Feedback Paper on the Regulation of Crowdfunding in Ireland - Following on from public consultation - Finance.gov.ie

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Feedback Paper on the Regulation of Crowdfunding in Ireland - Following on from public consultation - Finance.gov.ie
Feedback Paper on the Regulation
of Crowdfunding in Ireland

Following on from public consultation
January 2018
Feedback Paper on the Regulation of Crowdfunding in Ireland - Following on from public consultation - Finance.gov.ie
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

INTRODUCTION

                                                                              |3
Department of Finance | Paper for Policy Committee on Crowdfunding

                                          BACKGROUND TO THE
                                          PUBLIC CONSULTATION

                                          IFS 2020 ACTION PLAN
                                          2017
                                         The 2017 IFS 2020 Action Plan commits the Department of Finance to
                                         conduct a public consultation on the potential regulation of crowdfunding in
                                         Ireland, having regard to emerging international best practice and in the
                                         context of the EU Commission Action Plan on Building a Capital Markets
                                         Union.1 IFS 2020 is the Government’s five-year strategy for driving the
                                         growth and development of the International Financial Services sector in
                                         Ireland, aiming to create 10,000 new jobs. In this regard, the European
                                         Commission has recognised that crowdfunding is part of the broader FinTech
                                         universe and has potentially transformative implications for the financial
                                         system.2

                                         Crowdfunding is an innovative, technology-based form of finance that can be
                                         a valuable source of funding for SMEs, either as a complement, or as an
                                         alternative, to traditional bank finance. Crowdfunding can also provide
                                         consumers and smaller investors with a higher rate of return, at a higher risk,
                                         than is generally available from deposits or traditional investments.

                                         Crowdfunding does not involve raising finance from one single source such
                                         as a bank. Rather, crowdfunding involves obtaining small amounts of
                                         individual funding from a large number of different sources through online
                                         platforms. These online platforms match lenders and investors with
                                         businesses or individuals seeking funding and arranges payments between
                                         them.

                                         Crowdfunding falls into two general categories, non-financial and financial.
                                         Financial forms of crowdfunding involve the expectation of a financial return
                                         on behalf of the lender or investor. Non-financial crowdfunding is not
                                         considered to involve lending or investment type activity as there is no
                                         expectation of financial return. Therefore, non-financial crowdfunding was
                                         not considered as part of the public consultation on the regulation of
                                         crowdfunding.

1
    http://www.finance.gov.ie/sites/default/files/17-01-16%20IFS2020%20Action%20Plan%20FINAL%20for%20web_0.pdf
2
    http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015DC0468&from=EN
4|
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Crowdfunding is not currently a regulated activity in Ireland. Given this, there
are no formal consumer protections available for those using crowdfunding
platforms to provide funds. Consequently, the Central Bank of Ireland has
issued an information notice alerting consumers to this fact, available at:

https://www.centralbank.ie/consumer-hub/consumer-notices/consumer-
notice-on-crowdfunding-including-peer-to-peer-lending/

The Department of Finance conducted a six-week public consultation process
on the regulation of crowdfunding that closed on 2nd June 2017.3

The European Commission recently proposed a pan-European regulatory
regime for crowdfunding in its 2018 work programme stating, “…we will make
proposals to tackle the interaction between finance and technology and we
will propose rules on crowd and peer-to-peer funding. 4

This will involve a proposal for an EU framework on crowd and peer to peer
financing, and will include a legislative proposal, under Article 114 TFEU in Q1
2018, including an impact assessment.5

The European Commission’s work programme was published after the
completion of the Department of Finance public consultation on the regulation
of crowdfunding.

