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The purpose of this chapter is to expose the limitations of the equity-based crowdfunding provisions of the 2012 JOBS Act. These provisions have received much attention because they have the potential to open funding opportunities to countless underfunded entrepreneurs and small businesses. In addition, they can provide everyday investors with new ways to diversify their portfolios. However, the author asserts that the JOBS Act is unlikely to be successful in its current incarnation, because it overly burdens the entrepreneur with reporting and accountability requirements, among other things. The author resolves these issues by articulating a regulatory alternative to the JOBS Act.

This chapter reviews the general requirements for equity-based crowdfunding under the 2012 JOBS Act. It also reviews the various approaches individual states and other countries have taken to promote equity-based crowdfunding.

The existing law and proposed regulations for equity-based crowdfunding under the JOBS Act are overly burdensome and will impair the ability of entrepreneurs and small-businesses to successfully use equity-based crowdfunding throughout the United States. Regulators and other lawmakers need to adopt new rules focused on protecting consumers via spending limits.

Most of the research is based on theory, because the equity-based regulations have not been finalized or implemented at the federal level. However, the United States can learn much from the equity-based crowdfunding efforts of individual states and other countries.

This chapter’s critique is designed to engage lawmakers, regulators, entrepreneurs, and small businesses in a new discussion about equity-based crowdfunding regulations.

There is arguably a balance between exploration and exploitation within a commercial organization which leads to sustainable growth and value creation. Exploratory activities are associated with search, innovation, risk-taking and experimentation. Activities, such as selection, implementation and execution are considered exploitative in nature. We show that the governance structures and mechanisms that are typically employed in venture capital-backed companies ensure an optimum balance between the exploratory behavior of entrepreneurs and the exploratory focus of venture capitalists. New players in the venture capital cycle, such as crowdfunding platforms and corporate venture capital units, often fail to understand the importance of the interaction and interrelation between the apparently opposing exploratory and exploitative activities. However, collaborative venture capital models that are currently emerging appear to restore the necessary equilibrium in the “new” venture capital cycle.

Crowdfunding though existent, is still at the nascent stage in India being limited to charity and reward-based funding of creative and social projects by the crowd. The Indian regulatory authorities are in the process of formulating policies to encourage and monitor crowdfunding platforms that are based on financial return. The Indian Micro, Small and Medium Enterprises (MSME) sector in particular is facing financing problems, and crowdfunding could be a viable alternative to traditional sources of finance. In this context, the study attempts to suggest an operational framework for crowdfunding in India with special reference to the MSME sector in terms of eligibility norms, rules for investor protection, sustaining market integrity, providing a supportive infrastructure and defining the role of online crowdfunding platforms.

This is a qualitative study conducted through personal interviews based on unstructured questions. The Directors or Chief Finance Officers of MSME firms and Senior Officials (with minimum work experience of 15 years) in the SME divisions of banks (private and public) located in the National Capital Region, were interviewed to identify the perspectives on the research issues of the chapter. The sampling criterion allowed us to incorporate both investors’ and investees’ concerns regarding the research issues.

These are the inherent nature of qualitative analysis, interviewees’ individual understanding of the subject and sample size.

The study will contribute to the vital discussion prior to the government’s decision on role of equity and debt-based crowdfunding in India in the future.

The study will shed light on the fact that Indian society needs to be well informed about novel investment options such as crowdfunding. The Indian MSME sector can also discuss the opportunities offered by crowdfunding with the government to reduce their problem of access to finance.

The scope of crowdfunding in the Indian MSME sector has not been thoroughly researched, as the phenomenon is new in India. The study highlights how the use of crowdfunding by micro, small and medium firms has the potential to boost manufacturing- and service-related business activities to further increase the national income.

Modern funding channels that supplement established mediators may present cybersecurity problems. Traditional investors work with artificial intelligence. In this chapter, the focus is on digitalization in the context of entrepreneurial finance. Crowdfunding platforms have become an alternative to meet the funding needs of entrepreneurs. Crowdfunding platforms have become an alternative for individuals who want to support social entrepreneurs and social enterprises because the financing of initiatives on the solution of social problems is provided by governments, companies and non-profit institutions. Literature shows that equal opportunities and benefits for disadvantaged groups can be created by social entrepreneurship. A snowball effect can be created by each project made to create social impact.

This chapter shows how the theory of industrial organization can help us understand some important aspects of crowdfunding that go beyond the finance sphere of the firm. A special attention is devoted to the role and behavior of crowdfunding platforms, which intermediate between entrepreneurs and contributors.

Even if crowdfunding is now practiced on all continents, not all countries have reached the same stage in creating a legal framework. The countries based on common law were the first to practice crowdfunding and have, for the majority of them, already regulated the use of crowdfunding. On continental Europe, the countries experienced a later development of crowdfunding but they nevertheless wished to be at the forefront of crowdfunding legislation. The purpose of this chapter is to present the main legislation or projects related to crowdfunding seeking to compare, as far as possible, the different legal frameworks together.

Current trends in financial services are characterised by two intertwined developments. First, increasing digitalisation provides opportunities to invest or raise money through channels that have not been available with more traditional financial services. Crowd-investing and social-trading platforms act as new intermediaries. Similarly, automated advice (robo-advice) is attracting increased attention. Second, the financial crisis of 2007–2010 is associated with a considerable decline in trust in financial institutions, even more so in Iceland, which had experienced a complete collapse of its banking system. Despite the evaporation of trust in their banking system, Icelandic consumers were largely bound to use Icelandic financial institutions because capital controls were in place since the financial crisis until 2017, which limited investors’ opportunities to, for example, diversify their portfolios internationally. As financial decisions are inherently risky and since financial services have the characteristics of credence goods, those who wish to use financial services need to trust financial intermediaries or the immediate contractual partner. The purpose of this chapter is to examine the role of trust in the context of increased digitalisation, and to discuss steps to establish trust in digitalised financial services. Among other items, we discuss the information requirements accompanying financial products and financial institutions, data protection and liability in the context of emerging digitalisation. Our work holds implications for individuals, financial service providers, policy makers and supervisory authorities.