Sentences with phrase «be an investment contract»

Tokens, if indeed they are investment contracts, are not typical investment contracts like stock or debt in that they do not represent a claim against the company, but rather they represent an ability to write to some data structure that the company has built (in common market practice).

If however most of these tokens are investment contracts in the end, we know that due to the impact of the securities laws that registration is more or less the only thing we can do in order to operate a company coin within the bounds of US law.

Further, if you've come to accept that your token is an investment contract, then based on these decisions, expect to be treated like any other issuer of securities.

The OSC ultimately found that the licenses were investment contracts.

For example, if Bitcoin is not a currency, then Bitcoin forwards and Bitcoin swaps that involve the exchange of Bitcoin for another currency will not fall under the statutory definitions of the more lightly regulated foreign exchange forwards or foreign exchange swaps.10 Likewise, retail trading of Bitcoin derivatives will be limited to designated contract markets, rather than subject to the retail foreign exchange dealer regulations.11 Treating Bitcoin as a commodity that is not a currency dovetails with the stances taken by other U.S. regulators such as the Financial Crimes Enforcement Network (FinCEN)(virtual currency does not have all of the attributes of real currency) 12, the Securities and Exchange Commission (Bitcoin investments are investment contracts because Bitcoin is a form of money) 13 and the Internal Revenue Service (treating Bitcoin as property for tax purposes).14

While the Howey test is relied upon to judge whether an arrangement is an investment contract, Howey is not the end - all - be-all test to check whether a token is a security.

Investopedia's answer is the most appropriate stating that these are investment contracts that offer attractive risk adjusted returns for moderately conservative investors.

The 1946 case of SEC v. W.J. Howey Co. established a test to determine what is an investment contract.

Futures, forwards and swaps, for example, are investment contracts between parties to buy, sell or exchange assets like equities, commodities, currencies or loan terms at agreed - upon prices.

Under the Howey Test, a transaction will be determined to be an investment contract, and therefore a security if:

test (named for the Supreme Court case that announced it), which says that something is an investment contract if it involves (1) an investment of money (2) in a common enterprise (3) with a reasonable expectation of profits derived from the managerial efforts of others, the SEC found that DAO Tokens were securities because:

Yet in its cease - and - desist order, dated Dec. 11, the SEC argued that the MUN tokens constitute securities because «they were investment contracts.»

Not exact matches

And business investment is contracting as commodity companies retreat.

These investments include but are not limited to: real estate, IPO stocks, trust deed notes, closely held stock, promissory notes, oil and gas leases, LLCs, sales contracts and C corporations.

For some crazy reason, we think it is more expensive to call a lawyer and have them review a contract for one hour than risk a multi-thousand-dollar investment to an email chain or a handshake.

In many cases they'll split it with you if you sign a contract with them so that they can be sure they'll eventually recoup that investment.

Those terms are set when the contract is signed and are based on the highest value of the investment portfolio.

The terms and prices of variable annuities were much better before the financial crisis, but the rationale for a contract that guarantees an income stream while allowing for some participation in potential growth in the investment markets remains intact, according to Mark Cortazzo, senior partner at Macro Consulting Group.

«I had some clients whose retirements were saved because of [variable annuity] contracts they purchased before the financial crisis,» said Marc Ruiz, a financial advisor with Oak Partners and a registered rep with SII Investments.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

This presentation does not, in any jurisdiction, and in particular not in the U.S., constitute or form part of, and should not be construed as, any offer for sale of, or solicitation of any offer to buy, or any investment advice in connection with, any securities of SES nor should it or any part of it form the basis of, or be relied on in connection with, any contract or commitment whatsoever.

He has minimal pressure to produce revenue in the short term, because he has always been able to attract grants, investment money, or consulting contracts.

The weakest aspect of Canada's economy this year was the feeble performance of private investment, projected by the Conference Board of Canada to contract by nearly 8 per cent compared to 2014 levels.

«The new contract said he could become a «general partner or member of any corporation, partnership, company or firm,» so long as the activity was a «passive investment» that involved «minimal» time.

The roll yield is the profit traders can earn when they roll their investment in crude oil futures, which expire every month, into contracts that expire at a later date.

On virtually every partnership contract, vendor deal, distributor arrangement, equipment lease or financing, personnel hire and investment decision, there will likely be some kind of option offered to one party by the other.

