ISG Law & Consultancy

Legal Perspective on Crowdfunding in Europe Part I: The Concept of Crowdfunding

— Att. Irem Sultan Gulden, LL.M

Oct 8, 2023

The concept of crowdfunding encompasses different models for the crowdfunding service. The classification of different models has been made based on several parameters so far, i.e. value propositions, practice patterns, funder motivations, risks and legal compliance needs of crowdfunding platforms.[2] Yet, a guiding distinction emerges from the expectation of the funder for a financial return in exchange for her contribution. In particular, while the following lending-based, investment-based and invoice trading models provide financial return, non-investment-based models do not.

Crowdfunding eliminates the complicated procedures and burdensome requirements of traditional methods of fundraising which may not seem appealing to start-ups and SMEs. Likewise, it eases the investment process for non-professional individuals. Different models of crowdfunding address different motivations of people and different needs of companies. As it meets the need in society for diversified finance and alternative investment channels, it is growing its proportion in the overall economy globally. With the help of ever-developing technology, crowdfunding recently started gaining importance more than ever.

References

[1] Ordanini, A., Miceli, L., Pizzetti, M., & Parasuraman, A. (2011). Crowdfunding: Transforming Customers into Investors Through Innovative Service Platforms, Journal of Service Management, 22(4), 443–470, as cited in Zhao, L. & Ryu, S., (2020) “Reward-Based Crowdfunding Research and Practice” Advances in Crowdfunding: Research and Practice, edited by Shneor, R., Zhao, L., & Flåten, B. T., 119, https://doi.org/10.1007/978-3-030-46309-0.

[2] Shneor, R. (2020), “Crowdfunding Models, Strategies, and Choices Between Them” Advances in Crowdfunding: Research and Practice, edited by Shneor, R., Zhao, L., & Flåten, B. T., 23–26, https://doi.org/10.1007/978-3-030-46309-0.

[3] Ziegler, T., Shneor, R., (2020), “Lending Crowdfunding: Principles and Market Development” Advances in Crowdfunding: Research and Practice, edited by Shneor, R., Zhao, L., & Flåten, B. T., 68–71, https://doi.org/10.1007/978-3-030-46309-0.

[4] Ziegler, T., Shneor, R., Garvey, K., Wenzlaff, K., Yerolemou, N., Rui, H., & Zhang, B. (2018), Expanding horizons: The 3rd European alternative finance industry report, 28, available SSRN 3106911.

[5] Galuszka, P., & Chmielewski, P. (2023). Digital Patronage: Toward a New Model of Building a Radio Station, International Journal of Communication, 17, 1862, available at https://ijoc.org/index.php/ijoc/article/view/20063/4082.

[6] Macchiavello, E., (2023) “Investment-Based Crowdfunding Platforms and Their Regulation” Forthcoming in ED Martino, H Nabilou, AM Pacces (eds), Research Handbook on Comparative Financial Regulation, Edward Elgar, available at https://ssrn.com/abstract=4474757, 1.

[7] OECD (2016), “No Country for Young Firms?”, Policy Note, Directorate for Science, Technology and Innovation Policy Note, June 2016, available at https://www.oecd.org/sti/ind/Policy-Note-No-Country-For-Young-Firms.pdf

[8] European Commission (2015), “Action Plan on Building a Capital Markets Union” COM(2015) 468 final.

[9] Supra [6], 2.

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