More on Entrepreneurship/Creators

Andy Raskin
3 years ago
I've Never Seen a Sales Deck This Good
It’s Zuora’s, and it’s brilliant. Here’s why.
My friend Tim got a sales position at a Series-C software company that garnered $60 million from A-list investors. He's one of the best salespeople I know, yet he emailed me after starting to struggle.
Tim has a few modest clients. “Big companies ignore my pitch”. Tim said.
I love helping teams write the strategic story that drives sales, marketing, and fundraising. Tim and I had lunch at Amber India on Market Street to evaluate his deck.
After a feast, I asked Tim when prospects tune out.
He said, “several slides in”.
Intent on maximizing dining ROI, Tim went back to the buffet for seconds. When he returned, I pulled out my laptop and launched into a Powerpoint presentation.
“What’s this?” Tim asked.
“This,” I said, “is the greatest sales deck I have ever seen.”
Five Essentials of a Great Sales Narrative
I showed Tim a sales slide from IPO-bound Zuora, which sells a SaaS platform for subscription billing. Zuora supports recurring payments (e.g. enterprise software).
Ex-Zuora salesman gave me the deck, saying it helped him close his largest business. (I don't know anyone who works at Zuora.) After reading this, a few Zuora employees contacted me.)
Tim abandoned his naan in a pool of goat curry and took notes while we discussed the Zuora deck.
We remarked how well the deck led prospects through five elements:
(The ex-Zuora salesperson begged me not to release the Zuora deck publicly.) All of the images below originate from Zuora's website and SlideShare channel.)
#1. Name a Significant Change in the World
Don't start a sales presentation with mentioning your product, headquarters, investors, clients, or yourself.
Name the world shift that raises enormous stakes and urgency for your prospect.
Every Zuora sales deck begins with this slide:
Zuora coined the term subscription economy to describe a new market where purchasers prefer regular service payments over outright purchases. Zuora then shows a slide with the change's history.
Most pitch recommendation advises starting with the problem. When you claim a problem, you put prospects on the defensive. They may be unaware of or uncomfortable admitting the situation.
When you highlight a global trend, prospects open up about how it affects them, worries them, and where they see opportunity. You capture their interest. Robert McKee says:
…what attracts human attention is change. …if the temperature around you changes, if the phone rings — that gets your attention. The way in which a story begins is a starting event that creates a moment of change.
#2. Show There’ll Be Winners and Losers
Loss aversion affects all prospects. They avoid a loss by sticking with the status quo rather than risking a gain by changing.
To fight loss aversion, show how the change will create winners and losers. You must show both
that if the prospect can adjust to the modification you mentioned, the outcome will probably be quite favorable; and
That failing to do so is likely to have an unacceptable negative impact on the prospect's future
Zuora shows a mass extinction among Fortune 500 firms.
…and then showing how the “winners” have shifted from product ownership to subscription services. Those include upstarts…
…as well as rejuvenated incumbents:
To illustrate, Zuora asks:
Winners utilize Zuora's subscription service models.
#3. Tease the Promised Land
It's tempting to get into product or service details now. Resist that urge.
Prospects won't understand why product/service details are crucial if you introduce them too soon, therefore they'll tune out.
Instead, providing a teaser image of the happily-ever-after your product/service will assist the prospect reach.
Your Promised Land should be appealing and hard to achieve without support. Otherwise, why does your company exist?
Zuora shows this Promised Land slide after explaining that the subscription economy will have winners and losers.
Not your product or service, but a new future state.
(I asked my friend Tim to describe his Promised Land, and he answered, "You’ll have the most innovative platform for ____." Nope: the Promised Land isn't possessing your technology, but living with it.)
Your Promised Land helps prospects market your solution to coworkers after your sales meeting. Your coworkers will wonder what you do without you. Your prospects are more likely to provide a persuasive answer with a captivating Promised Land.
#4. Present Features as “Mystic Gifts” for Overcoming Difficulties on the Road to the Promised Land
Successful sales decks follow the same format as epic films and fairy tales. Obi Wan gives Luke a lightsaber to help him destroy the Empire. You're Gandalf, helping Frodo destroy the ring. Your prospect is Cinderella, and you're her fairy godmother.