He said in the interview that he is so determined to get his side of the story out that he is writing a book about what happened at the investment bank although he does not yet have a publishing contract.

In other cases, to achieve the complementation benefits requires investments or knowledge exchange that would put one or both firms at more risk than they are willing to bear in an arms - length contract.

China is the best place for expanding manufacturing and investment, the country's premier told Foxconn, the world's largest contract electronics maker, less than two weeks after its chief executive Terry Gou went to the White House to discuss increasing investment in the United States.

(1) As of December 31, 2016 (2) Figures are rounded to the nearest hundred million and include grants and direct charitable contracts, but not Program Related Investments (3) Annually, the foundation receives an installment of the gift pledged by Warren Buffett.

[6] In the 21 (a) Report, the Commission applied longstanding securities law principles to demonstrate that a particular token constituted an investment contract and therefore was a security under our federal securities laws.

The New York Times reports that the firm, one of the largest financial institutions in the United States, is preparing to begin using its own funds to sponsor a variety of investment contracts tied to the bitcoin price and hopes to eventually trade «physical bitcoins» directly.

Although high finance obviously has been shaped by the Industrial Revolution's legacy of corporate finance, institutional investment such as pension fund saving as part of the industrial wage contract, mutual funds, and globalization along «financialized» lines, financial managers have taken over industrial companies to create what Hyman Minsky has called «money manager capitalism.»

Terminated Cloud Mining Contracts resemble investments, that were closed by the operating website stating that they are not profitable anymore and thus, need to stop the daily % - payout of their program.

The board of trustees would contract out the fund's investment and management to the state pension fund (s).

Investing in a variable annuity involves risk of loss — investment returns and contract value are not guaranteed and will fluctuate.

These products or services typically use a Blockchain, and, in turn, the typical investment product in an ICO (a «coin» or «token») uses a Blockchain and «smart contracts» to govern some part of the relationship between the company and its investors, establishing to what the investor is entitled.

BDs and investment advisors would be forced to either substantially change their current business models or navigate the challenging demands of a best interest contract exemption, it said.

Since LNG projects are multi-billion dollar investments, underpinning the project with long - term, oil - linked contracts is usually necessary to secure project financing by lenders.

The same goes for future withdrawals from life insurance contracts that are tax - free up to your basis, or total net investment, in the account.

Joseph P. Borg, president of NASAA and director of the Alabama Securities Commission, further stated, «Investors should go beyond the headlines and hype to understand the risks associated with investments in cryptocurrencies, as well as cryptocurrency futures contracts and other financial products where these virtual currencies are linked in some way to the underlying investment.»

Residential investment is projected to contract, with its share of the overall economy declining from the current elevated level (Chart 31).

Your investment amount is based on your age at purchase, current interest rates, when payments start, and any features you add to the contract.

In the Russian Far East, Huawei outcompeted Nokia in a 2017 open tender bidding process to lay an internet cable to the Kurile Islands by agreeing to complete the project at a cost that was 9 percent below Rostelecom's stated maximum contract price.122 Though there have been no specific complaints surrounding the Kurile Islands tender, China's investments in Russia at times do not adhere to market principles — an issue of concern for the West given long - standing U.S. and European criticism of unfair Chinese trade and investment practices.

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Adjustments over this time frame can be planned for, but with the proposed deadlines the auto firms are stuck with existing contracts with suppliers and investments in plants and equipment.

We found that while commercial relationships or contracts are a great start, the real value, the real alignment and the real investment decisions need to be occurring as owners with similar outcomes.»

«Innovation in digital technologies is reshaping the banking industry, and this investment is reflective of our belief that distributed ledger technology and smart contracts have the potential to significantly enhance capital markets infrastructure.

Accordingly, the Strategic Growth Fund is now back to a fully - hedged investment stance - meaning that the Fund continues to be fully invested in a broadly diversified group of stocks that appear to have some combination of favorable valuation and favorable market action, while at the same time, the Fund carries an offsetting short position of equal size in the S&P 500 and Russell 2000 indices (using option combinations that mimic short futures contracts) intended to mute the impact of broad market fluctuations on the Fund.

If, however, the trade surplus rises, then clearly savings are contracting more slowly than investment.