Definition of "Security"

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What this video covers

  • Why the Uniform Securities Act (USA) definition of "security" is deliberately broad, and how that breadth catches profit-sharing agreements, investment contracts, and oil/gas titles
  • The sneaky certificate of deposit distinction: CD for a security is included, but a regular bank CD is explicitly excluded
  • Why fixed annuities are excluded as insurance products, while variable annuities are securities because the investor assumes market risk
  • The four elements of the Howey test: investment of money, common enterprise, expectation of profits, and efforts of others
  • Why courts interpret "solely" from the efforts of others to mean primarily or predominantly, and why minor investor involvement does not escape classification
  • How to apply the Howey test step-by-step to unusual arrangements to determine whether registration is required
  • The consumption-use trap: when a buyer purchases an asset for personal enjoyment rather than financial return, the expectation-of-profits element fails

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This video's complete written lesson is free to read in the CertFuel app, no signup wall. When you're ready to drill the topic, the full Series 63 course adds adaptive practice questions and spaced-repetition flashcards.

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