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2022 | Book

Law and Practice of Crowdfunding and Peer-to-Peer Lending in Australia, China and Japan

Authors: Dr. Pelma Rajapakse, Yinxu Huang, Prof. Hatsuru Morita

Publisher: Springer Nature Singapore

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About this book

The revolution in financial technology (FinTech) has created many advancements in the lending and investment space across the world. Law and Practice of Crowdfunding and Peer-to-Peer Lending in Australia, China, and Japan is a timely publication as FinTech grows up and moved into the mainstream of finance in the last decade. Financial services is a highly regulated industry as it is the lifeblood of a modern economy. Pelma Rajapakse, Hatsuru Morita, and Yinxu Huang have done very solid work blazing a new trail in what is a new industry and how to regulate it properly instead of stifling innovation. They have carried out a deep exploration and a thorough compilation of research that will bring everyone up to date on what Australia, China, and Japan are planning and doing in the field of crowdfunding and peer-to-peer lending.

In addition to peer-to-peer lending, the book focuses on laws and practices related to Central Bank digital currencies, cryptocurrency, Bitcoin, and Initial Coin Offerings (ICOs) which is very meaningful and forward-looking.

The authors presented their thoughts in such clarity that, even those who lack familiarity with Asia-Pacific, will see how FinTech was growing in various ways driven by different factors. For example, peer-to-peer lending in Japan is mostly for small and medium enterprises. It was popular in China but cracked down by the authorities for a few years. It provides an alternative fundraising channel for the capital market in Australia. We also see a set of regulatory approaches among jurisdictions. Some countries draft new regulations, while others amend existing laws. The mechanism of the regulatory sandbox was introduced. As we know, one size does not fit all. What kind of best practices or lessons learned can we apply to our own jurisdiction? This book covers all available answers to date. This volume speaks highly of the quality and foresight of Pelma Rajapakse and her co-authors.

Table of Contents

Frontmatter

Law and Practice of Crowdfunding and P2P Lending in Australia

Frontmatter
Chapter 1. Marketplace Lending and its Development in Australia
Abstract
Chapter 1 provides an overview of the development of ‘marketplace lending’ which is also known as ‘peer-to-peer lending (P2P)’ in Australia. Specifically, how the P2P financing model works in Australia and internationally. Specifically, how various factors have influenced their development.
Pelma Rajapakse
Chapter 2. Key Participants in Australia and Comparison of Peer-to-Peer Lenders with Traditional Banks
Abstract
Chapter 2 examines who are the principal participants of marketplace lending in Australia. Further, this chapter analyses and compares the offerings of marketplace lenders to those of the traditional banks. The potential advantages and disadvantages of these offerings compared to the traditional banks are also analysed.
Pelma Rajapakse
Chapter 3. Challenges for P2P Lending Business Models and Banks
Abstract
Chapter 3 investigates the principal challenges in such business models. Challenges to be considered, but not limited to, would be regulatory, technology, innovation and marketing. This chapter also explores the challenges marketplace lending may pose to traditional intermediation.
Pelma Rajapakse
Chapter 4. Development of Virtual Currency and ICOs in Australia
Abstract
Chapter 4 examines the development of cryptocurrency in the Australian context with special reference to regulatory response by the Australian legislator to the new developments in the digital-finance world. However, since cryptocurrencies have no national or geographical boundaries, it is essential that our discussion should not only confine to Australia. Hence, we place our discussion in the international context, while focusing more on the regulatory developments in the Australian context. The varying characteristics of crypto currencies, tokens, and Initial Coin Offerings (ICOs) make the legal nature of such very difficult to assess. The Australian Securities and Investment Commission (ASIC) takes a broader approach and seeks into the fact whether a token falls within the definition of a financial product, with the term “security” with primarily referring to shares and debentures in Australia. Jurisdictions elsewhere take various approaches to regulate cryptocurrencies and associated entities. Countries such as China and South Korea have announced outright bans on ICOs. whereas other countries such as United States have issued regulatory warnings. This discussion does not intend to cover all aspects pertaining to cryptocurrencies, yet looks into some resent developments and how the Australian legislator is responding to the ever changing scenario.
Shanuka Senarath
Chapter 5. Regulatory and Policy Reforms in P2P Lending in Australia
Abstract
Chapter 5 will provide an overview of the various regulatory regimes that potentially apply to P2P operators using the various operating models discussed in Chap. 1 of this book. Particular attention will be paid to the regulatory regimes applying to P2P operators using the managed investment funds model, with a brief overview of the application of the regulatory regimes applying to the P2P operators using the securities model, derivatives model and the financial markets model. An international comparison will be drawn with the regulatory framework adopted in the United States and the United Kingdom. It will be argued that, due to the lack of a specific regulatory response to marketplace lending, P2P operators are required to navigate a labyrinth of regulation which is unduly complex and costly and may impede the continued growth and development of the industry. The United Kingdom, United States and Equity Crowdfunding Act therefore provide useful examples for regulating marketplace lending.
Pelma Rajapakse

