크라우드펀딩 도입방안에 대한 법적 검토

Crowdfunding provides a convenient and simple way for companies, individuals, and other business entities to raise start-up capital from a large pool of investors over the internet. Social networks have been used as a medium for financing films and other forms of art as well as charitable solicitations. The internet has the potential for using crowdfunding to reach large numbers of people. Even though crowdfunding can be used to finance small business enterprises, a business seeking investors through crowdfunding implicates the securities laws which provide investor protection by requiring disclosure and registration. Title Ⅲ of the Jumpstart Our Business Startups ('JOBS') Act provides a crowdfunding exemption from securities registration for small issuers to publicly offer up to $1,000,000 in equity securities during a 12-month period in the U.S. JOBS Act provides for a new registered securities intermediary known as a funding portal. Funding portals or registered brokers should participate in crowdfunding offerings of securities conducted in accordance with the new federal offering registration exemption provided in the JOBS Act. Crowdfunding through established portals emerged as a phenomenon in the places like U.K., Italy, France more-or-less contemporaneously with the growth of crowd-based websites in the U.S. Korean Government and National Assembly try to enact crowdfunding by amending Capital Market and Financial Investment Act. It is necessary to introduce crowdfunding for start-up business publicly raising capital from people. But there would be some problems in enacting crowdfunding by amending Capital Market and Financial Investment Act. There would be a probability that encouraging small business formation and capitalization clash with the regulatory investor protection thrust of Capital Market and Financial Investment Act.