Crisis or Opportunity: The UK’s Regulatory Evolution of Investment-Based Crowdfunding - Business Law Review View Crisis or Opportunity: The UK’s Regulatory Evolution of Investment-Based Crowdfunding by - Business Law Review Crisis or Opportunity: The UK’s Regulatory Evolution of Investment-Based Crowdfunding 47 2

Crowdfunding, particularly investment-based crowdfunding (IBCF), has become a vital funding avenue for small and medium-sized enterprises (SMEs), enabling them to raise capital directly from the public. While IBCF offers advantages such as democratizing investment opportunities and lowering financing barriers, it also presents significant risks, including information asymmetry, fraud, and investor exposure. This article examines the evolution of the regulatory framework for IBCF in the UK from 2011 to 2024, focusing on the balance between encouraging sector growth and ensuring investor protection. Initially, the UK’s Financial Conduct Authority (FCA) adopted a principles-based regulatory (PBR) approach, promoting flexibility and growth. However, this model also led to gaps in platform accountability, with inadequate due diligence leading to misleading investments. In response, the FCA has introduced stronger liability requirements for platforms and tightened due diligence standards. Despite these efforts, challenges persist in ensuring consistent platform compliance and protecting investors from emerging risks. The article concludes that while the UK’s regulatory framework has adapted to mitigate IBCF risks, further refinements are needed to clarify platform responsibilities, enhance investor disclosures, and improve due diligence practices. Ongoing regulatory adjustments will be critical to maintaining investor confidence, supporting innovation, and ensuring crowdfunding remains a secure funding option for SMEs.

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