What Is A Security?
A security is any type of financial instrument that holds monetary value and can be traded or exchanged, such as stocks, bonds, mutual funds and derivatives. In the United States, securities are regulated by the U.S. Securities and Exchange Commission (SEC). The SEC’s mission is to protect investors; maintain fair, orderly, and efficient markets; facilitate capital formation; and promote investor confidence in the US capital markets.
When it comes to cryptocurrency investments, certain digital tokens may be classified as securities under applicable federal laws if they meet certain criteria defined by the SEC’s Howey Test. According to this test a security includes “an investment of money” with an expectation of profits from “a common enterprise” derived from efforts of others. If a token meets this definition then it will likely fall within the regulatory framework established by federal securities laws in the US which means that those involved in its issuance must abide by specific disclosure requirements and registration rules set out by regulators before they can offer them for sale to potential investors.
It is important for any cryptocurrency investor or trader who wishes to purchase digital tokens as part of their portfolio strategy to understand how these assets may be classified under applicable regulations since failure to comply could result in significant penalties or even criminal charges being brought against them depending on circumstances surrounding individual cases.