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Jano le Roux

Jano le Roux

3 years ago

My Top 11 Tools For Building A Modern Startup, With A Free Plan

More on Productivity

Jon Brosio

Jon Brosio

3 years ago

Every time I use this 6-part email sequence, I almost always make four figures.

(And you can have it for free)

Photo by Gustavo Fring from Pexels

Master email to sell anything.

Most novice creators don't know how to begin.

Many use online templates. These are usually fluff-filled and niche-specific.

They're robotic and "salesy."

I've attended 3 courses, read 10 books, and sent 600,000 emails in the past five years.

Outcome?

This *proven* email sequence assures me a month's salary every time I send it.

What you will discover in this article is that:

  • A full 6-part email sales cycle

  • The essential elements you must incorporate

  • placeholders and text-filled images

  • (Applies to any niche)

This can be a product introduction, holiday, or welcome sequence. This works for email-saleable products.

Let's start

Email 1: Describe your issue

This email is crucial.

How to? We introduce a subscriber or prospect's problem. Later, we'll frame our offer as the solution.

Label the:

  • Problem

  • Why it still hasn't been fixed

  • Resulting implications for the customer

This puts our new subscriber in solve mode and queues our offer:

Courtesy | author

Email 2: Amplify the consequences

We're still causing problems.

We've created the problem, but now we must employ emotion and storytelling to make it real. We also want to forecast life if nothing changes.

Let's feel:

  • What occurs if it is not resolved?

  • Why is it crucial to fix it immediately?

  • Tell a tale of a person who was in their position. To emphasize the effects, use a true account of another person (or of yourself):

Courtesy | author

Email 3: Share a transformation story

Selling stories.

Whether in an email, landing page, article, or video. Humanize stories. They give information meaning.

This is where "issue" becomes "solution."

Let's reveal:

  • A tale of success

  • A new existence and result

  • tools and tactics employed

Start by transforming yourself.

Courtesy | author

Email 4: Prove with testimonials

No one buys what you say.

Emotionally stirred people buy and act. They believe in the product. They feel that if they buy, it will work.

Social proof shows prospects that your solution will help them.

Add:

  • Earlier and Later

  • Testimonials

  • Reviews

Proof this deal works:

Courtesy | author

Email 5: Reveal your offer

It's showtime.

This is it. Until now, describing the offer and offering links to a landing page have been sparse in the email pictures.

We've been tense. Gaining steam. Building suspense. Email 5 reveals all.

In this email:

  • a description of the deal

  • A word about a promise

  • recapitulation of the transformation

  • and make a reference to the urgency Everything should be spelled out clearly:

Courtesy | author

Email no. 6: Instill urgency

When there are stakes, humans act.

Creating and marketing with haste raises the stakes. Urgency makes a prospect act because they'll miss out or gain immensely.

Urgency converts. Use:

  • short time

  • Screening

  • Scarcity

Urgency and conversions. Limited-time offers are easy.

Courtesy | author

TL;DR

Use this proven 6-part email sequence (that turns subscribers into profit):

  • Introduce a problem

  • Amplify it with emotions

  • Share transformation story

  • Prove it works with testimonials

  • Value-stack and present your offer

  • Drive urgency and entice the purchase

Recep İnanç

Recep İnanç

3 years ago

Effective Technical Book Reading Techniques

Photo by Sincerely Media on Unsplash

Technical books aren't like novels. We need a new approach to technical texts. I've spent years looking for a decent reading method. I tried numerous ways before finding one that worked. This post explains how I read technical books efficiently.

What Do I Mean When I Say Effective?

Effectiveness depends on the book. Effective implies I know where to find answers after reading a reference book. Effective implies I learned the book's knowledge after reading it.

I use reference books as tools in my toolkit. I won't carry all my tools; I'll merely need them. Non-reference books teach me techniques. I never have to make an effort to use them since I always have them.

Reference books I like:

Non-reference books I like:

The Approach

Technical books might be overwhelming to read in one sitting. Especially when you have no idea what is coming next as you read. When you don't know how deep the rabbit hole goes, you feel lost as you read. This is my years-long method for overcoming this difficulty.

Whether you follow the step-by-step guide or not, remember these:

  • Understand the terminology. Make sure you get the meaning of any terms you come across more than once. The likelihood that a term will be significant increases as you encounter it more frequently.

