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Okay. What is an investment contract for purposes of the securities law? Well generally its an investment of money in a common enterprise with the expectation of profits from that investment and the profits are based solely upon the efforts of others. Okay. So lets break each of those down. So an investment of money, all right, youre putting assets into a business entity youre capitalizing the business in a common enterprise. Well this is generally any form of concerted business activity right any form of carrying on business for an intended profit. The next element is the expectation of profits that is your investment is going to return something. Now it may not be in the traditional form of profits it could even be an expectation of losses to offset perhaps some other gains in another situation, still this qualifies under the expectation of gains or profits from your investment in the activity. And then the last one which is a key element derived solely from the efforts of others