3
  http://www.finance.gov.ie/sites/default/files/200417%20Final%20Crowdfunding%20Consultation%20Paper.pdf
4
  https://ec.europa.eu/info/sites/info/files/cwp_2018_en.pdf at page 5.
5
  https://ec.europa.eu/info/sites/info/files/cwp_2018_annex_i_en.pdf at p.4, no.10.
                                                                                                                   |5
Department of Finance | Paper for Policy Committee on Crowdfunding

                                CROWDFUNDING IN
                                IRELAND AND THE
                                INTERNATIONAL
                                CONTEXT

6|
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

                                            CROWDFUNDING IN
                                            IRELAND

                                            Size of the crowdfunding market in Ireland

                                           The crowdfunding market in Ireland is relatively small. There are currently
                                           only three crowdfunding platforms operating in the market, all of which
                                           provide peer-to-peer lending services. There are no equity crowdfunding
                                           platforms operating in Ireland currently.6 Currently, crowdfunding
                                           constitutes approximately 0.33% - 0.4% of the SME finance market; for
                                           comparison, this is 12% in the UK.7

                                           Additionally, the demand for alternative sources of financing, including
                                           crowdfunding, from Irish SMES is quite muted, for example, in the latest wave
                                           of the Department of Finance SME Credit Demand Survey, covering the
                                           period October 2016 – March 2017, only 6% of the SMEs surveyed were
                                           seeking non-bank finance.8 The average spend on or investment through
                                           crowdfunding in Ireland is $1 per capita; for comparison, this is $75 per capita
                                           in the UK.

                                           As of 24th May 2017, Linked Finance had more than 15,650 registered users.
                                           More than 880 loans have been provided to Irish SMEs and over €25.6 million
                                           of business lending has been facilitated with €16 million in principle
                                           outstanding. Linked Finance accounts for over 90% of the market share of
                                           peer-to-peer lending in Ireland.

6
    Linked Finance, GRID Finance and Flender.
7
    Based on SME Credit Demand Survey & Linked Finance figures.
8

http://www.finance.gov.ie/sites/default/files/170703%20SME%20Credit%20Demand%20Survey%20Oct%202016%20to
%20Mar%202017.pdf
                                                                                                                       |7
Department of Finance | Paper for Policy Committee on Crowdfunding

                                          International Comparison and context
                                          Regulatory regimes for crowdfunding in other jurisdictions

                                         A number of European member states have introduced, or are planning to
                                         introduce, bespoke national regulatory regimes for crowdfunding. These
                                         include:
                                          the United Kingdom,
                                          France,
                                          Italy,
                                          Germany,
                                          Spain,
                                          Latvia,
                                          Sweden,
                                          the Netherlands,
                                          Belgium,
                                          Greece,
                                          Finland,
                                          Portugal,
                                          Romania and
                                          Austria.

                                         Chart 1: Regulated Platforms by country in 2016 as compared to
                                         2014.

                                        Regulated Platforms by country in 2016 versus
                                                            2014
                              35                                                                                      30
                              30                                                                                    26
                                                                23
                              25
                              20                                                17
                                                                         13   11
                              15
                              10                      5     5                              5            4
                               5    1        1                       1                 2         1              1
                               0

                                                 Number of platforms 2014            Number of platforms 2016

                                         Source: ESMA

                                         Chart 1 (above) indicates that the number of regulated platforms has
                                         increased in the period 2014 – 2016 in a number of Member States.

8|
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Chart 2 (below) outlines the basis for the regulation of crowdfunding. The
majority of crowdfunding platforms in the EU operate under an Article 3
exemption from the MiFID legislation.

Chart 2: Basis for Regulation
                                Regulatory Status

                                    19%
                          1%                          34%
                               5%

                                      41%

                     MiFID      Article 3 exemption     tied agent     AIFMD    other

Source: ESMA

It appears that comparatively, the European crowdfunding market is not as
well developed as the crowdfunding market in the United States.

