Equity crowdfunding needs to build greater trust

04 Mar 2015 | News
As part of a push towards a capital markets union, the EU ponders how to regulate a fast-growing market to increase confidence and promote mass investment

Regulation that clearly establishes the rules of the game for equity crowdfunding is needed if the sector is to take off as a credible source of investment for early stage companies.

“Investors need assurances if they are to use this innovative financing,” said Josina Kamerling, head of regulatory outreach at the CFA Institute, a body representing investment professionals, speaking to an event organised by the European Crowdfunding Network in Brussels.

Equity crowdfunding, where investors buy stakes in companies online, mostly in start-ups, carries high risks and has high expected failure rates.

Because it is so new, lawmakers are playing catch-up in a scene rife with complaints alleging poor investor protection.

Kamerling is part of the European Crowdfunding Stakeholders Forum, an expert group set up by the EU to investigate how to regulate the market, both to help investors and to increase cross-border investment, while not to strangle the fledgling sector.

The Forum held its third meeting on Wednesday and is tip-toeing towards a set of recommendations for the sector by the summer.

The push on crowdfunding is also part of the EU’s broader plan, outlined last month, to create a capital markets union, which is a set of initiatives with a central aim of reducing small business (SME) dependence on bank lending. 

Fast growing – but not for everyone

Most crowdfunding today is in the form of donations for philanthropic projects, but there have been significant forays into equity crowdfunding, also referred to as crowdinvesting.

It is increasingly being used by small businesses and start-ups which struggle to access loans from banks. When UK-based Triodos Renewables needed to raise €5 million, it approached Trillion Fund, a crowdfunding platform for clean energy. A Welsh biotech company, Cell Therapy, recently raised around £700,000 towards the development of a new cardiovascular drug.

For the entrepreneurs and businesses that have used it, crowdfunding is not just another way to access finance, but a market testing and marketing tool.

However, there are misconceptions. “It’s the Wild West; everyone thinks there’s gold,” said David Mellett, founder of Economy2dot0, which advises SMEs on crowdfunding campaigns in Belgium. “Everyone’s building train tracks to get to it, and then they realise it’s not so easy to get the gold out of the ground.”

Crowdfunding is not an obvious road for all companies. There are still entrepreneurs who see it as too complex or just risky. By putting business proposals online, they expose their ideas to competitors.

Part of the problem is that the rules of the game vary between European countries. Italy was an early mover and opted for a tightly regulated market. In other countries, like the Netherlands and the UK, laws on equity crowdfunding are more relaxed.

As a result of these differences, there is virtually no money moving across borders. Today, a Spanish person who wants to invest into a Dutch renewable energy project through a crowdfunding platform will find it is not very easy, said Kamerling.

In the US, there’s been a lot of opposition to crowdfunding. Currently, only friends, family, and accredited, meaning wealthy, investors can invest for shares in a company, though a new law is in the works to loosen these requirements. 

EU talks on new rules

The EU would like to establish more trust in equity crowdfunding but the danger is that a thicket of red tape could scare away investors, while lax policies could lead to losses for investors, killing overall trust in crowdfunding sites.

Investors are fearful of losing their shirts on crowdfunding projects that go bust. “It’s hard enough for a business angel or a venture capitalist to invest well in start-ups, but to do it through the internet, when you haven’t met the team [involved], is much more complicated and fraught with all sorts of difficulties,” said Karen Wilson, senior fellow with Bruegel, a Brussels-based think-tank.

It would be helpful if investors, who in the crowdfunding age are more likely to be amateurs, knew more about what they were getting themselves into, said Kamerling. Websites differ in terms of the services they offer for screening and evaluating companies.

A recent paper by the European Banking Authority said platforms should have to provide a minimum amount of due diligence, such as audited financials, for investors. While Germany’s tech-focused funding portal Innovestment and UK-based Crowdcube offer investors pitch videos, business plans and financial plans, other websites have been called out for cherry-picking data and providing misleading claims about new products.

There is also discussion in the European Crowdfunding Stakeholders Forum around establishing an EU quality label which would signal compliance with certain industry standards. In some countries, such as the UK, self-regulatory bodies have already put in place rules that platforms can comply with and obtain the quality label of the association.

However, these rules are easy to bypass because they rely for the most part on self-certification. Some websites might simply decide not to sign up.

The reason there is not more cross-border investment is because investors do not know how to find a redress for fraud, said Kamerling. “Who can you address when a venture fails? Investors don’t know where to go,” she said. Enforcement in the form of a Brussels-backed watchdog is one option, albeit one that risks coming off as heavy-handed. For this reason, it is not a move that many in the industry recommend.

Still, there are several quick wins EU lawmakers could go after. “A European investor hotline is a must,” said Kamerling. Building up a network of expert contact points would develop trust, she said. Arrangements for cooling off periods, which allow investors to change their minds after making an investment, should be a standard for websites throughout Europe too, she added.

At a minimum, the EU is likely to back a bigger communication effort. Right now entrepreneurs might not consider equity crowdfunding for the same reason that local governments in Greece do not spend their full share of allocated EU regional money: they are not always aware what is out there, said Kamerling.

Modest scene brewing in Belgium

Belgium has a small, but quickly growing, crowdfunding scene. According to figures from the accountancy firm KPMG, around 100 crowdfunding campaigns raised €2.5 million in 2014, up 80 per cent from the previous year. 

In the Netherlands over €30 million was raised in 2013, in France over €80 million and in the UK more than €100 million. 

To protect investors, Belgian law has put a ceiling of €1,000 on project investments. Successful entrepreneurs can expect to raise around €20,000 on average through a Belgian platform, said Mellett.

Although the country has eight active websites, its most popular one is actually French, KissKissBankBank.

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