Position your product or service's skills as mystical gifts to aid your main character (prospect) achieve the Promised Land.
Zuora's client record slide is shown above. Without context, even the most technical prospect would be bored.
Positioned in the context of shifting from an “old” to a “new world”, it's the foundation for a compelling conversation with prospects—technical and otherwise—about why traditional solutions can't reach the Promised Land.
#5. Show Proof That You Can Make the Story True.
In this sense, you're promising possibilities that if they follow you, they'll reach the Promised Land.
The journey to the Promised Land is by definition rocky, so prospects are right to be cautious. The final part of the pitch is proof that you can make the story come true.
The most convincing proof is a success story about how you assisted someone comparable to the prospect. Zuora's sales people use a deck of customer success stories, but this one gets the essence.
I particularly appreciate this one from an NCR exec (a Zuora customer), which relates more strongly to Zuora's Promised Land:
Not enough successful customers? Product demos are the next best evidence, but features should always be presented in the context of helping a prospect achieve the Promised Land.
The best sales narrative is one that is told by everyone.
Success rarely comes from a fantastic deck alone. To be effective, salespeople need an organization-wide story about change, Promised Land, and Magic Gifts.
Zuora exemplifies this. If you hear a Zuora executive, including CEO Tien Tzuo, talk, you'll likely hear about the subscription economy and its winners and losers. This is the theme of the company's marketing communications, campaigns, and vision statement.
According to the ex-Zuora salesperson, company-wide story alignment made him successful.
The Zuora marketing folks ran campaigns and branding around this shift to the subscription economy, and [CEO] Tien [Tzuo] talked it up all the time. All of that was like air cover for my in-person sales ground attack. By the time I arrived, prospects were already convinced they had to act. It was the closest thing I’ve ever experienced to sales nirvana.
The largest deal ever
Tim contacted me three weeks after our lunch to tell me that prospects at large organizations were responding well to his new deck, which we modeled on Zuora's framework. First, prospects revealed their obstacles more quickly. The new pitch engages CFOs and other top gatekeepers better, he said.
A week later, Tim emailed that he'd signed his company's biggest agreement.
Next week, we’re headed back to Amber India to celebrate.

Alex Mathers
25 years ago
400 articles later, nobody bothered to read them.
Writing for readers:
14 years of daily writing.
I post practically everything on social media. I authored hundreds of articles, thousands of tweets, and numerous volumes to almost no one.
Tens of thousands of readers regularly praise me.
I despised writing. I'm stuck now.
I've learned what readers like and what doesn't.
Here are some essential guidelines for writing with impact:
Readers won't understand your work if you can't.
Though obvious, this slipped me up. Share your truths.
Stories engage human brains.
Showing the journey of a person from worm to butterfly inspires the human spirit.
Overthinking hinders powerful writing.
The best ideas come from inner understanding in between thoughts.
Avoid writing to find it. Write.
Writing a masterpiece isn't motivating.
Write for five minutes to simplify. Step-by-step, entertaining, easy steps.
Good writing requires a willingness to make mistakes.
So write loads of garbage that you can edit into a good piece.
Courageous writing.
A courageous story will move readers. Personal experience is best.
Go where few dare.
Templates, outlines, and boundaries help.
Limitations enhance writing.
Excellent writing is straightforward and readable, removing all the unnecessary fat.
Use five words instead of nine.
Use ordinary words instead of uncommon ones.
Readers desire relatability.
Too much perfection will turn it off.
Write to solve an issue if you can't think of anything to write.
Instead, read to inspire. Best authors read.
Every tweet, thread, and novel must have a central idea.
What's its point?
This can make writing confusing.
️ Don't direct your reader.
Readers quit reading. Demonstrate, describe, and relate.
Even if no one responds, have fun. If you hate writing it, the reader will too.

Tim Denning
3 years ago
One of the biggest publishers in the world offered me a book deal, but I don't feel deserving of it.
My ego is so huge it won't fit through the door.
I don't know how I feel about it. I should be excited. Many of you have this exact dream to publish a book with a well-known book publisher and get a juicy advance.
Let me dissect how I'm thinking about it to help you.
How it happened
An email comes in. A generic "can we put a backlink on your website and get a freebie" email.
Almost deleted it.