  • Know when to stop. I've always believed that in order to truly comprehend something, I must delve as deeply as possible into it. That, however, is not usually very effective. There are moments when you have to draw the line and start putting theory into practice (if applicable).

  • Look over your notes. When reading technical books or documents, taking notes is a crucial habit to develop. Additionally, you must regularly examine your notes if you want to get the most out of them. This will assist you in internalizing the lessons you acquired from the book. And you'll see that the urge to review reduces with time.

Let's talk about how I read a technical book step by step.

0. Read the Foreword/Preface

These sections are crucial in technical books. They answer Who should read it, What each chapter discusses, and sometimes How to Read? This is helpful before reading the book. Who could know the ideal way to read the book better than the author, right?

1. Scanning

I scan the chapter. Fast scanning is needed.

  • I review the headings.

  • I scan the pictures quickly.

  • I assess the chapter's length to determine whether I might divide it into more manageable sections.

2. Skimming

Skimming is faster than reading but slower than scanning.

  • I focus more on the captions and subtitles for the photographs.

  • I read each paragraph's opening and closing sentences.

  • I examined the code samples.

  • I attempt to grasp each section's basic points without getting bogged down in the specifics.

  • Throughout the entire reading period, I make an effort to make mental notes of what may require additional attention and what may not. Because I don't want to spend time taking physical notes, kindly notice that I am using the term "mental" here. It is much simpler to recall. You may think that this is more significant than typing or writing “Pay attention to X.”

  • I move on quickly. This is something I considered crucial because, when trying to skim, it is simple to start reading the entire thing.

3. Complete reading

Previous steps pay off.

  • I finished reading the chapter.

  • I concentrate on the passages that I mentally underlined when skimming.

  • I put the book away and make my own notes. It is typically more difficult than it seems for me. But it's important to speak in your own words. You must choose the right words to adequately summarize what you have read. How do those words make you feel? Additionally, you must be able to summarize your notes while you are taking them. Sometimes as I'm writing my notes, I realize I have no words to convey what I'm thinking or, even worse, I start to doubt what I'm writing down. This is a good indication that I haven't internalized that idea thoroughly enough.

  • I jot my inquiries down. Normally, I read on while compiling my questions in the hopes that I will learn the answers as I read. I'll explore those issues more if I wasn't able to find the answers to my inquiries while reading the book.

Bonus!

Best part: If you take lovely notes like I do, you can publish them as a blog post with a few tweaks.

Conclusion

This is my learning journey. I wanted to show you. This post may help someone with a similar learning style. You can alter the principles above for any technical material.

Ethan Siegel

Ethan Siegel

2 years ago

How you view the year will change after using this one-page calendar.

The conventional way we display annual calendars, at left, requires us to examine each month separately, either relegating the full year to a tiny font on a single page or onto 12 separate pages. Instead, the one-page calendar, at right, enables you to find whatever you want all throughout the year. (Credit: E. Siegel, with a public domain conventional calendar at left)

No other calendar is simpler, smaller, and reusable year after year. It works and is used here.

Most of us discard and replace our calendars annually. Each month, we move our calendar ahead another page, thus if we need to know which day of the week corresponds to a given day/month combination, we have to calculate it or flip forward/backward to the corresponding month. Questions like:

  • What day does this year's American Thanksgiving fall on?

  • Which months contain a Friday the thirteenth?

  • When is July 4th? What day of the week?

  • Alternatively, what day of the week is Christmas?

They're hard to figure out until you switch to the right month or look up all the months.

However, mathematically, the answers to these questions or any question that requires matching the day of the week with the day/month combination in a year are predictable, basic, and easy to work out. If you use this one-page calendar instead of a 12-month calendar, it lasts the whole year and is easy to alter for future years. Let me explain.

Rather than a calendar displaying separate images for each month out of the year, this one-page calendar can be used to match up the day of the week with the dates/months of the year with perfect accuracy all in a single view. (Credit: E. Siegel)

The 2023 one-page calendar is above. The days of the month are on the lower left, which works for all months if you know that:

  • There are 31 days in January, March, May, July, August, October, and December.

  • All of the months of April, June, September, and November have 30 days.

  • And depending on the year, February has either 28 days (in non-leap years) or 29 days (in leap years).

If you know this, this calendar makes it easy to match the day/month of the year to the weekday.

Here are some instances. American Thanksgiving is always on the fourth Thursday of November. You'll always know the month and day of the week, but the date—the day in November—changes each year.