In 2013-2014, the European crowdfunding market successfully raised €2.3
billion.9 The volume of funding raised through equity platforms grew by 167%
and the volume of funding raised through loan (peer-to-peer) crowdfunding
platforms grew by 112%.10 The total European online alternative finance
market, which includes crowdfunding, peer-to-peer lending and other
activities, grew by 92% to reach €5,431m in 2015.11

Peer-to-peer consumer lending is the largest market segment of alternative
finance, with €366m recorded for 2015 in Europe.12 Peer-to-peer business
lending is the second largest segment with €212m, with equity-based
crowdfunding in third with €159m and reward-based crowdfunding, fourth,
with €139m in 2015. 13

However, between European member states, there are significant differences
in terms of level of activity. The UK is the largest market for both loan and
equity crowdfunding projects with €1.6 billion of funding raised through loan
(peer-to-peer) crowdfunding projects and €89 million raised through equity
crowdfunding projects in 2013-2014.14

9
  https://ec.europa.eu/info/system/files/crowdfunding-report-03052016_en.pdf
10
   https://ec.europa.eu/info/system/files/crowdfunding-report-03052016_en.pdf
11
   https://www.jbs.cam.ac.uk/fileadmin/user_upload/research/centres/alternative-finance/downloads/2016-
european-alternative-finance-report-sustaining-momentum.pdf
12
   https://www.jbs.cam.ac.uk/fileadmin/user_upload/research/centres/alternative-finance/downloads/2016-
european-alternative-finance-report-sustaining-momentum.pdf
13
   https://www.jbs.cam.ac.uk/fileadmin/user_upload/research/centres/alternative-finance/downloads/2016-
european-alternative-finance-report-sustaining-momentum.pdf
14
   https://ec.europa.eu/info/system/files/crowdfunding-report-03052016_en.pdf

                                                                                                                 |9
Department of Finance | Paper for Policy Committee on Crowdfunding

                                         Excluding the United Kingdom, the largest market in Europe by a
                                         considerable margin, the European online alternative finance industry grew
                                         72% from €594m in 2014 to €1,019m in 2015.

                                         Although the absolute year-on-year growth rate of the European online
                                         alternative finance market slowed by 10%, the growth rate between 2013
                                         and 2014 was 82%, the Second European Alternative Finance Industry Report
                                         argues that the industry is sustaining momentum.15

15
  https://www.jbs.cam.ac.uk/fileadmin/user_upload/research/centres/alternative-finance/downloads/2016-
european-alternative-finance-report-sustaining-momentum.pdf
10 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

PUBLIC
CONSULTATION

                                                                            | 11
Department of Finance | Paper for Policy Committee on Crowdfunding

                                            Public Consultation
                                            In total, there were nine submissions received to the Department’s public
                                            consultation on the regulation of crowdfunding.16 The respondents included
                                            two Irish crowdfunding platforms, a UK crowdfunding platform, solicitor’s
                                            firms and the Irish Stock Exchange. All of the respondents were generally in
                                            favour of regulation but were of the view that it should be proportionate and
                                            were concerned that it should facilitate the development and growth of the
                                            industry as opposed to stifling or hindering it.

                                            Whether or not to regulate crowdfunding

                                            In terms of the first question, on whether or not to regulate crowdfunding,
                                            all of the participants were in favour of regulation in principle but also noted
                                            that it should be proportionate and that it should not impact the
                                            development and growth of the industry. In this regard, it was suggested that
                                            regulation should take into account the varying levels of risks and complexity
                                            of the different types of crowdfunding and should be tailored accordingly.
                                            Respondents felt that regulation should distinguish between crowdfunding
                                            involving lending to individuals, involving lending to businesses and
                                            investment/equity crowdfunding.

                                            Some of the reasons given for regulation included risks to those providing
                                            funds through crowdfunding platforms and risk of fraud and misapplication
                                            due to there not being a regulatory regime in place. Regulation was seen as
                                            offering protections not only for those providing funds but also to businesses
                                            receiving the funds. A lack of regulation was also viewed by some
                                            respondents as resulting in inefficiencies and uncertainties as well as
                                            discouraging the entry in to the market of new crowdfunding platforms.

                                            It was felt that regulation would establish consistent and transparent
                                            standards for crowdfunding and would promote confidence in the sector. A
                                            number of respondents suggested that regulation should be introduced on a
                                            phased basis. Some of the respondents were of the view that regulation had
                                            the potential to attract international crowdfunding platforms and stated that
                                            the regime should allow cross-border lending and investment and be MiFID
                                            compatible as well as allowing domestic lending and investment.

