do something horrific, lie about it, then pretend it was fine, then condemn a political rival who did the same thing, be called hypocritical, and so on. It lasted four years. Exhausting.

It made sense because Trump was the President of the United States. The press's main purpose is to relentlessly cover and question the president.

It's strange to say this out. Twitter isn't America. Elon Musk isn't a president. He maintains a money-losing social media service to harass and mock people he doesn't like. Treating Musk like Trump, as if he should be held accountable like Trump, shows a startling lack of perspective. Some journalists treat Twitter like a country.

The compulsive, desperate way many journalists utilize the site suggests as much. Twitter isn't the town square, despite popular belief. It's a place for obsessives to meet and converse. Journalists say they're breaking news. Their careers depend on it. They can argue it's a public service. Nope. It's a place lonely people go to speak all day. Twitter. So do journalists, Trump, and Musk. Acting as if it has a greater purpose, as if it's impossible to break news without it, or as if the republic is in peril is ludicrous. Only 23% of Americans are on Twitter, while 25% account for 97% of Tweets. I'd think a large portion of that 25% are journalists (or attention addicts) chatting to other journalists. Their loudness makes Twitter seem more important than it is. Nope. It's another stupid website. They were there before Twitter; they will be there after Twitter. It’s just a website. We can all get off it if we want. Most of us aren’t even on it in the first place.

Musk is a website-owner. No world leader. He's not as accountable as Trump was. Musk is cable news's primary character now that Trump isn't (at least for now). Becoming a TV news anchor isn't as significant as being president. Elon Musk isn't as important as we all pretend, and Twitter isn't even close. Twitter is a dumb website, Elon Musk is a rich guy going through a midlife crisis, and cable news is lazy because its leaders thought the entire world was on Twitter and are now freaking out that their playground is being disturbed.

I’ve said before that you need to leave Twitter, now. But even if you’re still on it, we need to stop pretending it matters more than it does. It’s a site for lonely attention addicts, from the man who runs it to the journalists who can’t let go of it. It’s not a town square. It’s not a country. It’s not even a successful website. Let’s stop pretending any of it’s real. It’s not.

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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