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Should Securities Regulation Promote Crowdinvesting?

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  • Hornuf, Lars
  • Schwienbacher, Armin

Abstract

In this paper, we show that too strong investor protection may harm small firms and entrepreneurial initiatives, which contrasts with the traditional ‘law & finance’ view that stronger investor protection is better. This situation is particularly relevant in crowdinvesting, which refers to a recent financial innovation originating on the Internet and targets small, innovative firms. In many jurisdictions, securities regulation offers exemptions to prospectus and registration requirements. We provide an into-depth discussion of recent regulatory reforms in different countries and discuss how they may impact crowdinvesting. Building on a theoretical framework, we show that optimal regulation depends on the availability of alternative early-stage financing such as venture capital and angel finance. Finally, we offer exploratory portal-level evidence from Germany on the impact of securities regulation on small business finance.

Suggested Citation

  • Hornuf, Lars & Schwienbacher, Armin, 2014. "Should Securities Regulation Promote Crowdinvesting?," Discussion Papers in Economics 20975, University of Munich, Department of Economics.
    • Handle: RePEc:lmu:muenec:20975
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    File URL: https://epub.ub.uni-muenchen.de/20975/1/Hornuf%2C%20Schwienbacher%20%282015%29%20Should%20securities%20regulation%20promote%20crowdinvesting.pdf
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    References listed on IDEAS

    as
    1. Luigi Zingales, 2009. "The Future of Securities Regulation," Journal of Accounting Research, Wiley Blackwell, vol. 47(2), pages 391-425, May.
    2. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2006. "What Works in Securities Laws?," Journal of Finance, American Finance Association, vol. 61(1), pages 1-32, February.
    3. Gompers, Paul & Lerner, Josh, 2000. "Money chasing deals? The impact of fund inflows on private equity valuation," Journal of Financial Economics, Elsevier, vol. 55(2), pages 281-325, February.
    4. La Porta, Rafael & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1997. "Legal Determinants of External Finance," Journal of Finance, American Finance Association, vol. 52(3), pages 1131-1150, July.
    5. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    6. Harold Mulherin, J., 2007. "Measuring the costs and benefits of regulation: Conceptual issues in securities markets," Journal of Corporate Finance, Elsevier, vol. 13(2-3), pages 421-437, June.
    7. Reiner Braun & Horst Eidenmüller & Andreas Engert & Lars Hornuf, 2013. "D oes Charter Competition Foster Entrepreneurship? A Difference-in-Difference Approach to European Company Law Reforms," Journal of Common Market Studies, Wiley Blackwell, vol. 51(3), pages 399-415, May.
    8. Douglas Cumming & Sofia Johan, 2013. "Demand-driven securities regulation: evidence from crowdfunding," Venture Capital, Taylor & Francis Journals, vol. 15(4), pages 361-379, October.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Hornuf, Lars & Schwienbacher, Armin, 2014. "The Emergence of Crowdinvesting in Europe," Discussion Papers in Economics 21388, University of Munich, Department of Economics.
    2. Jay L. Caulfield & Catharyn A. Baird & Felissa K. Lee, 2022. "The Ethicality of Point-of-Sale Marketing Campaigns: Normative Ethics Applied to Cause-Related Checkout Charities," Journal of Business Ethics, Springer, vol. 175(4), pages 799-814, February.

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    More about this item

    Keywords

    crowdinvesting; crowdfunding; securities regulation; investor protection;
    All these keywords.

    JEL classification:

    • G20 - Financial Economics - - Financial Institutions and Services - - - General
    • G18 - Financial Economics - - General Financial Markets - - - Government Policy and Regulation
    • G38 - Financial Economics - - Corporate Finance and Governance - - - Government Policy and Regulation
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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