back to article FCA drafts new rules to protect crowdfunders' lenders

Loan-based crowdfunding platforms will be required to hold a certain amount of capital in reserve to mitigate against the risk of their business failing and leaving lenders out of pocket, the UK's Financial Conduct Authority (FCA) has said. The regulator has announced a finalised regulatory regime for crowdfunding platforms ( …

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  1. John Tserkezis

    Huh, who would have though? Crowdfunding is more stable, reliable, insured better, regulated better and just plain more trustworthy than bitcoin banks.

    1. Anonymous Coward
      Anonymous Coward

      "Crowdfunding is more stable, reliable, insured better, regulated better ....."

      On what basis do you say that? The FSA (predecessor to the FCA) comprehensively failed to either anticipate or defend against the credit crunch. It (and predecessors) serially failed to anticipate or stop persistent misselling of anything that could be missold by the financial services industry, and merely attempted to clear up afterwards - and usually not very well. But in the meanwhile regulation has crept all over the place adding new costs, new bureaucracy, without improving anything.

      In this instance the FCA's dead hand is grasping operations like Kickstarter, and will undoubtedly strangle them. Lets face it, the big banks and the VC industry don't want competition, do they. And for what benefit? If I want to engage in high risk crowdfunding, do I not have a right to do so? These services aren't making any promise of safety or returns on your investment.

      No, the kn0bs of the FCA have got more than enough to do with the mainstream financial services industry, and the first two things they ought to be doing are:

      1) Working to emasculate the vast lobbying power of the financial services sector, which currently works for banking insiders and against consumers and investors

      2) Regular dawn raids on all large financial institutions with a single simple question: "what are you misselling or manipulating today?"

      1. Gordon 10
        FAIL

        All very well

        But repeat that spiel after the first crowdsourcing site folds with peoples cash.

      2. DaLo

        "In this instance the FCA's dead hand is grasping operations like Kickstarter, and will undoubtedly strangle them"

        In what way is it doing that? What regulations are strangling Kickstarter?

      3. DropBear
        WTF?

        Huh?

        I don't see how any of this applies to any crowdfunding site I know about - in particular, to Kickstarter. They are certainly not a loan-based operation, and according to them, absolutely not an investment-based one either - all they do is facilitate donations from you reaching someone asking for some money. In exchange for which those third parties may or may not promise to do / send things for / to you, but that's entirely between them and you, and outside Kickstarter's scope - they promise to handle and transfer your donation, but that's it. And as such, I can't possibly see what sort of regulation might possibly apply to them, seeing as how the money only touches them in transit - they don't keep it for any significant amount of time.

        1. Gordon 10
          FAIL

          Re: Huh?

          The key phrase here is "significant amount of time" History is littered with instances of intermediaries taking consumer cash and not passing it onto suppliers, be it held for 1 second or many days.

          Unless they are taking their cut in a seperate transaction direct from the Banks/credit card companies (which I bet they aren't), the process is a 2 stage one - cash in, cash out, and therefore the possibility of the above exists.

          Kickstarter has done about $1000m worth of funding (ok only 800m sucessfuly but the maths is easier with 1000m). Taking a WAG lets assume onward account payment errors run at 0.01% - thats a grand total (over time) of $100k of someone elses cash wallowing around in their accounts. Multiply that by the number of ways a transaction can go wrong and Im betting its a non trivial amount - even on a daily/monthly basis.

        2. Grease Monkey Silver badge

          Re: Huh?

          " all they do is facilitate donations from you reaching someone asking for some money. In exchange for which those third parties may or may not promise to do / send things for / to you, but that's entirely between them and you, "

          Which sounds to me like a way of Kickstarter avoiding or at least trying to avoid any liability.

          It also reminds me of the way escort agencies avoid or at least try to avoid law on prostitution and pimping, they will tell you that all you are paying for is the escorts time and anything that occurs between the client and the escort is purely a personal arrangement between the client and escort and absolutely nothing to do with the agency.

          1. DaLo

            Re: Huh?

            Of course Kickstarter tries to avoid any liability they are quite open about it.

            For instance, many people believe that by pledging a certain amount to a project they have some kind of guarantee to that product, but that is not necessarily the case. Kickstarter will tell you that their terms of service require the reward to be given or a refund given but that is a 'contract' between the project owner and Kickstarter not the donor.

            So if the project fails to deliver, even if it appears that there has been some misappropriation of funds, Kickstarter will not help. They will refer to their terms of service and tell you to speak to a Lawyer. However it would require Kickstarter to sue the project owner for breach not the backer who has limited rights.

