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Course Crowdfunding: Regulation and Legal Issues


Crowdfunding is a way of raising money (for example for a business venture) by inviting a large number of people to invest a small amount of money. This alternative to more traditional methods of fundraising such as bank loans is becoming increasingly popular, but, as is the case with many emerging trends, the regulation of crowdfunding is far from straightforward.

This half-day course is aimed at legal practitioners who want to know about the regulation of crowdfunding and those in the crowdfunding business who want to understand how they are regulated.

The seminar defines crowdfunding, looks at non-regulated types of crowdfunding and then concentrates on two types of crowdfunding which are regulated: peer to peer lending and equity based crowdfunding.

The course will cover:

  • Different types of crowdfunding and their regulatory status
  • How equity based crowdfunding can be marketed
  • Peer to peer lending
    • What counts as peer to peer lending: financial limits
    • Assessing creditworthiness
    • Capital requirements
    • Disclosures to prospective lenders
    • What happens when a borrower becomes insolvent?
    • Advising on peer to peer lending

  • Financial Conduct Authority authorisation
    • Requirements of the FCA Handbook
    • FCA Threshold Conditions and Principles
    • Failing the test or having authorisation withdrawn

  • How the Consumer Credit Act 1974 applies to peer to peer lending
  • Cancellation rights and the Distance Marketing Directive, implemented by the Financial Services (Distance Marketing) Regulations 2004
  • Contracts and unfair contract terms
    • Consumer Rights Act 2015: duties to individual investors who are consumers
    • Supply of Goods and Services Act 1982: duties to investors who are businesses
    • Onerous and unusual contract terms: examples relevant to crowdfunding contracts
    • Consumer Protection from Unfair Trading Regulations 2008 No 1277: criminality in contract terms

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3 hours


Package Price
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Non Member

(Excluding VAT)


Richard HumphreysDetails




Tue 15 Oct 2019 Book

14:00 | London
Richard Humphreys

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