Law and Practice of Crowdfunding and P2P Lending in China

Frontmatter
Chapter 6. Marketplace Lending and its Development in China
Abstract
Chapter 6 provides an overview of the development of crowdfunding and peer-to-peer lending in China including how the financing model works in China and how various factors have influenced their development.
Yinxu Huang
Chapter 7. Virtual Currencies, ICOs and Central Bank Digital Currencies in China
Abstract
This chapter provides an overview of the development of virtual currencies, ICOs and Central bank digital currencies in China.
Yinxu Huang
Chapter 8. New Financial Regulatory Mode and Regulatory Technology in China
Abstract
Chapter 8 will analyse how China applies RegTech to regulation. In addition, this chapter will also analyse how China regulates Bitcoin, virtual currencies, and ICOs, as well as why and how China will issue the central bank digital currency.
Chenliang Hou

Law and Practice of Crowdfunding and P2P Lending in Japan

Frontmatter
Chapter 9. Marketplace Lending and its Development in Japan
Abstract
Chapter 9 provides that peer-to-peer (P2P) lending has become ever more popular and is now widely used in Australia and China. In contrast, P2P lending is not very common in Japan till recently. Following the birth and growth of P2P lending in the US, some Japanese financial technology (FinTech) startups commenced P2P lending services in Japan. However, Japanese P2P lending services differ from those in the US as they are customised to the needs of the Japanese market and legal regulation. Nonetheless, P2P lending services in Japan, including both the original US and revised Japanese version, have not yet grown as much as those in the US, Australia, and China.
Hatsuru Morita
Chapter 10. Regulation of Crowdfunding and P2P Lending in Japan
Abstract
In Chap. 10, the regulation of various types of crowdfunding and P2P lending in Japan is discussed. While there is a range of financial regulations in Japan, these regulations mainly try to protect either individual investors or fundraisers. Naïve investors may mistakenly put their valuable money into fraudulent investment schemes or inappropriate investment schemes. In the same way, naïve fundraisers may assume inappropriately heavy obligations, resulting in financial distress in the future. In the case of conventional finance to corporations, special regulation is not needed to protect them because they are supposedly more knowledgeable and sufficiently intelligent to avoid an excessive financial burden. However, in the case of crowdfunding and P2P lending, those who accept finance are not necessarily wise and prudent corporations, but often individuals with limited resources. This is why financial regulations need to protect not only individual investors, but also fundraisers.
Hatsuru Morita
Chapter 11. Regulatory and Policy Reforms in Japan
Abstract
Chapter 11 discusses another way to finance small startup businesses through individual investors. Recently, initial coin offerings (ICOs) employing virtual currencies such as Bitcoin and Ethereum have been rapidly gaining attention around the world. The increasing prevalence of virtual currencies and ICOs are partly the result of these new financial instruments taking advantage of legal loopholes. However, because virtual currencies and ICOs pose novel challenges, some jurisdictions have begun to adopt new regulations. Japan is one of such jurisdictions. Section 11.1 describes the regulation and related private law rules of virtual currencies and Section 11.3 the regulation of ICOs.
Hatsuru Morita
Chapter 12. Unique Features of Crowdfunding and P2P Lending Regulation in Australia, China and Japan
Abstract
Chapter 12 provides a comparative analysis of the regulatory modes and concepts of crowdfunding, P2P and Fintech in Australia, China and Japan, in order to find the unique advantages and common characteristics of the regulatory systems of these three countries.
Yinxu Huang, Chenliang Hou
Backmatter
Metadata
Title
Law and Practice of Crowdfunding and Peer-to-Peer Lending in Australia, China and Japan
Authors
Dr. Pelma Rajapakse
Yinxu Huang
Prof. Hatsuru Morita
Copyright Year
2022
Publisher
Springer Nature Singapore
Electronic ISBN
978-981-19-3834-4
Print ISBN
978-981-19-3833-7
DOI
https://doi.org/10.1007/978-981-19-3834-4