            In reality for projects that you don't want to get "involved with" or projects where you don't want to help through altruism (i.e. you want to donate just to receive the finished product cheaper) it is far more savvy to wait until the project is completed, it has been reviewed (and compared to the competition) and then buy at full price with a full raft of statutory rights, warranty, credit card protection etc.

      4. Anonymous Coward
        Anonymous Coward

        Zopa = crowdfunding (on a personal level)

        Zopa saw a huge boost in business during the credit crunch as savers had their interest rates slashed to virtually nothing while those needing credit were turned away from banks.

        And guess what... people were willing to pay between 5-15% interest, while others were happy to earn anything above what the banks wanted to give them. Granted, Zopa has always been very clear about how they run the business, and apparently their Zopa Listings business (which allowed lenders to choose which loans they wanted to support) had higher defaults, which is why they shut it down.

        And it's because they (Zopa) were the facilitators between the individuals wanting to lend money and those wanting to borrow, and were doing this for a fee, they had a consumer finance license (similar to what several crowdsourcing sites have already, and also incidentally, "The Bank of Dave"). The FCA and the PRA see things slightly differently, which is why all sites are now on notice that they'll need to get their houses in order regulatorily speaking.

  2. Whitter

    Where?

    What are the odds the FCA will have any jurisdiction?

    1. Brewster's Angle Grinder Silver badge

      Re: Where?

      They could probably stop them taking money from UK customers (by prohibiting UK regulated financial institutions transferring money to them).

  3. localzuk Silver badge

    Loan based crowdfunding sites?

    What's one of those then? I thought crowd funding sites worked by people pledging money, then when the target is met the project gets given the money. Job done. Who is loaning what and where?

    1. DaLo

      Re: Loan based crowdfunding sites?

      http://lmgtfy.com/?q=loan+based+crowdfunding

      Isn't the Internet wonderful?

    2. CoffeeFueled

      Re: Loan based crowdfunding sites?

      There are other, similar sites to Kickstarter which actually loan funds to businesses or individuals rather than simply giving them the money and hoping for the best with no guarantees. These crowdfunding sites then divide interest paid on the loan between those who invested.

      In other words it's almost exactly what the banks do, but instead of keeping you blind to what they're doing with your money they allow you to choose on a case-by-case basis where you will loan it. Obviously the banks don't consider their customers to be wise enough to make these choices for themselves.

      1. Tom 7

        Re: Loan based crowdfunding sites?

        @Coffeefueled - the banks currently charge a shit load for their know how. If they gave you the info to make a choice they'd be fucked.

        And I hope they are.

      2. Anonymous Coward
        Anonymous Coward

        Re: Loan based crowdfunding sites?

        Defending the banks for a moment (sorry)

        You do realise that in many cases a business looking to borrow money has good reason to want to keep it secret? You may really not want to tell the whole world that you are planning to expand into Europe or start a new production line if you have competition who may immediately take steps to pre-empt you. On one occasion at a company I worked for we accidentally discovered the expansion plans of a competitor. Rather than be totally ethical and pretend it hadn't happened, we took steps so effectively that we later acquired them very cheap.

        Banks do provide an essential service in lending money (and borrowing it) discreetly. They also have a more transparent business in which they underwrite stock flotations. Crowdfunding is merely an extension of this to be more like the original joint stock companies - the money is raised before the company even exists. But it is still banking.

        The problem comes, of course, when someone lies exaggerates extensively about the nature of the businesses in which they are investing your money. This can apply in all the cases above, whether it is banks swearing that the mortgages they hold are gold plated, US social media sites claiming they eventually will control the world by holding your personal data, or people crowdfunding perpetual motion machines.

    3. miramon

      Re: Loan based crowdfunding sites?

      Take a look at FundingCircle.com for an example - they're advertising all over the Tube.

      1. Grease Monkey Silver badge

        Re: Loan based crowdfunding sites?

        "What's one of those then? I thought..."

        @localzuk rather than posting what "you thought" why didn't you spend a moment on a search engine then you would have found out exactly what loan based crowdfunding sites were.

        Did you post because you wanted to know what a loan based crowdfunding site was? Or did you post because you thought you knew more than the FCA?

        1. localzuk Silver badge

          Re: Loan based crowdfunding sites?

          OK. Some people don't understand the point of my post so I shall explain it.

          Loan based crowd sourcing sites are not the norm. They aren't the 'usual' way of doing things when crowd sourcing and as such they are relatively unknown. Therefore, it was use of irony in order to imply that maybe the article should have given examples of what they are for the casual reader who hasn't the foggiest idea what a 'loan based crowd sourcing site' actually is. A blurb explanation is ok, but people won't think its relevant to them or will think sites like Kickstarter are affected by this news.

          But then, it kinda takes something away from the post if you have to explain the irony.

