Peer-to-Peer Finance Association Founded by British P2P Lending Services

Zopa, Fundingcircle and Ratesetter announced the launch of the ‘Peer2Peer Finance Association‘.

The members say that the new UK trade body is set up primarily to ensure the growing sector maintains high minimum standards of protection for consumers and small business customers, as it brings much-needed new competition and innovation to the banking market. In Britain this year, peer-to-peer finance will account for more than £100 million of loans to individuals and small businesses. As new financial regulatory structures are put in place by the Government over the next 18 months or more, the Peer-to-Peer Finance Association will also work hard to ensure that the new rules will include effective regulation for the peer-to-peer finance market.

The association is open to other peer-to-peer providers subject to meeting the required standards.
The Association has established a wide definition of peer-to-peer finance providers as:
‘platforms that facilitate funding via direct, one-to-one contracts between a single recipient and multiple providers of funds, where the majority of providers and borrowers are consumers or small businesses. Generally, funding is in the form of a simple loan, but other instruments may evolve over time.’

The Association’s Rules and Operating Principles set out the key requirements for the transparent, fair, robust and orderly operation of peer-to-peer finance platforms and cover:
1. Senior management systems and controls;
2. Minimum capital requirements;
3. Segregation of participants’ funds;
4. Clear rules governing use of the platform, consistent with these Operating Principles;
5. Marketing and customer communications that are clear, fair and not misleading;
6. Secure and reliable IT systems;
7. Fair complaints handling; and
8. The orderly administration of contracts in the event a platform ceases to operate.

Rhydian Lewis, CEO of RateSetter, said: “The message we want to send to the wider world is that Peer to Peer is working: Lenders across a number of sites are getting market beating returns on their savings, Borrowers are getting lower cost loans, and increasingly P2P finance is becoming more established in the mainstream. As an industry, we would all encourage clearer regulation of P2P finance (not least because it would address the perception that P2P is somehow not regulated). The Association will give us a platform with which to lobby for P2P to be considered on an equal footing with other financial services.”

This is the first formal trade organisation of p2p lending services. In the US several companies including Prosper and Lending Club did combine efforts to lobby for congress to ease regulation on p2p lending. Users on the other side, united in the PIVN in the Netherlands.

Friendsclear Temporarily Halts Operations Due To Regulation Issues

Regulation is an often met obstacle to p2p lending. This time Friendsclear in France is affected and has announced a temporary stop to new loan funding. The Banque de France has requested changes in the operating procedures that Friendsclear and its banking partner Crédit Agricole use.

Friendsclear expects the suspension of funding of new loans to last at least one month. Servicing of loans already funded in the past is unaffected.

Petition Might Lower Hurdles for P2P Equity and Crowdfunding in the US

A petition (‘Petition for Rulemaking: Exempt securities offerings up to 100,000 with 100 maximum per investor from registration‘) submitted last July by the Sustainable Economies Law Center to the SEC, aims to exempt securities offerings of up to 100,000 US$ with a limit of 100 US$ per investor. If a new rule granting exemption would be issued by the SEC, this could substantially lower the hurdles for peer-to-peer equity platforms in the US.

The petition 4-605  is online here.

Comments and supporters that joined after the filing are listed here.

Fairplace Faces Investigation by Federal Police

Fairplace, the first p2p lending service in Brazil, faces an investigation by the Federal Police (Polícia Federal). Launched in April Fairplace so far facilitated 2.5 million BRL (approx. 1.5 million US$) loans. Apparently the Central Bank requested an investigation as early as August 10th, claiming that Fairplace violates laws that prohibit companies that are not financial institutions to operate in financial markets.

In December then the Federal Public Ministry of St. Paul (Ministério Público Federal) asked the Federal Police to open an investigation. According to press coverage penalties for the possible violations range up to four years imprisonment.

Separate investigations are undertaken by the Brazil Securities Commission (Comissão de Valores Mobiliários (CVM)).

Founder Eldes Matiuzzo says his company does not provide loans but only offers a platform to match lenders and borrowers. He added that the company checked the legal situation before launching.

Nevertheless Fairplace suspended the auction of new loans on the site on Dec. 15th.