Then I noticed the logo. It seemed shady. I found the URL. Check. I searched the employee's LinkedIn. Legit. I avoided middlemen. Check.
Mixed feelings. LinkedIn hasn't valued my writing for years. I'm just a guy in an unironed t-shirt whose content they sell advertising against.
They get big dollars. I get $0 and a few likes, plus some email subscribers.
Still, I felt adrenaline for hours.
I texted a few friends to see how they felt. I wrapped them.
Messages like "No shocker. You're entertaining online." I didn't like praises, so I blushed.
The thrill faded after hours. Who knows?
Most authors desire this chance.
"You entitled piece of crap, Denning!"
You may think so. Okay. My job is to stand on the internet and get bananas thrown at me.
I approached writing backwards. More important than a book deal was a social media audience converted to an email list.
Romantic authors think backward. They hope a fantastic book will land them a deal and an audience.
Rarely occurs. So I never pursued it. It's like permission-seeking or the lottery.
Not being a professional writer, I've never written a good book. I post online for fun and to express my opinions.
Writing is therapeutic. I overcome mental illness and rebuilt my life this way. Without blogging, I'd be dead.
I've always dreamed of staying alive and doing something I love, not getting a book contract. Writing is my passion. I'm a winner without a book deal.
Why I was given a book deal
You may assume I received a book contract because of my views or follows. Nope.
They gave me a deal because they like my writing style. I've heard this for eight years.
Several authors agree. One asked me to improve their writer's voice.
Takeaway: highlight your writer's voice.
What if they discover I'm writing incompetently?
An edited book is published. It's edited.
I need to master writing mechanics, thus this concerns me. I need help with commas and sentence construction.
I must learn verb, noun, and adjective. Seriously.
Writing a book may reveal my imposter status to a famous publisher. Imagine the email
"It happened again. He doesn't even know how to spell. He thinks 'less' is the correct word, not 'fewer.' Are you sure we should publish his book?"
Fears stink.
I'm capable of blogging. Even listicles. So what?
Writing for a major publisher feels advanced.
I only blog. I'm good at listicles. Digital media executives have criticized me for this.
It is allegedly clickbait.
Or it is following trends.
Alternately, growth hacking.
Never. I learned copywriting to improve my writing.
Apple, Amazon, and Tesla utilize copywriting to woo customers. Whoever thinks otherwise is the wisest person in the room.
Old-schoolers loathe copywriters.
Their novels sell nothing.
They assume their elitist version of writing is better and that the TikTok generation will invest time in random writing with no subheadings and massive walls of text they can't read on their phones.
I'm terrified of book proposals.
My friend's book proposal suggestion was contradictory and made no sense.
They told him to compose another genre. This book got three Amazon reviews. Is that a good model?
The process disappointed him. I've heard other book proposal horror stories. Tim Ferriss' book "The 4-Hour Workweek" was criticized.
Because he has thick skin, his book came out. He wouldn't be known without that.
I hate book proposals.
An ongoing commitment
Writing a book is time-consuming.
I appreciate time most. I want to focus on my daughter for the next few years. I can't recreate her childhood because of a book.
No idea how parents balance kids' goals.
My silly face in a bookstore. Really?
Genuine thought.
I don't want my face in bookstores. I fear fame. I prefer anonymity.
I want to purchase a property in a bad Australian area, then piss off and play drums. Is bookselling worth it?
Are there even bookstores anymore?
(Except for Ryan Holiday's legendary Painted Porch Bookshop in Texas.)
What's most important about books
Many were duped.
Tweets and TikTok hopscotch vids are their future. Short-form content creates devoted audiences that buy newsletter subscriptions.
Books=depth.
Depth wins (if you can get people to buy your book). Creating a book will strengthen my reader relationships.
It's cheaper than my classes, so more people can benefit from my life lessons.
A deeper justification for writing a book
Mind wandered.
If I write this book, my daughter will follow it. "Look what you can do, love, when you ignore critics."
That's my favorite.
I'll be her best leader and teacher. If her dad can accomplish this, she can too.
My kid can read my book when I'm gone to remember her loving father.
Last paragraph made me cry.
The positive
This book thing might make me sound like Karen.
The upside is... Building in public, like I have with online writing, attracts the right people.