          1. Anonymous Coward
            Anonymous Coward

            Re: Loan based crowdfunding sites?

            "Therefore, it was use of irony..."

            You may want to look up the definition of irony

            "...explain the irony"

            Yes, please explain, can't see any.

            However for some people crowdfunding is much more well known than donation for a potential reward, such as Kickstarter. I had heard of it a long time before I heard of Kickstarter, it is quite widely advertised and plenty of finance sites have been talking about it for years.

            1. localzuk Silver badge

              Re: Loan based crowdfunding sites?

              Not sure this is the place to explain irony. But I will, in this case. "What's one of those then?" is irony - as I already know, and the actual intention is not to get a direct answer to that question. I'm using the question ironically to mean "the article isn't very good at defining them". Literary irony is basically sarcasm.

              Maybe I'm not using irony entirely correctly though... As I suppose it isn't a direct opposite meaning, but I've always taken literal irony to mean "the use of language so as to mean something other than the literal meaning".

              1. Anonymous Coward
                Anonymous Coward

                Re: Loan based crowdfunding sites?

                "Literary irony is basically sarcasm"

                Oh dear, the education system is doomed.

                1. localzuk Silver badge

                  Re: Loan based crowdfunding sites?

                  Really? You'll find that most dictionaries list irony and sarcasm as synonyms... But then, you're getting into the realm of ''pointless arguments about what irony is"... And I shall be following The Oatmeal's advice on it - I'm going to do something more interesting.

  4. Anonymous Coward
    Anonymous Coward

    In the words of Woody Allen...

    ... Take the Money and Run.

  5. McHack

    Inevitable

    Somewhere money is doing something other than support and encourage government.

    This shall not be allowed.

    1. Grease Monkey Silver badge

      Re: Inevitable

      Currency has always been an attempt at controlling the populace since the day it was invented, don't act all surprised/hurt when it happens.

      If you truly don't like the system opt out - if you're part of the system you're part of the problem and low level moaning on internet forums won't change that. You could try barter or perhaps some non-government supported currency like, oooh I don't know, Bitcoin - that looks totally practical and trustworthy.

      1. Anonymous Coward
        Anonymous Coward

        Re: Inevitable

        "Currency has always been an attempt at controlling the populace "

        Is this by any chance Sweeping Generalisation Friday?

        A reliable currency and safe banks are essential if you want a stable society. Gold is a particularly bad idea if you ever need to travel with money, because its very portability and untraceability makes it so easy to steal. The idea that you could put money in an account at home and draw on it at a distant location was a major step forward in allowing ordinary people to travel. It is possible to have currencies that are not underwritten by governments - Scottish pounds are basically cheques issued by banks and India functioned on notes of hand issued by large moneylenders - but the issuing authority needs to be very reliable, which is basically how the Rothschilds became so important.

        Currency doesn't "control the populace"; it makes commerce practical in a society bigger than a village.

        Bitcoin isn't anchored in any trusted source, as we've just seen with Mt Gox. If Bitcoin goes pearshaped, there is no obvious person or building you can go to and demand an answer. It has even less associated trust than casino gambling chips. It is also impractical without some kind of dependent currency - you can't buy milk with Bitcoin except in herd sized quantities - and if you have a subsidiary currency circulating, since the Bitcoin is so unstable, how do you work the relationship between the two? Already you are looking at something like the supposed silver->pound type relationship.

      2. McHack

        Re: Inevitable

        Sorry GM, but they're already going after barter. If it's transferred to another person in exchange for goods and services, it's de facto currency thus must be regulated and taxed. The government will demand its 13.5% of a chicken, if that's the tax rate.

        News people are reporting how citizens save thousands using "time banking", where you could exchange hours spent walking dogs and fixing computers for plumbing repairs, etc, with no cash changing hands. Great system, helps many.

        Timebanking UK

        I'm waiting for the search warrants when government seizes the records so they may rightly hunt down and prosecute these blatant scofflaws. All wealth belongs to the Crown (ruling class) and it doesn't long tolerate insolence when it lets the peasants briefly play with a small bit of it.

      3. poohbear

        Re: Inevitable

        Actually most currencies in the world are "non-government supported" which I am taking to mean 'not issued and controlled by governments" ... they are in fact issued by private banks, who have said governments by the short and curlies. That is the real problem with money today. The few countries where the money supply is not privately controlled are of course labeled as rogue and marked for regime change (Libya, Syria...)

    2. David Cantrell

      Re: Inevitable

      This shall not be allowed? Really? I use a "loan-based crowdfunding site" (fundingcircle.com), and a large proportion of the loans made through it are partially funded by ... the government, as part of some programme for supporting small business. Yes, clearly it shall not be allowed.

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