The Need for Suitability and Appropriateness in Crowdfunding Regulation

The Need for Suitability and Appropriateness in Crowdfunding Regulation
Author: Maria Lucia Passador
Publisher:
Total Pages: 19
Release: 2019
Genre:
ISBN:

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Fueled by the rapid development of innovative offerings designed to meet the needs of financial institutions, the FinTech sector witnessed a sharp increase over the past few years, thus requiring a constant update of financial regulation to keep pace with the evolution of the 21st century markets. In this context, raising arm's length finance from dispersed investors thanks to crowdfunding undeniably represented one of the first and foremost complementary sources of funds for new companies which are preferred to traditional ones. In order to pursue their goals, thanks to the relevant technological improvement, funders are allowed to raise money in return for equity shares, interests, products, services, or even for the sake of donation.After sketching the major points of crowdfunding regulations - focusing primarily on the pioneering, Italian system - and after considering the rules of conduct in the field of investment services both in theory and in practice, the present piece will explore how the rules of suitability and appropriateness combine with financial regulation 2.0 and, specifically, with crowdfunding. The aim of the study is to support the conclusion that (i) crowdfunding deserves attention in light of the growing importance it assumed at the international level and in light of the Markets in Financial Instruments Directive evolution in the field of investment services; (ii) although harmonization might seem bold in the current scenario, especially in light of the Report on Crowdfunding in the EU Capital Market Union, it would represent a valuable aim to be pursued by the legislator.--The topic is explored through a comparative lens -- outlining a detailed framework of the characteristics of the platforms; focusing on the Italian experience, as it was the first (at least European) country where there was a specific regulation on the topic; providing suggestions for policymakers and ideas for further research -- in :Passador, Maria Lucia, Crowdf(o)unding in context (2016), in Handbook of Global Financial Markets Transformations, Dependence, and Risk Spillovers, edited by Sabri Boubaker and Duc Khuong Nguyen, World Scientific, 2019, chapter 24, 611-645.The paper was written in 2016, and is intended to be updated to that date, as it was not possible to intervene during printing.

Legal Aspects of Crowdfunding

Legal Aspects of Crowdfunding
Author: Caroline Kleiner
Publisher: Springer Nature
Total Pages: 563
Release: 2021-11-05
Genre: Law
ISBN: 3030792641

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This book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.

Regulation on European Crowdfunding Service Providers for Business

Regulation on European Crowdfunding Service Providers for Business
Author: Eugenia Macchiavello
Publisher: Edward Elgar Publishing
Total Pages: 929
Release: 2022-12-13
Genre: Law
ISBN: 1802209948

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This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States’ adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation.

The EU Crowdfunding Regulation

The EU Crowdfunding Regulation
Author: Pietro Ortolani
Publisher: Oxford University Press
Total Pages: 401
Release: 2022
Genre: Crowd funding
ISBN: 0192856391

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This book is an in-depth and timely analysis of the EU Crowdfunding Regulation. Striking a balance between academic scrutiny and practical context, and drawing upon various aspects of financial law, consumer law, and dispute resolution, it is invaluable for practitioners and academics seeking to understand an innovative alternative mode of funding.

Handbook Of Global Financial Markets: Transformations, Dependence, And Risk Spillovers

Handbook Of Global Financial Markets: Transformations, Dependence, And Risk Spillovers
Author: Sabri Boubaker
Publisher: World Scientific
Total Pages: 828
Release: 2019-06-27
Genre: Business & Economics
ISBN: 9813236663

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The objective of this handbook is to provide the readers with insights about current dynamics and future potential transformations of global financial markets. We intend to focus on four main areas: Dynamics of Financial Markets; Financial Uncertainty and Volatility; Market Linkages and Spillover Effects; and Extreme Events and Financial Transformations and address the following critical issues, but not limited to: market integration and its implications; crisis risk assessment and contagion effects; financial uncertainty and volatility; role of emerging financial markets in the global economy; role of complex dynamics of economic and financial systems; market linkages, asset valuation and risk management; exchange rate volatility and firm-level exposure; financial effects of economic, political and social risks; link between financial development and economic growth; country risks; and sovereign debt markets.

