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ARTICLE · 08 OCTOBER 2012

Funding innovation or shortcut to the hot-seat?

Crowd funding can be a funding source for projects and businesses getting off the ground, but beware regulatory traps.

AustraliaFinance and Banking
Ryan Doherty
Ryan Doherty

Crowd funding represents an untapped source of funding for projects and businesses trying to get off the ground, but regulatory traps lurk for those who are not aware.

Crowd funding is the latest confrontation between the borderless, fast-paced world of social media and traditional regulation. It is a burgeoning industry both in Australia and worldwide, and in light of the Australian Securities and Investments Commission's (ASIC) recent guidance note on crowd funding, practitioners need to be aware of the potential issues that could arise when acting for participants.

In particular, it is important to understand the limitations that the current regulatory framework places on crowd funding activities in Australia, as well as strategies that might be available to aid clients. Practitioners should also understand overseas developments in crowd funding regulation, in order to anticipate better the direction of possible law reform at home.

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