Proof-of-work over proposals, beautiful words, or huge aspirations. If you want a book deal, try writing online instead of the old manner.
Next steps
No idea.
I'm a rural Aussie. Writing a book in the big city is intimidating. Will I do it? Lots to think about. Right now, some level of reflection and gratitude feels most appropriate.
Sometimes when you don't feel worthy, it gives you the greatest lessons. That's how I feel about getting offered this book deal.
Perhaps you can relate.
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Caspar Mahoney
2 years ago
Changing Your Mindset From a Project to a Product
Product game mindsets? How do these vary from Project mindset?
1950s spawned the Iron Triangle. Project people everywhere know and live by it. In stakeholder meetings, it is used to stretch the timeframe, request additional money, or reduce scope.
Quality was added to this triangle as things matured.
Quality was intended to be transformative, but none of these principles addressed why we conduct projects.
Value and benefits are key.
Product value is quantified by ROI, revenue, profit, savings, or other metrics. For me, every project or product delivery is about value.
Most project managers, especially those schooled 5-10 years or more ago (thousands working in huge corporations worldwide), understand the world in terms of the iron triangle. What does that imply? They worry about:
a) enough time to get the thing done.
b) have enough resources (budget) to get the thing done.
c) have enough scope to fit within (a) and (b) >> note, they never have too little scope, not that I have ever seen! although, theoretically, this could happen.
Boom—iron triangle.
To make the triangle function, project managers will utilize formal governance (Steering) to move those things. Increase money, scope, or both if time is short. Lacking funds? Increase time, scope, or both.
In current product development, shifting each item considerably may not yield value/benefit.
Even terrible. This approach will fail because it deprioritizes Value/Benefit by focusing the major stakeholders (Steering participants) and delivery team(s) on Time, Scope, and Budget restrictions.
Pre-agile, this problem was terrible. IT projects failed wildly. History is here.
Value, or benefit, is central to the product method. Product managers spend most of their time planning value-delivery paths.
Product people consider risk, schedules, scope, and budget, but value comes first. Let me illustrate.
Imagine managing internal products in an enterprise. Your core customer team needs a rapid text record of a chat to fix a problem. The consumer wants a feature/features added to a product you're producing because they think it's the greatest spot.
Project-minded, I may say;
Ok, I have budget as this is an existing project, due to run for a year. This is a new requirement to add to the features we’re already building. I think I can keep the deadline, and include this scope, as it sounds related to the feature set we’re building to give the desired result”.
This attitude repeats Scope, Time, and Budget.
Since it meets those standards, a project manager will likely approve it. If they have a backlog, they may add it and start specking it out assuming it will be built.
Instead, think like a product;
What problem does this feature idea solve? Is that problem relevant to the product I am building? Can that problem be solved quicker/better via another route ? Is it the most valuable problem to solve now? Is the problem space aligned to our current or future strategy? or do I need to alter/update the strategy?
A product mindset allows you to focus on timing, resource/cost, feasibility, feature detail, and so on after answering the aforementioned questions.
The above oversimplifies because
Leadership in discovery
Project managers are facilitators of ideas. This is as far as they normally go in the ‘idea’ space.
Business Requirements collection in classic project delivery requires extensive upfront documentation.
Agile project delivery analyzes requirements iteratively.
However, the project manager is a facilitator/planner first and foremost, therefore topic knowledge is not expected.
I mean business domain, not technical domain (to confuse matters, it is true that in some instances, it can be both technical and business domains that are important for a single individual to master).
Product managers are domain experts. They will become one if they are training/new.
They lead discovery.
Product Manager-led discovery is much more than requirements gathering.
Requirements gathering involves a Business Analyst interviewing people and documenting their requests.
The project manager calculates what fits and what doesn't using their Iron Triangle (presumably in their head) and reports back to Steering.
If this requirements-gathering exercise failed to identify requirements, what would a project manager do? or bewildered by project requirements and scope?
They would tell Steering they need a Business SME or Business Lead assigning or more of their time.
Product discovery requires the Product Manager's subject knowledge and a new mindset.
How should a Product Manager handle confusing requirements?
Product Managers handle these challenges with their talents and tools. They use their own knowledge to fill in ambiguity, but they have the discipline to validate those assumptions.
