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Howey Test Applied to Crypto

Securities Tier 2

Analysis of the SEC's Howey Test framework as applied to cryptocurrency tokens, ICOs, and digital assets, with case law analysis and practical classification guidance.

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Related Jurisdictions

Related Frameworks

Key Facts

  • The Andorran National Institute of Finance (INAF), created in 1989, was renamed the Andorran Financial Authority (AFA) in 2018; the AFA is responsible for overseeing all financial services in Andorra, including banks and investment vehicles such as SICAVs. (AD)
  • International Standing: Andorra participates in the Financial Action Task Force (FATF) recommendations but lacks dedicated crypto-specific statutes. (AD)
  • Llei 10/2008, as consolidated by the Decret legislatiu del 12-02-2014, regulates collective investment schemes (OICs) in Andorra, covering securities and financial instruments. (AD)
  • Llei 95/2010 establishes corporate tax rates, including a 0% rate for OICs (source). (AD)
  • Llei 94/2010 governs non-resident income taxation, relevant for crypto transactions involving foreign entities. (AD)
  • Establishment and operation of exchanges. (AD)
  • Issuance and management of tokens classified as investment vehicles. (AD)
  • Provision of custodial services for digital assets. (AD)
  • Customer Due Diligence (CDD): Identification and verification of customers before engagement. (AD)
  • Enhanced Due Diligence (EDD): Required for high-risk transactions or politically exposed persons (PEPs). (AD)
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Last updated: 2026-04-29. View all topics