On any other calendar, you'd have to flip to November to see when the fourth Thursday is. This one-page calendar only requires:

  • pick the month of November in the top-right corner to begin.

  • drag your finger down until Thursday appears,

  • then turn left and follow the monthly calendar until you reach the fourth Thursday.

To find American Thanksgiving, you need to find the 4th Thursday in November. Using the one-page calendar, start at November, move down to find Thursday, then move to the left to count off to the fourth Thursday in November. In 2023, that date will be November 23rd. (Credit: E. Siegel)

It's obvious: 2023 is the 23rd American Thanksgiving. For every month and day-of-the-week combination, start at the month, drag your finger down to the desired day, and then move to the left to see which dates match.

What if you knew the day of the week and the date of the month, but not the month(s)?

A different method using the same one-page calendar gives the answer. Which months have Friday the 13th this year? Just:

  • begin on the 13th of the month, the day you know you desire,

  • then swipe right with your finger till Friday appears.

  • and then work your way up until you can determine which months the specific Friday the 13th falls under.

If you know which date/day-of-the-week combination you’re seeking but don’t know which months will meet that criteria, start with the date (1–31), move to the right until you find the day of the week you want, then move up and find which months match that criteria. Every year will always have at least one such combination. (Credit: E. Siegel)

One Friday the 13th occurred in January 2023, and another will occur in October.

The most typical reason to consult a calendar is when you know the month/day combination but not the day of the week.

Compared to single-month calendars, the one-page calendar excels here. Take July 4th, for instance. Find the weekday here:

  • beginning on the left on the fourth of the month, as you are aware,

  • also begin with July, the month of the year you are most familiar with, at the upper right,

  • you should move your two fingers in the opposite directions till they meet: on a Tuesday in 2023.

That's how you find your selected day/month combination's weekday.

If you were curious as to which day of the week July 4th, 2023 fell on, rather than flipping a conventional calendar to July and seeing, you could trace “4” to the right and “July” down, finding where they meet (on a Tuesday) revealing the day-of-the-week. (Credit: E. Siegel)

Another example: Christmas. Christmas Day is always December 25th, however unless your conventional calendar is open to December of your particular year, a question like "what day of the week is Christmas?" difficult to answer.

Unlike the one-page calendar!

Remember the left-hand day of the month. Top-right, you see the month. Put two fingers, one from each hand, on the date (25th) and the month (December). Slide the day hand to the right and the month hand downwards until they touch.

They meet on Monday—December 25, 2023.

Using the one-page calendar for 2023, you can figure out the day-of-the-week of any calendar day by placing one finger on the “date” at left and another on the “month” at top. By moving your fingers respectively to the right and down, where they meet will reveal the day of the week to you. (Credit: E. Siegel)

For 2023, that's fine, but what happens in 2024? Even worse, what if we want to know the day-of-the-week/day/month combo many years from now?

I think the one-page calendar shines here.

Except for the blue months in the upper-right corner of the one-page calendar, everything is the same year after year. The months also change in a consistent fashion.

Each non-leap year has 365 days—one more than a full 52 weeks (which is 364). Since January 1, 2023 began on a Sunday and 2023 has 365 days, we immediately know that December 31, 2023 will conclude on a Sunday (which you can confirm using the one-page calendar) and that January 1, 2024 will begin on a Monday. Then, reorder the months for 2024, taking in mind that February will have 29 days in a leap year.

This image shows the one-page calendar view for the next leap year we’re going to experience: 2024. Note that the monthly patterns have changed from how they were in a non-leap year, displaying a new pattern unique to leap years, corresponding to the fact that February has 29 days instead of 28. (Credit: E. Siegel)

Please note the differences between 2023 and 2024 month placement. In 2023:

  • October and January began on the same day of the week.

  • On the following Monday of the week, May began.

  • August started on the next day,

  • then the next weekday marked the start of February, March, and November, respectively.

  • Unlike June, which starts the following weekday,

  • While September and December start on the following day of the week,

  • Lastly, April and July start one extra day later.

Since 2024 is a leap year, February has 29 days, disrupting the rhythm. Month placements change to:

  • The first day of the week in January, April, and July is the same.

  • October will begin the following day.

  • Possibly starting the next weekday,

  • February and August start on the next weekday,

  • beginning on the following day of the week between March and November,

  • beginning the following weekday in June,

  • and commencing one more day of the week after that, September and December.