                                            Some of the respondents raised the issue that certain domestic legislation
                                            might need to be reviewed in order to examine its application to
                                            crowdfunding platforms. For example, with regards to possibly allowing
                                            private companies to offer securities to the public, in terms of the prospectus
                                            thresholds and in relation to dual authorisation for platforms that could also
                                            be considered other types of regulated entities.

16
     http://www.finance.gov.ie/news-centre/press-releases/submissions-regulation-crowdfunding-public-consultation
12 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Risks that should be addressed through crowdfunding

In terms of the question of what risks should be addressed, there was
consensus surrounding the main risks posed by crowdfunding, which were
identified in the consultation paper, outlined below.

        Lack of understanding of the level of risk on the part of consumers.
        Identity theft, money laundering, terrorism financing, data protection
         and fraud.
        Misleading and insufficient disclosure of information by businesses
         on crowdfunding platforms.
        Risk of unfair contract terms or misleading commercial practices
         resulting from information asymmetry.
        If the business fails or the crowdfunding platform itself fails, there is
         a risk that lenders or investors will lose all of their money.
        Risk that the return on the investment is less than expected.
        The lack of a secondary market for equity stakes means that it is
         difficult to value them and they can be diluted by further equity sales.
        Absence of dispute resolution mechanism.
        Risk arising from conflict of interest.
        Risks to businesses seeking funding through crowdfunding platforms.

None of the respondents suggested other risks that had not been mentioned.
Rather, they focused on how these risks could be dealt with by regulation. The
main elements that were put forward by respondents that should form part of
a regulatory regime included risk warnings, minimum information
requirements, a client money process, identity verification and a contingency
process in the event of platform failure. It was noted that crowdfunding did not
pose a systemic risk at present, given the current size of the market. However,
this risk may potentially occur as the size and scale of industry increases.

Respondents felt that consumer awareness and understanding of the risks
associated with crowdfunding could be adequately addressed through a
regulatory requirement to display a risk warning before proceeding to use a
crowdfunding platform. Some respondents suggested that positive action
confirming and acknowledging the risks should be required on the part of
users.

Additionally, respondents felt that encouraging lenders/investors to do their
own due diligence and diversify their lending and investment would ameliorate
both a potential lack of awareness and understanding of the risks on the part
of lenders/investors as well as the risk of business failure.

It was noted that, in the event of platform failure, client asset rules that
required separation of client funds from those of the platform, were critical, as
well as a contingency plan, such as a backup service provider. Indemnity
insurance was another means raised by the respondents of addressing this risk.

In terms of the risk of money laundering, there was general recognition from
respondents that there should be procedures in place for verifying the identity
of those using crowdfunding platforms, such as know your customer rules and
client due diligence.

Most of the respondents seemed of the view that the Criminal Justice (Money
Laundering and Terrorist Financing) Act 2010 was applicable. Some of the
respondents noted that it was their view that money-laundering risks were not
enhanced in the case of crowdfunding and that regulation should not provide
additional scrutiny or requirements in this respect.

                                                                                                                  | 13
Department of Finance | Paper for Policy Committee on Crowdfunding

                                         It was noted that general data protection laws also apply to crowdfunding
                                         platforms irrespective of regulation.

                                         In respect of liquidation of investment, a possible lack of a secondary market
                                         and unfair contract terms, respondents highlighted that these were all issues
                                         that were more relevant to equity/investment based crowdfunding.
                                         Respondents were of the view that information about the ability to liquidate
                                         and redeem an investment as part of standard risk warnings would be
                                         sufficient to address this as well as clearly setting this out in the terms of the
                                         arrangement. In relation to the fairness of the contract terms, respondents
                                         considered that loan based crowdfunding/peer-to-peer lending was a more
                                         straightforward model and it appeared that, generally platforms tend to use
                                         standard loan agreement documentation.