Advances in Crowdfunding

Advances in Crowdfunding
Author: Rotem Shneor
Publisher: Springer Nature
Total Pages: 543
Release: 2020
Genre: Business enterprises
ISBN: 3030463095

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This open access book presents a comprehensive and up-to-date collection of knowledge on the state of crowdfunding research and practice. It considers crowdfunding models and their different manifestations across a variety of geographies and sectors, and explores the perspectives of fundraisers, backers, platforms, and regulators. Gathering insights from a wide range of influential researchers in the field, the book balances concepts, theory, and case studies. Going beyond previous research on crowdfunding, the contributors also investigate issues of community, sustainability, education, and ethics. A vital resource for anyone researching crowdfunding, this book offers readers a deep understanding of the characteristics, business models, user-relations, and behavioural patterns of crowdfunding.

European Financial Regulation

European Financial Regulation
Author: Veerle Colaert
Publisher: Bloomsbury Publishing
Total Pages: 384
Release: 2019-12-26
Genre: Law
ISBN: 1509926461

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Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.

Crowdfunding in the Public Sector

Crowdfunding in the Public Sector
Author: Regina Lenart-Gansiniec
Publisher: Springer Nature
Total Pages: 204
Release: 2021-07-27
Genre: Business & Economics
ISBN: 303077841X

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In recent years, crowdfunding has become important and it has been enthusiastically used not only by commercial organizations but also by the public sector. This alternative source of financing in times of constrained government budgets enables citizens to vote with their dollars online to bring ideas into reality. This book sheds light on the developing concept of crowdfunding in the public sector, with an overview of current academic discussions and best practices on crowdfunding in the public sector. The volume approaches crowdfunding in the public sector from an integrated perspective, addressing the dearth of publications on the subject. The book gathers a wealth of theoretical information, ideas, best practices and lessons learned in the context of executing concrete crowdfunding projects, and assess methodological approaches to integrating the topic of crowdfunding in public organizations curricula. The book provides definitions, insights and examples of this managerial perspective resulting in a theoretical framework of crowdfunding in the public sector. The contributors also explore different crowdfunding applications in public sectors such as local government, higher education, schools, arts & culture organizations, healthcare, energy sector, and police services, which are presented in several case studies. This is a unique book in the field that points the way forward both for policymakers and for the research community in terms of thinking about crowdfunding in the public sector and the complex issues surrounding its development.

The Economics of Crowdfunding

The Economics of Crowdfunding
Author: Douglas Cumming
Publisher: Springer
Total Pages: 291
Release: 2018-01-30
Genre: Business & Economics
ISBN: 3319661191

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This book focuses on various types of crowdfunding and the lessons learned from academic research. Crowdfunding, a new and important source of financing for entrepreneurs, fills a funding gap that was traditionally difficult to close. Chapters from expert contributors define and carefully evaluate the various market segments: donation-based and reward-based crowdfunding, crowdinvesting and crowdlending. They further provide an assessment of startups, market structure, as well as backers and investors for each segment. Attention is given to the theoretical and empirical findings from the recent economics and finance literature. Furthermore, the authors evaluate relevant regulatory efforts in several jurisdictions. This book will appeal to finance, entrepreneurship and legal scholars as well as entrepreneurs and platform operators.

Crowdfunding in Europe

Crowdfunding in Europe
Author: Dennis Brüntje
Publisher: Springer
Total Pages: 251
Release: 2015-08-20
Genre: Business & Economics
ISBN: 3319180177

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Crowdfunding is becoming an increasingly popular method to finance projects of every kind and scale. This contributed volume is one of the earliest books presenting scientific and research-based perspectives of crowdfunding, its development, and future. The European Crowdfunding Network (ECN) and its scientific work group, together with FGF e.V., invited both researchers and practitioners to contribute to this first state-of-the-art edited volume on crowdfunding in Europe. This book contributes to a better comprehension of crowdfunding, encourages further fundamental research and contributes to a systematization of this new field of research. The book also features expert contributions by practitioners to enhance and complement the scientific perspective. This book can be used as a guideline and shall advance classification in an emerging research field.