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## Solution Verification | ||
# Solution Verification | ||
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Test Vectors - Ergo: | ||
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# Security | ||
# The Howey Test | ||
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The Howey Test is a legal framework used to determine whether a financial instrument, such as the ERG token, is classified as a security. The test has four criteria that must all be met for an instrument to be considered a security: investment of money, common enterprise, reasonable expectation of profits, and entrepreneurial or managerial efforts of others. | ||
The Howey Test is a legal framework used to determine whether a financial instrument, such as the ERG token, is classified as a security. The test has **four criteria** that must all be met for an instrument to be considered a security: ***investment of money, common enterprise, reasonable expectation of profits, and entrepreneurial or managerial efforts of others.*** | ||
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In the case of ERG tokens, they are regularly traded on cryptocurrency exchanges. They can be mined by purchasing hardware and paying for electricity, which suggests that the first and second criteria of the Howey Test may be met. However, the promotion of the ERG tokens within the Platform is to improve security and functionality through proof-of-work mining and the advancement of the [eUTXO](eutxo.md) system rather pitched as an investment with a reasonable expectation of profits. Additionally, the original developers of the Platform and the Foundation have not taken steps to increase the market value of ERG tokens or sell them to investors as an investment. Therefore, it is likely that the third criterion of the Howey Test is not met. | ||
In the case of ERG tokens, they are regularly traded on cryptocurrency exchanges. They can be mined by purchasing hardware and paying for electricity, which suggests that **the first and second criteria of the Howey Test may be met**. However, the promotion of the ERG tokens within the Platform is to improve security and functionality through proof-of-work mining, and the advancement of the [eUTXO](eutxo.md) system rather pitched as an investment with a reasonable expectation of profits. Additionally, the original Platform and Foundation developers have not taken steps to increase the market value of ERG tokens or sell them to investors as an investment. **Therefore, it is likely that the third criterion of the Howey Test is not met.** | ||
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The fourth criterion, entrepreneurial or managerial efforts of others, requires that the efforts of those outside the investor are essential to the success or failure of the enterprise. While the Foundation currently plays a role in the development and functionality of the Platform, the ERG tokens ecosystem is becoming more decentralized and independent of the Foundation or any other centralized entity. The Platform is open source and permissionless, allowing anyone to build applications or launch tokens without the permission or assistance of the Foundation. This decentralization will increase over time as more third-party developers bring value to the Platform. The Foundation community-led and has went to great efforts to inform and encourage discussion with the community. If the foundation were to vanish, development would not need to stop, and miners could extract and spend all of the Foundation's funds through storage rent. Therefore, it is difficult to argue that the success of the Platform and the value of ERG tokens necessarily rely on the Foundation or its members. Overall, the value of ERG tokens is becoming more market-driven and independent of the Foundation, which suggests that the fourth criterion of the Howey Test is not met. As a result, ERG tokens should not be considered securities for federal securities law purposes. | ||
The fourth criterion, entrepreneurial or managerial efforts of others, requires that the efforts of those outside the investor are essential to the success or failure of the enterprise. While the Foundation currently plays a role in the development and functionality of the Platform, the ERG tokens ecosystem is becoming more decentralised and independent of the Foundation or any other centralised entity. The Platform is open source and permissionless, allowing anyone to build applications or launch tokens without the permission or assistance of the Foundation. | ||
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This decentralisation will increase over time as more third-party developers bring value to the Platform. The Foundation is community-led and has made great efforts to inform and encourage discussion with the community. If the foundation were to vanish, development would not need to stop, and miners could extract and spend all of the Foundation's funds through storage rent. Therefore, it is difficult to argue that the success of the Platform and the value of ERG tokens necessarily rely on the Foundation or its members. Overall, the value of ERG tokens is becoming [more market-driven and independent of the Foundation](ergo-foundation-2022.md), which suggests that **the fourth criterion of the Howey Test is not met.** | ||
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As a result, ERG tokens should not be considered securities for federal securities law purposes. |
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