                                         It was suggested by one respondent that, in respect of the risk of a lack of
                                         protection for intellectual property rights of those seeking funding through
                                         crowdfunding platforms, this risk was less relevant for more established
                                         businesses.

                                         Minimum standards of due diligence, disclosure and process in
                                         the event of default, insolvency or bankruptcy

                                         Respondents were of the view that there should be minimum standards of
                                         due diligence, disclosure and process in the event of default, insolvency or
                                         bankruptcy and these should form part of any regulatory framework. Some
                                         respondents stated that prescriptive due diligence requirements could result
                                         in a situation where deal specific issues are missed out in the due diligence
                                         process. Some respondents suggested that there should be minimum
                                         professional standards, similar to the Central Bank’s Minimum Competency
                                         Code and Fitness and Probity Regime.

                                         Most of the respondents emphasised that crowdfunding platforms should
                                         carry out their own due diligence. For example, this could include basic
                                         checks on companies seeking funds through the platforms including financial
                                         statements, a CRO check, restriction of directors searches and litigation
                                         searches. It was suggested that those seeking to lend or invest through
                                         crowdfunding platforms should be able to presume a minimum standard of
                                         due diligence. It was also suggested that consumer loans should be reported
                                         to the Central Credit Register and a credit score, either a bespoke score from
                                         the platform, a standardised credit bureau score or a combination, could be
                                         provided. Respondents were of the view that crowdfunding platforms should
                                         not necessarily have to publish all of the information assessed during due
                                         diligence; however, there should be transparency and clarity about any credit
                                         assessment and financial advice provided by the crowdfunding platform.

                                         Respondents stated that crowdfunding platforms should clearly set out
                                         processes for dealing with late payments, arrears and defaults.

14 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Information Requirements

Some respondents were of the view that there should be different information
requirements for loan and equity based crowdfunding. Generally, this was to
account for the different levels of risk and complexity associated with these
different types of crowdfunding. However, others felt that there should not be
any material differentiation in terms of the information requirements.

Respondents stated that information provision requirements should be
balanced. Some respondents were not in favour of prescriptive information
requirements expressing a preference for a more principled approach.

In terms of the information that respondents felt should be provided, they
were of the view that it should be clear, consistent, comprehensive, accurate
and factually verifiable without imposing too onerous a burden on those
seeking funds. It was noted by some respondents that business plans, cashflow
projections and promotional material are not always easy to independently
verify and validate.

Conduct of business rules, client assets and prudential requirements

The main issue that was raised in terms of conduct of business rules was a
complaints process. All respondents agreed that there should be a clear
complaints process outlining the process for making a complaint and to whom
a complaint may be made. Some respondents felt that an external complaints
and redress process was not needed while others were of the view that an
independent, third party complaints and redress mechanism was necessary,
with some suggesting that this should be within the remit of the Financial
Services Ombudsman. Respondents felt that conduct of business rules were
important for the reputation of and trust in crowdfunding platforms but some
did not feel that they should be introduced just yet as part of a regulatory
regime.

In terms of client asset rules, respondents agreed that client funds should be
separate. Security of information and payments was also considered an
important part of the client asset rules.

Some of the respondents were of the view that capital requirements and
liquidity rules were not relevant to crowdfunding platforms on the basis that
they do not hold funds “on deposit” and consequently, there should not be the
same level of requirements imposed. Respondents also noted that high capital
requirements had the potential to stifle the industry.

Applicability of the SME Regulations

In general, respondents were in favour of applying the principles, such as
fairness and transparency, contained in the SME Regulations. However,
respondents were not generally in favour of simply applying the regulations
without adaptation for crowdfunding platforms. Some respondents felt that
they would create an extra burden on crowdfunding platforms without a
significant additional benefit to or protection for SMEs. Some respondents
suggested that further analysis on this matter was needed. Additionally, it was
pointed out that the SME Regulations are focused on the provision of credit
and lending and are not applicable to investment/equity based crowdfunding.