Due to the 366-day leap year, 2025 will start two days later than 2024 on January 1st.

The non-leap year 2025 has the same calendar as 2023, expect with the days-of-the-week that each month begins on shifted forward by three days for each month. This is because 2023 was not a leap year and 2024 was, meaning that an extra 3 days are needed over and above the 104 full weeks contained in 2023 and 2024 combined. (Credit: E. Siegel)

Now, looking at the 2025 calendar, you can see that the 2023 pattern of which months start on which days is repeated! The sole variation is a shift of three days-of-the-week ahead because 2023 had one more day (365) than 52 full weeks (364), and 2024 had two more days (366). Again,

  • On Wednesday this time, January and October begin on the same day of the week.

  • Although May begins on Thursday,

  • August begins this Friday.

  • March, November, and February all begin on a Saturday.

  • Beginning on a Sunday in June

  • Beginning on Monday are September and December,

  • and on Tuesday, April and July begin.

In 2026 and 2027, the year will commence on a Thursday and a Friday, respectively.

The one-page calendars for 2026 and 2027, as shown next to one another. Note that the calendars are identical, save that the day-of-the-week that each month begins on is shifted by one day from the prior year to the next. This occurs every time a non-leap year is followed by another non-leap year. (Credit: E. Siegel)

We must return to our leap year monthly arrangement in 2028. Yes, January 1, 2028 begins on a Saturday, but February, which begins on a Tuesday three days before January, will have 29 days. Thus:

  • Start dates for January, April, and July are all Saturdays.

  • Given that October began on Sunday,

  • Although May starts on a Monday,

  • beginning on a Tuesday in February and August,

  • Beginning on a Wednesday in March and November,

  • Beginning on Thursday, June

  • and Friday marks the start of September and December.

This is great because there are only 14 calendar configurations: one for each of the seven non-leap years where January 1st begins on each of the seven days of the week, and one for each of the seven leap years where it begins on each day of the week.

This example of a one-page calendar, which represents the year 2028, will be valid for all leap years that begin with January 1st on a Saturday. The leap year version of the one-page calendar repeats every 28 years, unless you pass a non-leap year ending in “00,” in which case the repeat will either be 12 or 40 years instead. (Credit: E. Siegel)

The 2023 calendar will function in 2034, 2045, 2051, 2062, 2073, 2079, 2090, 2102, 2113, and 2119. Except when passing over a non-leap year that ends in 00, like 2100, the repeat time always extends to 12 years or shortens to an extra 6 years.

  • The pattern is repeated in 2025's calendar in 2031, 2042, 2053, 2059, 2070, 2081, 2087, 2098, 2110, and 2121.

  • The extra 6-year repeat at the end of the century on the calendar for 2026 will occur in the years 2037, 2043, 2054, 2065, 2071, 2082, 2093, 2099, 2105, and 2122.

  • The 2027s calendar repeats in 2038, 2049, 2055, 2066, 2077, 2083, 2094, 2100, 2106, and 2117, almost exactly matching the 2026s pattern.

For leap years, the recurrence pattern is every 28 years when not passing a non-leap year ending in 00, or 12 or 40 years when we do. 2024's calendar repeats in 2052, 2080, 2120, 2148, 2176, and 2216; 2028's in 2056, 2084, 2124, 2152, 2180, and 2220.

Knowing January 1st and whether it's a leap year lets you construct a one-page calendar for any year. Try it—you might find it easier than any other alternative!

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Joseph Mavericks

Joseph Mavericks

3 years ago

The world's 36th richest man uses a 5-step system to get what he wants.

Ray Dalio's super-effective roadmap 

Ray Dalio's $22 billion net worth ranks him 36th globally. From 1975 to 2011, he built the world's most successful hedge fund, never losing more than 4% from 1991 to 2020. (and only doing so during 3 calendar years). 

Dalio describes a 5-step process in his best-selling book Principles. It's the playbook he's used to build his hedge fund, beat the markets, and face personal challenges. 

This 5-step system is so valuable and well-explained that I didn't edit or change anything; I only added my own insights in the parts I found most relevant and/or relatable as a young entrepreneur. The system's overview: 

  1. Have clear goals 

  2. Identify and don’t tolerate problems 

  3. Diagnose problems to get at their root causes 

  4. Design plans that will get you around those problems 

  5. Do what is necessary to push through the plans to get results 

If you follow these 5 steps in a virtuous loop, you'll almost always see results. Repeat the process for each goal you have. 

