Peer-to-Peer Lending in Germany

Journal of European Consumer and Market Law (EuCML), 5 (2016), 224-226

7 Pages Posted: 1 Aug 2018

See all articles by Moritz Renner

Moritz Renner

University of Mannheim - Faculty of Law

Date Written: 2016

Abstract

The supervisory regulation of P2P lending in Germany is very strict. It tends to treat the P2P lending business in largely the same manner as the traditional lending business by banks. From a legal policy perspective, this regulatory approach seems hardly justified as P2P lending without intermediary banks avoids many of the risks associated with the lending business of traditional depositary institutions, which arise out of the maturity, lot size and risk transformation performed by the bank as an intermediary. From a pragmatic, lawyerly perspective P2P lending platforms wanting to be active on the German market have to develop rather sophisticated contracting structure in order to avoid the market entry barriers erected by supervisory legislation.

Keywords: Fintech, P2P Lending, Banking, Peer-to-Peer, Lending, Securities Regulation

Suggested Citation

Renner, Moritz, Peer-to-Peer Lending in Germany (2016). Journal of European Consumer and Market Law (EuCML), 5 (2016), 224-226, Available at SSRN: https://ssrn.com/abstract=3213523

Moritz Renner (Contact Author)

University of Mannheim - Faculty of Law ( email )

68131 Mannheim
Germany

HOME PAGE: http://www.jura.uni-mannheim.de/renner

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