To define the problem, they may perform qualitative or quantitative primary research.
They might discuss with UX and Engineering on a whiteboard and test assumptions or hypotheses.
Do Product Managers escalate confusing requirements to Steering/Senior leaders? They would fix that themselves.
Product managers raise unclear strategy and outcomes to senior stakeholders. Open talks, soft skills, and data help them do this. They rarely raise requirements since they have their own means of handling them without top stakeholder participation.
Discovery is greenfield, exploratory, research-based, and needs higher-order stakeholder management, user research, and UX expertise.
Product Managers also aid discovery. They lead discovery. They will not leave customer/user engagement to a Business Analyst. Administratively, a business analyst could aid. In fact, many product organizations discourage business analysts (rely on PM, UX, and engineer involvement with end-users instead).
The Product Manager must drive user interaction, research, ideation, and problem analysis, therefore a Product professional must be skilled and confident.
Creating vs. receiving and having an entrepreneurial attitude
Product novices and project managers focus on details rather than the big picture. Project managers prefer spreadsheets to strategy whiteboards and vision statements.
These folks ask their manager or senior stakeholders, "What should we do?"
They then elaborate (in Jira, in XLS, in Confluence or whatever).
They want that plan populated fast because it reduces uncertainty about what's going on and who's supposed to do what.
Skilled Product Managers don't only ask folks Should we?
They're suggesting this, or worse, Senior stakeholders, here are some options. After asking and researching, they determine what value this product adds, what problems it solves, and what behavior it changes.
Therefore, to move into Product, you need to broaden your view and have courage in your ability to discover ideas, find insightful pieces of information, and collate them to form a valuable plan of action. You are constantly defining RoI and building Business Cases, so much so that you no longer create documents called Business Cases, it is simply ingrained in your work through metrics, intelligence, and insights.
Product Management is not a free lunch.
Plateless.
Plates and food must be prepared.
In conclusion, Product Managers must make at least three mentality shifts:
You put value first in all things. Time, money, and scope are not as important as knowing what is valuable.
You have faith in the field and have the ability to direct the search. YYou facilitate, but you don’t just facilitate. You wouldn't want to limit your domain expertise in that manner.
You develop concepts, strategies, and vision. You are not a waiter or an inbox where other people can post suggestions; you don't merely ask folks for opinion and record it. However, you excel at giving things that aren't clearly spoken or written down physical form.
JEFF JOHN ROBERTS
3 years ago
What just happened in cryptocurrency? A plain-English Q&A about Binance's FTX takedown.
Crypto people have witnessed things. They've seen big hacks, mind-boggling swindles, and amazing successes. They've never seen a day like Tuesday, when the world's largest crypto exchange murdered its closest competition.
Here's a primer on Binance and FTX's lunacy and why it matters if you're new to crypto.
What happened?
CZ, a shrewd Chinese-Canadian billionaire, runs Binance. FTX, a newcomer, has challenged Binance in recent years. SBF (Sam Bankman-Fried)—a young American with wild hair—founded FTX (initials are a thing in crypto).
Last weekend, CZ complained about SBF's lobbying and then exploited Binance's market power to attack his competition.
How did CZ do that?
CZ invested in SBF's new cryptocurrency exchange when they were friends. CZ sold his investment in FTX for FTT when he no longer wanted it. FTX clients utilize those tokens to get trade discounts, although they are less liquid than Bitcoin.
SBF made a mistake by providing CZ just too many FTT tokens, giving him control over FTX. It's like Pepsi handing Coca-Cola a lot of stock it could sell at any time. CZ got upset with SBF and flooded the market with FTT tokens.
SBF owns a trading fund with many FTT tokens, therefore this was catastrophic. SBF sought to defend FTT's worth by selling other assets to buy up the FTT tokens flooding the market, but it didn't succeed, and as FTT's value plummeted, his liabilities exceeded his assets. By Tuesday, his companies were insolvent, so he sold them to his competition.
Crazy. How could CZ do that?
CZ likely did this to crush a rising competition. It was also personal. In recent months, regulators have been tough toward the crypto business, and Binance and FTX have been trying to stay on their good side. CZ believed SBF was poisoning U.S. authorities by saying CZ was linked to China, so CZ took retribution.
