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    • Failing the test or having authorisation withdrawn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
Available dates (0)
Purchase course documentation
Course Notes - Crowdfunding: Regulation and Legal Issues £60

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