Peer-To-Peer Lending and Equity-Based Crowd Funding - Status Quo and the Leap Forward

Abstract

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.