1. Have clear goals 

a) Prioritize: You can have almost anything, but not everything. 

I started and never launched dozens of projects for 10 years because I was scattered. I opened a t-shirt store, traded algorithms, sold art on Instagram, painted skateboards, and tinkered with electronics. I decided to try blogging for 6 months to see where it took me. Still going after 3 years. 

b) Don’t confuse goals with desires. 

A goal inspires you to act. Unreasonable desires prevent you from achieving your goals. 

c) Reconcile your goals and desires to decide what you want. 

d) Don't confuse success with its trappings. 

e) Never dismiss a goal as unattainable. 

Always one path is best. Your perception of what's possible depends on what you know now. I never thought I'd make money writing online so quickly, and now I see a whole new horizon of business opportunities I didn't know about before. 

f) Expectations create abilities. 

Don't limit your abilities. More you strive, the more you'll achieve. 

g) Flexibility and self-accountability can almost guarantee success. 

Flexible people accept what reality or others teach them. Self-accountability is the ability to recognize your mistakes and be more creative, flexible, and determined. 

h) Handling setbacks well is as important as moving forward. 

Learn when to minimize losses and when to let go and move on. 

2. Don't ignore problems 

a) See painful problems as improvement opportunities. 

Every problem, painful situation, and challenge is an opportunity. Read The Art of Happiness for more. 

b) Don't avoid problems because of harsh realities. 

Recognizing your weaknesses isn't the same as giving in. It's the first step in overcoming them. 

c) Specify your issues. 

There is no "one-size-fits-all" solution. 

d) Don’t mistake a cause of a problem with the real problem. 

"I can't sleep" is a cause, not a problem. "I'm underperforming" could be a problem. 

e) Separate big from small problems. 

You have limited time and energy, so focus on the biggest problems. 

f) Don't ignore a problem. 

Identifying a problem and tolerating it is like not identifying it. 

3. Identify problems' root causes 

a) Decide "what to do" after assessing "what is." 

"A good diagnosis takes 15 to 60 minutes, depending on its accuracy and complexity. [...] Like principles, root causes recur in different situations. 

b) Separate proximate and root causes. 

"You can only solve problems by removing their root causes, and to do that, you must distinguish symptoms from disease." 

c) Knowing someone's (or your own) personality can help you predict their behavior. 

4. Design plans that will get you around the problems 

a) Retrace your steps. 

Analyze your past to determine your future. 

b) Consider your problem a machine's output. 

Consider how to improve your machine. It's a game then. 

c) There are many ways to reach your goals. 

Find a solution. 

d) Visualize who will do what in your plan like a movie script. 

Consider your movie's actors and script's turning points, then act accordingly. The game continues. 

e) Document your plan so others can judge your progress. 

Accountability boosts success. 

f) Know that a good plan doesn't take much time. 

The execution is usually the hardest part, but most people either don't have a plan or keep changing it. Don't drive while building the car. Build it first, because it'll be bumpy. 

5. Do what is necessary to push through the plans to get results 

a) Great planners without execution fail. 

Life is won with more than just planning. Similarly, practice without talent beats talent without practice. 

b) Work ethic is undervalued. 

Hyper-productivity is praised in corporate America, even if it leads nowhere. To get things done, use checklists, fewer emails, and more desk time. 

c) Set clear metrics to ensure plan adherence. 

I've written about the OKR strategy for organizations with multiple people here. If you're on your own, I recommend the Wheel of Life approach. Both systems start with goals and tasks to achieve them. Then start executing on a realistic timeline. 

If you find solutions, weaknesses don't matter. 

Everyone's weak. You, me, Gates, Dalio, even Musk. Nobody will be great at all 5 steps of the system because no one can think in all the ways required. Some are good at analyzing and diagnosing but bad at executing. Some are good planners but poor communicators. Others lack self-discipline. 

Stay humble and ask for help when needed. Nobody has ever succeeded 100% on their own, without anyone else's help. That's the paradox of individual success: teamwork is the only way to get there. 

