PEER-TO-PEER LENDING AND EQUITY-BASED CROWD FUNDING – STATUS QUO AND THE LEAP FORWARD
This paper intends to evaluate the modern-day concepts of public fund raising under the aegis of ‘peer-to-peer lending’ and ‘equity-based crowdfunding’ and to highlight their importance in the current world market scenario. It traces the evolution of crowd funding and highlights its practical functioning with noteworthy illustrations and statistical analysis. This paper intends to address the dire need for regulation of these activities, by bringing to light the deficiencies and lacunae in the extant laws and suggested solutions thereto. In furtherance of the said objective, a double faceted approach is taken. First, the paper examines the parallel international practices of such regulations in the United States of America, United Kingdom, China, France, New Zealand, Korea etc. and then it evaluates extant Indian laws. The paper has also dissected the attempts made by regulatory bodies in India, such as the Reserve Bank of India’s Non-Banking Financial Company – Peer to Peer Lending Platform (Reserve Bank) Directions, 2017 and the Securities and exchange Board of India’s Consultation Paper on Crowdfunding in India, 2014 which aim to regulate these activities. The paper recognizes the dire need for a meticulous regulation of equity-based crowdfunding and for this purpose concludes with suggestions. The paper highlights the need for introduction of interest cap on peer-to-peer lending, introduction of a ‘cooling-off’ period for investments by retail investors in Equity crowdfunding, additions to investor education and risk undertaking by investors, strengthening suggested valuation standards etc.
All contributors are supposed to send a self attested letter stating the originality and consent of publication in the NU Law Journal. In case of two authors, one of the authors should sign the copyrights of their papers and send a copy to the Editor-In-Chief. All open access articles are distributed under the terms of the Creative Commons Attribution license, which permits unrestricted use, distribution and reproduction in any medium, provided that the original work is properly cited.
The use of general descriptive names, trade names, trademarks, and so forth in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations.