Home > Catalogue > Ricerche giuridiche > 9 | 2 | 2020 > Brevi note in tema di marketplace lending alla luce del nuovo regolamento europeo in materia di crowdfunding

Ricerche giuridiche | Vol. 9 | Issue 2 | December 2020

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Research Article

Brevi note in tema di marketplace lending alla luce del nuovo regolamento europeo in materia di crowdfunding

Lucrezia Cipriani    Università Ca' Foscari Venezia    

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abstract

Crowdfunding platforms have been particularly relevant in the ambit of innovations introduced with the development of Fintech, including those that base their activity on lending (the so called “lending-based crowdfunding” platforms).  The active platforms - whose number in Italy is still relatively small - carry out a market activity that facilitates the matching of interests between those who are in surplus (and wish to use money towards a return), and those who are in deficit (and wish to obtain funding). This article aims to provide a look at lending crowdfunding, with a twofold purpose: (i) understanding how the relevant platforms can be legally qualified, also with regard to their compatibility with the activities reserved by law to financial intermediaries; ii) analyzing the possible scenarios related to the “European Crowdfunding Service Providers” EU Regulation (ECSP), considering that only in recent years the Commission has decided to go beyond a mere monitoring of the sector.

Published
Dec. 21, 2020
Accepted
March 2, 2022
Submitted
Nov. 17, 2021
Language
IT

Keywords: EU regulation • Fintech • KIIS • Legal certainty • Disclosure • Crowd-investor • Lending-based crowdfunding • Risk management • Crowd-borrower • Credit risk assessment • Compliance • Cross-border activity • Platforms

permalink http://doi.org/10.30687/Rg/2281-6100/2022/01/002

Copyright: © 2020 Lucrezia Cipriani. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.