“We supported previously, but we won't pretend to make love after divorce. We're neutral. But we won't assist people that push against other industry players behind their backs," CZ stated in a tragic tweet on Sunday. He crushed his rival's company two days later.
So does Binance now own FTX?
No. Not yet. CZ has only stated that Binance signed a "letter of intent" to acquire FTX. CZ and SBF say Binance will protect FTX consumers' funds.
Who’s to blame?
You could blame CZ for using his control over FTX to destroy it. SBF is also being criticized for not disclosing the full overlap between FTX and his trading company, which controlled plenty of FTT. If he had been upfront, someone might have warned FTX about this vulnerability earlier, preventing this mess.
Others have alleged that SBF utilized customer monies to patch flaws in his enterprises' balance accounts. That happened to multiple crypto startups that collapsed this spring, which is unfortunate. These are allegations, not proof.
Why does this matter? Isn't this common in crypto?
Crypto is notorious for shady executives and pranks. FTX is the second-largest crypto business, and SBF was largely considered as the industry's golden boy who would help it get on authorities' good side. Thus far.
Does this affect cryptocurrency prices?
Short-term, it's bad. Prices fell on suspicions that FTX was in peril, then rallied when Binance rescued it, only to fall again later on Tuesday.
These occurrences have hurt FTT and SBF's Solana token. It appears like a huge token selloff is affecting the rest of the market. Bitcoin fell 10% and Ethereum 15%, which is bad but not catastrophic for the two largest coins by market cap.
Sam Hickmann
3 years ago
Token taxonomy: Utility vs Security vs NFT
Let's examine the differences between the three main token types and their functions.
As Ethereum grew, the term "token" became a catch-all term for all assets built on the Ethereum blockchain. However, different tokens were grouped based on their applications and features, causing some confusion. Let's examine the modification of three main token types: security, utility, and non-fungible.
Utility tokens
They provide a specific utility benefit (or a number of such). A utility token is similar to a casino chip, a table game ticket, or a voucher. Depending on the terms of issuing, they can be earned and used in various ways. A utility token is a type of token that represents a tool or mechanism required to use the application in question. Like a service, a utility token's price is determined by supply and demand. Tokens can also be used as a bonus or reward mechanism in decentralized systems: for example, if you like someone's work, give them an upvote and they get a certain number of tokens. This is a way for authors or creators to earn money indirectly.
The most common way to use a utility token is to pay with them instead of cash for discounted goods or services.
Utility tokens are the most widely used by blockchain companies. Most cryptocurrency exchanges accept fees in native utility tokens.
Utility tokens can also be used as a reward. Companies tokenize their loyalty programs so that points can be bought and sold on blockchain exchanges. These tokens are widely used in decentralized companies as a bonus system. You can use utility tokens to reward creators for their contributions to a platform, for example. It also allows members to exchange tokens for specific bonuses and rewards on your site.
Unlike security tokens, which are subject to legal restrictions, utility tokens can be freely traded.
Security tokens
Security tokens are essentially traditional securities like shares, bonds, and investment fund units in a crypto token form.
The key distinction is that security tokens are typically issued by private firms (rather than public companies) that are not listed on stock exchanges and in which you can not invest right now. Banks and large venture funds used to be the only sources of funding. A person could only invest in private firms if they had millions of dollars in their bank account. Privately issued security tokens outperform traditional public stocks in terms of yield. Private markets grew 50% faster than public markets over the last decade, according to McKinsey Private Equity Research.
A security token is a crypto token whose value is derived from an external asset or company. So it is governed as security (read about the Howey test further in this article). That is, an ownership token derives its value from the company's valuation, assets on the balance sheet, or dividends paid to token holders.
Why are Security Tokens Important?
Cryptocurrency is a lucrative investment. Choosing from thousands of crypto assets can mean the difference between millionaire and bankrupt. Without security tokens, crypto investing becomes riskier and generating long-term profits becomes difficult. These tokens have lower risk than other cryptocurrencies because they are backed by real assets or business cash flows. So having them helps to diversify a portfolio and preserve the return on investment in riskier assets.
Security tokens open up new funding avenues for businesses. As a result, investors can invest in high-profit businesses that are not listed on the stock exchange.
