Practice question
A lawyer says every instrument listed as a security in Section 3.1 must first satisfy the Howey investment-contract test. Evaluate the statement and explain the proper role of that test.
Legal references
- RA8799, Securities Regulation Code, Section3.1: https://lawphil.net/statutes/repacts/ra2000/ra_8799_2000.html
- Power Homes Unlimited v. SEC, GR164182, February26 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_164182_2008.html
- SEC v. Prosperity.Com, GR164197, January25 2012, main decision: https://lawphil.net/judjuris/juri2012/jan2012/gr_164197_2012.html
Answer this question in flashcards to review your response and continue practicing.