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4.3 Risks and regulations in alternative financing

3 min readjuly 24, 2024

Alternative financing methods like come with unique risks. Default, fraud, platform, liquidity, , and market risks can impact investors' returns and overall market stability. Understanding these risks is crucial for participants in this evolving financial landscape.

Regulations play a vital role in shaping alternative financing markets. Securities, , data protection, and consumer protection laws create a framework for safe operations. These regulations impact market entry, , innovation, and market structure, balancing growth with stability and protection.

Risks in Alternative Financing

Risks in peer-to-peer lending

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  • arises when borrowers fail to repay loans often higher in unsecured loans impacting lenders' returns (personal loans, small business loans)

  • involves misrepresentation of projects, identity theft, fake borrower profiles, and Ponzi schemes disguised as investment opportunities (fake startups, non-existent real estate projects)

  • encompasses potential failure of lending platforms, cybersecurity vulnerabilities, and operational issues affecting fund transfers (hacking incidents, server downtimes)

  • stems from difficulty in selling or exiting investments due to lack of for crowdfunding securities (startup equity, real estate tokens)

  • Information asymmetry occurs due to limited access to borrower or project information creating challenges in assessing creditworthiness (incomplete credit histories, opaque business financials)

  • involves interest rate fluctuations affecting returns and economic downturns impacting borrower ability to repay (recession, industry-specific crises)

Regulatory Landscape and Compliance

Regulations for alternative financing

  • require registration for offerings with exemptions for certain types of crowdfunding (, )

  • (AML) regulations mandate ###Know_Your_Customer_()_0### procedures and suspicious activity reporting (identity verification, transaction monitoring)

  • Data protection and privacy laws like and require secure handling of personal and financial information (data encryption, consent management)

  • enforce for risks and fees and (standardized loan terms, clear fee structures)

  • include state-specific licenses for lending platforms and registration with financial regulatory bodies (money transmitter licenses, broker-dealer registrations)

  • involve regular financial reporting to regulators and auditing requirements (quarterly financial statements, annual audits)

Impact of regulations on P2P markets

  • increase due to compliance costs potentially limiting new entrants and slowing market growth (legal fees, compliance technology investments)

  • Investor confidence enhances with improved regulations increasing trust in platforms and transparency attracting more investors (clearer risk disclosures, standardized reporting)

  • Innovation and product development benefit from regulatory sandboxes encouraging fintech experimentation while potentially limiting certain business models (blockchain-based lending, AI-driven credit scoring)

  • face challenges with conflicting regulations creating obstacles for global platforms while harmonization facilitates international expansion (passporting rights, regulatory equivalence)

  • occurs as smaller platforms merge to meet compliance costs leading to emergence of dominant players in regulated markets (industry acquisitions, strategic partnerships)

  • Shift in target markets pushes platforms towards institutional investors impacting accessibility for retail investors (accredited investor focus, minimum investment thresholds)

Investor protection in alternative financing

  • involve platform vetting of borrowers and projects and tools for investors to assess risks independently (credit checks, project feasibility assessments)

  • encourage investors to spread risk across multiple loans or projects often facilitated by auto-invest features (portfolio allocation tools, risk-based investment limits)

  • develop proprietary credit assessment algorithms ensuring transparency in risk categorization for investments (A to F risk grades, numerical credit scores)

  • include provision fund models to cover potential losses and third-party insurance options for investors (partial principal protection, default insurance)

  • focus on clear communication of risks to potential investors and provision of financial literacy resources by platforms (risk calculators, investor education courses)

  • Secondary markets develop liquidity options for investors considering regulatory implications for trading alternative finance assets (peer-to-peer trading platforms, tokenized investment exchanges)

  • involves regular evaluation of platform resilience to economic shocks and scenario analysis for different risk events (recession simulations, cyber attack drills)

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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.

© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
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