Systematic and Conceptual Framework for Crowdfunding Regulation
Revista De Derecho Del Mercado Financiero Working Paper 5/2019
16 Pages Posted: 5 Sep 2019
Date Written: August 29, 2019
Crowdfunding is a financial service that connects investors with business developers seeking financing through a platform. There are two forms: investment crowdfunding in the strict sense, whether equity or debt crowdfunding, and credit crowdfunding, which includes loans as the most usual model. In this paper we deal with the systematic and conceptual framework for crowdfunding regulation. We do so from a functional perspective. The form in which raising financing is implemented, whether through securities or loans, does not alter its function. Regulation of crowdfunding is guided by the same principles as the rest of financial services. Applying outmoded solutions for a market not based on current technology would be a mistake. The diversity of local frameworks is giving way to a degree of confluence from which certain considerations can be extracted. Reforms are guiding the legal framework towards the same type of solutions.
Keywords: Crowdfunding, Fintech, MiFID, Platform Economy, ESMA
JEL Classification: E21, E22
Suggested Citation: Suggested Citation