Most people won't have the skills to execute even the best plan. You can get missing skills in two ways: 

  1. Self-taught (time-consuming) 

  2. Others' (requires humility) light

On knowing what to do with your life 

“Some people have good mental maps and know what to do on their own. Maybe they learned them or were blessed with common sense. They have more answers than others. Others are more humble and open-minded. […] Open-mindedness and mental maps are most powerful.” — Ray Dalio 

I've always known what I wanted to do, so I'm lucky. I'm almost 30 and have always had trouble executing. Good thing I never stopped experimenting, but I never committed to anything long-term. I jumped between projects. I decided 3 years ago to stick to one project for at least 6 months and haven't looked back. 

Maybe you're good at staying focused and executing, but you don't know what to do. Maybe you have none of these because you haven't found your purpose. Always try new projects and talk to as many people as possible. It will give you inspiration and ideas and set you up for success. 

There is almost always a way to achieve a crazy goal or idea. 

Enjoy the journey, whichever path you take.

Cory Doctorow

Cory Doctorow

3 years ago

The downfall of the Big Four accounting companies is just one (more) controversy away.

Economic mutual destruction.

Multibillion-dollar corporations never bothered with an independent audit, and they all lied about their balance sheets.

It's easy to forget that the Big Four accounting firms are lousy fraud enablers. Just because they sign off on your books doesn't mean you're not a hoax waiting to erupt.

This is *crazy* Capitalism depends on independent auditors. Rich folks need to know their financial advisers aren't lying. Rich folks usually succeed.

No accounting. EY, KPMG, PWC, and Deloitte make more money consulting firms than signing off on their accounts.

The Big Four sign off on phony books because failing to make friends with unscrupulous corporations may cost them consulting contracts.

The Big Four are the only firms big enough to oversee bankruptcy when they sign off on fraudulent books, as they did for Carillion in 2018. All four profited from Carillion's bankruptcy.

The Big Four are corrupt without any consequences for misconduct. Who can forget when KPMG's top management was fined millions for helping auditors cheat on ethics exams?

Consulting and auditing conflict. Consultants help a firm cover its evil activities, such as tax fraud or wage theft, whereas auditors add clarity to a company's finances. The Big Four make more money from cooking books than from uncooking them, thus they are constantly embroiled in scandals.

If a major scandal breaks, it may bring down the entire sector and substantial parts of the economy. Jim Peterson explains system risk for The Dig.

The Big Four are voluntary private partnerships where accountants invest their time, reputations, and money. If a controversy threatens the business, partners who depart may avoid scandal and financial disaster.

When disaster looms, each partner should bolt for the door, even if a disciplined stay-and-hold posture could weather the storm. This happened to Arthur Andersen during Enron's collapse, and a 2006 EU report recognized the risk to other corporations.

Each partner at a huge firm knows how much dirty laundry they've buried in the company's garden, and they have well-founded suspicions about what other partners have buried, too. When someone digs, everyone runs.

If a firm confronts substantial litigation damages or enforcement penalties, it could trigger the collapse of one of the Big Four. That would be bad news for the firm's clients, who would have trouble finding another big auditor.

Most of the world's auditing capacity is concentrated in four enormous, brittle, opaque, compromised organizations. If one of them goes bankrupt, the other three won't be able to take on its clients.

Peterson: Another collapse would strand many of the world's large public businesses, leaving them unable to obtain audit views for their securities listings and regulatory compliance.

Count Down: The Past, Present, and Uncertain Future of the Big Four Accounting Firms is in its second edition.

https://www.emerald.com/insight/publication/doi/10.1108/9781787147003

Nathan Reiff

Nathan Reiff

3 years ago

Howey Test and Cryptocurrencies: 'Every ICO Is a Security'

What Is the Howey Test?

To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts." 

The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.

Understanding the Howey Test

The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land. 

The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.

This established four criteria for determining an investment contract. Investing contract:

  1. An investment of money
  2. n a common enterprise
  3. With the expectation of profit
  4. To be derived from the efforts of others

In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.

Howey Test and Cryptocurrencies

Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.

The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test. 

Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."

For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.

These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."

Special Considerations

If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register. 

In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry. 

Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities. 

SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'

Howey Test FAQs

How Do You Determine If Something Is a Security?

The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.

The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.

Why Is Bitcoin Not a Security?

Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.

Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities. 

A Security Defined by the SEC

In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.

The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:

  • An investment contract's existence
  • The formation of a common enterprise
  • The issuer's profit promise
  • Third-party promotion of the offering

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