                                                                                                                 | 15
Department of Finance | Paper for Policy Committee on Crowdfunding

                                         Limit on the amount of funds that can be provided through
                                         crowdfunding platforms

                                         Overall, respondents were not in favour of imposing a limit on the maximum
                                         level or amount of investment that could be made by individuals through
                                         crowdfunding platforms in a year. It was suggested that limits could overly
                                         restrict the industry. Respondents made the point that funding through
                                         crowdfunding platforms is provided by both individuals as well as institutional
                                         lenders and investors which promoted financial inclusion and was more
                                         egalitarian in terms of the provision of opportunities. It was felt that there
                                         was the potential for such limits to reduce the democratic and egalitarian
                                         nature of crowdfunding.

                                         It was recognised that there are such restrictions in other European Member
                                         States with regulatory regimes in place for crowdfunding. Some of the
                                         respondents suggested that any limits on the amount of funding that could
                                         be provided through crowdfunding platforms should be seen as a guide,
                                         rather than a mandatory requirement, and should take into account the
                                         variety of profiles of lenders and investors. It was also noted that such limits
                                         could potentially be difficult to enforce in practice.

                                         The cost of a regulatory regime and compliance

                                         In terms of the cost of regulation, the respondents felt that any regulatory
                                         regime should be as low cost as possible, with many suggesting that a
                                         regulatory regime and cost could be brought in on a phased basis. There was
                                         a concern that the cost of regulation and compliance should not be
                                         prohibitive to the industry and that the cost could be passed on to the
                                         industry over the long term.

                                         Conflicts of Interest

                                         Respondents did not really consider conflict of interest to be a significant
                                         concern. Some respondents suggested that existing regulations for financial
                                         services firm that address conflicts of interest may be sufficient and
                                         appropriate. Respondents recognised the need to treat all potential lenders
                                         and investors using crowdfunding platforms in a fair and transparent manner
                                         emphasising that what was important was that the same information should
                                         be provided to all users.

                                         However, respondents were generally of the view that people should not be
                                         prevented from availing of an opportunity solely due to their employment
                                         status or involvement with a crowdfunding platform. It was also noted by one
                                         respondent that the similarity with “insider trading” and the issue of conflict
                                         of interest did not apply in the case of peer-to-peer lending. Another
                                         respondent noted that it could potentially be burdensome to regulate
                                         conflicts of interest in practice.

                                         Some respondents addressed the “auto bid” system that is sometimes used
                                         by crowdfunding platforms. Their position was that once auto bidding is
                                         optional, it has the potential to help reduce users’ risk exposure by
                                         diversifying their lending and investment. Auto bidding can also be tailored
                                         to users’ preferences, including risk appetite.

16 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Non-regulatory supports

The main non-regulatory supports sought by respondents for crowdfunding
included tax incentives and reliefs, including offsetting losses against interest
earned for the purposes of calculating net taxable income. Some respondents
also suggested that the Government could provide funding for business loans
through crowdfunding platforms as a policy measure, citing the example of the
British Business Bank.

One respondent also addressed the issue of crowdfunding for litigation.
Although it is an interesting point, the funding of litigation where the person
providing the funds is not directly party to the litigation in exchange for a share
in any proceeds from the outcome of the case is currently contrary to both
public policy and the law.

                                                                                                                   | 17
Department of Finance | Paper for Policy Committee on Crowdfunding

                             CONCLUSIONS

18 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Conclusions

Crowdfunding is an emerging and innovative industry that is growing. The Irish
crowdfunding market in particular is nascent and comparatively small. Equally,
while the European crowdfunding market has been growing it is still relatively
small and growing at a relatively low rate.

Based on the findings of the public consultation carried out, there was general
support from the crowdfunding industry and stakeholders for the regulation of
crowdfunding in Ireland and it was felt that regulation would be beneficial to
both industry and consumers. The main concern was that regulation might be
overly burdensome or onerous and stifle or hinder the development of the
industry.