The distinction between utility and security tokens isn't as clear as it seems. However, this increases the risk for token issuers, especially in the USA. The Howey test is the main pillar regulating judicial precedent in this area.
What is a Howey Test?
An "investment contract" is determined by the Howey Test, a lawsuit settled by the US Supreme Court. If it does, it's a security and must be disclosed and registered under the Securities Act of 1933 and the Securities Exchange Act of 1934.
If the SEC decides that a cryptocurrency token is a security, a slew of issues arise. In practice, this ensures that the SEC will decide when a token can be offered to US investors and if the project is required to file a registration statement with the SEC.
Due to the Howey test's extensive wording, most utility tokens will be classified as securities, even if not intended to be. Because of these restrictions, most ICOs are not available to US investors. When asked about ICOs in 2018, then-SEC Chairman Jay Clayton said they were securities. The given statement adds to the risk. If a company issues utility tokens without registering them as securities, the regulator may impose huge fines or even criminal charges.
What other documents regulate tokens?
Securities Act (1993) or Securities Exchange Act (1934) in the USA; MiFID directive and Prospectus Regulation in the EU. These laws require registering the placement of security tokens, limiting their transfer, but protecting investors.
Utility tokens have much less regulation. The Howey test determines whether a given utility token is a security. Tokens recognized as securities are now regulated as such. Having a legal opinion that your token isn't makes the implementation process much easier. Most countries don't have strict regulations regarding utility tokens except KYC (Know Your Client) and AML (Anti Money-Laundering).
As cryptocurrency and blockchain technologies evolve, more countries create UT regulations. If your company is based in the US, be aware of the Howey test and the Bank Secrecy Act. It classifies UTs and their issuance as money transmission services in most states, necessitating a license and strict regulations. Due to high regulatory demands, UT issuers try to avoid the United States as a whole. A new law separating utility tokens from bank secrecy act will be introduced in the near future, giving hope to American issuers.
The rest of the world has much simpler rules requiring issuers to create basic investor disclosures. For example, the latest European legislation (MiCA) allows businesses to issue utility tokens without regulator approval. They must also prepare a paper with all the necessary information for the investors.
A payment token is a utility token that is used to make a payment. They may be subject to electronic money laws.
Because non-fungible tokens are a new instrument, there is no regulating paper yet. However, if the NFT is fractionalized, the smaller tokens acquired may be seen as securities.
NFT Tokens
Collectible tokens are also known as non-fungible tokens. Their distinctive feature is that they denote unique items such as artwork, merch, or ranks. Unlike utility tokens, which are fungible, meaning that two of the same tokens are identical, NFTs represent a unit of possession that is strictly one of a kind. In a way, NFTs are like baseball cards, each one unique and valuable.
As for today, the most recognizable NFT function is to preserve the fact of possession. Owning an NFT with a particular gif, meme, or sketch does not transfer the intellectual right to the possessor, but is analogous to owning an original painting signed by the author.
Collectible tokens can also be used as digital souvenirs, so to say. Businesses can improve their brand image by issuing their own branded NFTs, which represent ranks or achievements within the corporate ecosystem. Gamifying business ecosystems would allow people to connect with a brand and feel part of a community.
Which type of tokens is right for you as a business to raise capital?
For most businesses, it's best to raise capital with security tokens by selling existing shares to global investors. Utility tokens aren't meant to increase in value over time, so leave them for gamification and community engagement. In a blockchain-based business, however, a utility token is often the lifeblood of the operation, and its appreciation potential is directly linked to the company's growth. You can issue multiple tokens at once, rather than just one type. It exposes you to various investors and maximizes the use of digital assets.
Which tokens should I buy?
There are no universally best tokens. Their volatility, industry, and risk-reward profile vary. This means evaluating tokens in relation to your overall portfolio and personal preferences: what industries do you understand best, what excites you, how do you approach taxes, and what is your planning horizon? To build a balanced portfolio, you need to know these factors.
Conclusion
The three most common types of tokens today are security, utility, and NFT. Security tokens represent stocks, mutual funds, and bonds. Utility tokens can be perceived as an inside-product "currency" or "ignition key" that grants you access to goods and services or empowers with other perks. NFTs are unique collectible units that identify you as the owner of something.
