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How to Annotate Investment Contract

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In this Value Investors Club tutorial, the host discusses Black Knight Inc. (BKI), which is being acquired by ICE for $82.80 in cash and stock. The current market price is $59.75, indicating a 37% discount, suggesting skepticism about the deal's approval due to the aggressive stance of the FTC on mergers. The host believes there’s a greater than 50% chance the acquisition will succeed, as there’s minimal overlap between BKI's loan servicing business and ICE's operations in origination. Investors are advised to conduct their own due diligence before making any decisions.

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What is the howey test explanation?

The Howey Test refers to the U.S. Supreme Court case for determining whether a transaction qualifies as an investment contract. If a transaction is found to be an investment contract, its considered a security.

What are the three requisites of investment contract?

Thus, to be a security subject to regulation by the SEC, an investment contract in our jurisdiction must be proved to be: (1) an investment of money, (2) in a common enterprise, (3) with expectation of profits, (4) primarily from efforts of others.

Why is Bitcoin not a security howey test?

One popular digital is Bitcoin. This coin does not pass the Howey Test. While it does meet the first criteria, it does not satisfy the second or third questions. Bitcoin is not a joint enterprise, and the coin is not reliant on others to increase its value.

How do you draw up an investment contract?

How To Write an Investment Contract The names and addresses of interested parties. The general investment structure. Purpose of the investment. Effective date agreed upon. Signatures by both/all parties.

What should an investment contract include?

Whats an investment agreement? The identity of the company and the investors. The amount being invested. Any conditions on which the investment is being made. Whether there are any preconditions to the investment, for example, that shares will be issued in return for the investment.

Does ethereum pass howey test?

The analysis shows that Ethereum does not satisfy all the criteria of the Howey test, and hence it cannot be considered as a security.

What are the 4 prongs of howey test?

ingly, the Howey four-prong test to be used in determining whether an investment contract exists is: (1) an investment of money, (2) in a common enterprise, (3) with the expectation of profit and (4) to be derived from the efforts of others.

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Annotate Investment Contract