Next Steps

Subsequent to the Department of Finance holding a public consultation on the
potential regulation of crowdfunding, the European Commission proposed a
pan-European regulatory regime for crowdfunding in its 2018 work
programme. The European Commission is due to bring a proposal for an EU
framework on crowd and peer-to-peer finance for discussion in March 2018.
The Department of Finance will monitor the progress and developments on
this and implement European regulations as necessary.

It appears that this decision to regulate crowdfunding on a harmonised,
European level, which has been prompted by the European Commissions’
ongoing monitoring of the crowdfunding market and industry, will potentially
make the European crowdfunding market more competitive. This may also
allow for the possibility of Irish crowdfunding platforms passporting their
services to other European member states, thereby widening their prospective
market.

                                                                                                                 | 19
Department of Finance | Paper for Policy Committee on Crowdfunding

                                                            SECTION 3 >
                                                            Appendix A
                                                            Appendix B
                                 APPENDICES                 Appendix C

                                              Appendix A: Consultation
                                              document and submissions to
                                              public consultation

                                              Appendix B: Central Bank
                                              Notice

20 |
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

      Appendices
       Appendix A: consultation document and submissions to the
       public consultation

       Department of Finance 2017 Publications

                                                                            | 21
Appendices
Appendix B: Central Bank Notice

Department of Finance 2017 Publications
Department of Finance | Feedback Statement on Public Consultation on Crowdfunding

Consumer Notice on Crowdfunding, including
Peer-to-Peer Lending
Information Notice June 2014

The purpose of this notice is to alert consumers to the fact that crowdfunding,
including peer-to-peer lending, is currently not a regulated activity in Ireland.

As a result, certain protections do not apply to consumers of crowdfunding,
and consumers who engage in this activity should be aware of the following:

The Central Bank of Ireland’s codes of conduct and the protections which they
provide to consumers, do not apply to crowdfunding platforms;
Crowdfunding platforms are not required to comply with client asset rules;

Consumers of crowdfunding are not protected by the Deposit Guarantee
Scheme or the Investor Compensation Company Limited (ICCL) scheme; and
Complaints in relation to crowdfunding cannot be made to the Financial
Services Ombudsman (FSO) as the FSO only deals with complaints in relation
to a regulated firm.

While any investment, even through a regulated firm, carries with it an
element of risk, there are specific risks to consider when any consumers
consider participation in crowdfunding, including:

The risk of the crowdfunding platform failing with a potential loss of some or
all of their money;

The risk of losing some or all of their money, should the business receiving the
loan or investment fail, or the borrower default on loan repayments;
The risk that the return on their investment is less than expected; and
The risk of misleading or insufficient information disclosure, unfair contract
terms or misleading commercial practices, and the absence of dispute
resolution and redress mechanisms.

The Central Bank of Ireland is actively monitoring developments in this area
and will continue to work closely with other European authorities in this
regard. As this work progresses, the Central Bank may publish further
information on this topic.

What is crowdfunding?

Crowdfunding can be described as a way in which money can be raised from a
large number of individuals or organisations, to fund a business, project or
personal loan, and other needs through an online web-based platform. It is a
type of market-based finance that could help stimulate funding to small and
medium-sized enterprises (SMEs) as well as personal lending. In addition,
crowdfunding investments could potentially make up part of a diversified
investment portfolio, especially for sophisticated investors.

                                                                                                                  | 23
Department of Finance | Paper for Policy Committee on Crowdfunding

                                         How does crowdfunding work?

                                         Crowdfunding can be structured in a number of ways. The most common
                                         models are:

                                         The Lending based Model where individuals lend money to a company,
                                         project or consumer in return for repayment of the loan and interest on their
                                         investment; this is also known as peer-to-peer lending. At this time, peer-to-
                                         peer lending is the only form of crowdfunding to have an established
                                         presence in Ireland.

                                         The Equity based model where individuals make investments in return for a
                                         share of the profits or revenue generated by the company/project.

                                         The Donations or Rewards based model where individuals provide money to
                                         a company or project for benevolent reasons or for a non-monetary reward.

24 |
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Ireland.
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