Not exact matches
The so - called Howey
Test established that an investment contract is defined as any scheme in which a person invests in a common
enterprise with a reasonable expctation of profit via the managerial
efforts of others.
Applying the 71 - year old Howey
Test, this qualifies as an investment in a «common
enterprise,» in which investors are led to «expect profits» that are «generated from the
efforts of others.»
The
test checks whether there is (1) an investment of money (2) in a common
enterprise (3) with an expectation of profits (4) which are derived solely from the
efforts of the promoters or third parties.
Argumentative essay topics: AIDS / HIV
testing, Alcohol Abuse, Animal Experimentation, Anorexia, Cameras in Courtrooms, Capital Punishment, Child Abuse, Civil Rights, Debtor Nations, Diabetes, Dieting, Domestic Violence, Drug Trafficking, Drunk Driving, Energy Alternatives, Environmental Crises, Epidemics, Euthanasia, Family Violence, Famine Relief
Efforts, Fathers» / Mothers» Rights In Divorce, Feminism, Illnesses, Food Safety, Foreign Policy, Free
Enterprise System, Free Speech Gambling, Gangs, Genetic Engineering, Global Warming, Globalization, Gun Control, Health Care System, Homeland Security, Human Cloning, Human Rights.
According to the Howey
test, an instrument is only an investment contract if it involves an investment of money or other tangible or definable consideration in a common
enterprise with a reasonable expectation of profits to be derived primarily from the entrepreneurial or managerial
efforts of others.
Applying the
test, Canadian regulators will consider whether an ICO / ITO involves: (i) an investment of money, (ii) in a common
enterprise, (iii) with the expectation of profit, (iv) to come significantly from the
efforts of others.
By now everyone in the crypto community can recite the legal
test designed to identify a security, as announced in 1946 by the U.S. Supreme Court in SEC v. Howey: whether a scheme (the court's word) «involves an investment of money in a common
enterprise with profits to come solely from the
efforts of others.»
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:
The class action, filed by David Silver, partner at SilverMiller in south Florida, contends that the investors had clearly bought into a common
enterprise with an expectation to profit from the
efforts of others — checking many of the boxes of the Howey
test, a common metric for determining if an offering constitutes an investment contract.
Led global data center
enterprise power shutdown and startup activities as part of an
effort to correct power issues in production and
test environments.
Led 18 - month performance
test effort to create
testing framework and help guide hardware recommendations for a new policy
enterprise system.
Globeop Financial Services, LLC (Harrison, NY) 2005 — 2007 Manager
Enterprise Infrastructures Group • Designed and implemented disaster recovery system for Reuiter's Kondor 3.0 on Solaris 10 and Sybase 12.0 — 15.0 • Installed, configured, and managed Reuiter's Kondor 3.0; Solaris 10 (LDOMS, ZFS, RAID, ZOANS, CONTAINERS); AIX 4.3 - 5.3, Red Hat
Enterprise — RHEL 3.0 — 4.0, Sybase 12.0 — 15.0, Oracle 10g, MYSQL 2.7.1, Sun One Directory Server (LDAP), SUN IDM, Solstice Disk Suite, Sun Cluster 3.0 - 3.2, Veritas Storage Foundation 4.1 — 5.0, Veritas Cluster Server, Veritas NetBackup 5.0 — 7.0, Storage Array A1000 — A3500, EMC SAN, HITACHI SAN, 3 PAR, Brocade switch 40K, Cisco switch 6309, SSH, SSL, RSA encryption, Emulex LPFC, NaviSphere, EMC, and Power path • Automated processes utilizing shell scripts (Bourne, Korn, C Shell, Bash, AWK, SED and Perl) • Strong technical expertise in all major server technologies (SUN / HP / IBM / Linux / Microsoft) experiment in managing mission critical, low latency, high availability and clustered IT systems and familiar with FIX protocol • Performed massive installation of Solaris servers using both Jumpstart and Blade Logic and Red Hat using both PXE boot and BladeLogic servers to global distributed network of more than 2500 servers • Conducted disaster recovery
tests • Managed and supervised four technicians ensuring continuity of service and efficient operations • Coordinated
effort among Development, System, Networking, Application Support, Backup and recovery team to ensure maximum up time and effective issue resolution • Planned & developed projects, performed user acceptance
tests, and applied patches to repair bugs • Developed shell scripts for Bourne shell, Korn shell, C Shell, AWK, PL / SQL and PERL • Managed DNS, NIS, NIS +, LDAP, jump start, Send Mail, SFTP, FTP, HTTP, SSL, SSH, Telnet and HP Open View • Coordinated
effort between Development, QA, Production, DR, Systems, DBA, Production Support and Network Administration, Applications group for project completion ahead of time and under budget • Managed DNS, NIS, NIS +, DHCP, LDAP, SFTP, jumpstart, Apache, Tomcat, Websphrer and HP Open View.