Research On The Legal Risk Prevention Of Equity Crowdfunding

In recent years, the Internet financial has becomed a hot topic, its appears not only reflects the trend of modern financial industry development banking, securities, etc., and to some extent reversing the small micro-enterprise financing is not encountered in the process valued traditional financial institutions situation, to solve the survival and development of small and micro enterprises in the face of a shortage of funds, financing channels narrow, high funding costs and other problems. Equity Crowdfunding is the most promising financial financing model of Internet, with its high financing efficiency, low financing costs, not subject to time and geographical limitations of the global popular, by the grassroots entrepreneurs who hold. As a new thing, the equity crowdfunding raised strong vitality, at the same time, because of the lack of sound legal regulation and become unsystematic, even once beyond the law of red in the performance, toward illegal fund-raising abyss. Based on this, how to guide the development of equity to raise the standard has become a practical problem to be solved in practice. This paper is divided into five parts:The first part, an overview of equity crowdfunding. In this part, the author introduces the concept of equity crowdfunding, features, analyzes the differences between equity crowdfunding and Internet private equity financing.The second part, the main legal risk analysis of equity crowdfunding. In this section, the author analyzes the body that is involved in the financing, investors, legal risks involved in equity crowdfunding platform crowdfunding equity financing activities may have encountered or equity crowdfunding, in order to analyze problems below, were made to solve the problem bedding.The third part, equity crowdfunding legal risks existing prevention measures study. In this part, the author introduces the current main measures to deal with domestic equity crowdfunding legal risks, including the conduct of equity crowdfunding business must be authorized to take holdings commission, set up the limited partnership approach to reducing the number of shareholders financing from banks, as Third-party investment funds depository strengthen the obligation of information disclosure by financial management and control and so on, and analyze the shortcomings of these measures.The fourth part, the legal risks of foreign equity crowdfunding to raise public prevention measures and enlightenment. In this part, I still to public equity raise participation from the view of the subjects, introduces abroad to prevent public equity to raise the legal risk measures, and on the foundation of analyzing foreign related provisions, summed up for our country to draw lessons from the beneficial experience.The fifth part, improving our equity crowdfunding legal risk prevention system. In this section, the author for the main legal risks of equity crowdfunding existed, proposed the establishment of small public offering exemption from registration system, establish and improve investor protection, the establishment of a comprehensive review of the equity crowdfunding platform system, to play the role of self-regulation of industry associations, build a diversified dispute settlement system and other recommendations.