07 May IS THIS TRAINING PROGRAM A SECURITY THAT MUST BE REGISTERED WITH THE SEC?
Motivation Mentors, Inc. (Motivation) is a Florida corporation that offers self- improvement courses for improving self-motivation and sales ability. For a fee, Motivation provides the purchaser CDs and written materials on motivation and sales. In addition, for additional fees, the purchaser can get more advanced training and the opportunity to help sell the courses to others and to receive part of the purchase price as a commission. There were four different levels of advanced training.
The task of purchasers participating in the sales program is to bring prospective purchasers to training meetings, which were conducted by Motivation people. The Motivation people dressed in expensive clothes, displayed large sums of cash, drove new expensive automobiles, and engaged in hard sell tactics to induce prospects to sign up for advanced training and participate in selling the courses to others.
Is this training program a security that must be registered with the SEC? Please discuss the rules that support your conclusion using an IRAC analysis. Be sure to cite your sources.
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