New UNIDROIT project on Investment-Based Crowdfunding begins with an Exploratory Consultative Workshop

On 12 and 13 October 2026, UNIDROIT held an Exploratory Consultative Workshop on the Legal and Regulatory Aspects of Investment-Based Crowdfunding (debt and equity), marking the opening phase of a new project included in UNIDROIT’s 2026–2028 Work Programme on the proposal of the World Bank Group.

Investment-based crowdfunding has grown over the past decade as an alternative route for start-ups and small and medium-sized enterprises to raise debt or equity finance directly from the public via online platforms. While a number of jurisdictions have developed regulatory frameworks for the sector, such as the United States JOBS Act and the European Regulation on European Crowdfunding Service Providers (ECSPR), the private law dimensions of these arrangements remain largely unaddressed at the international level. The project aims to respond to this gap, with a view to supporting access to finance, particularly in emerging markets and developing economies.

The workshop was structured around seven thematic sessions examining the principal private-law dimensions of the subject: the relationship between regulation and private law; the typology and classification of crowdfunding; and issues of contract law, liability, property and corporate law, as well as insolvency law. A concluding session considered the potential scope of the project and the type of international instrument to be developed (model law or legal guide).

Over the two days, participants exchanged views on a range of questions. Among the matters explored were a functional, jurisdiction-agnostic approach centred on platform-based crowdfunding, in which the platform intermediary plays a central role, and the extent to which a future instrument might remain neutral across the various business and sectoral models. The relationship between the platform and its users was among the aspects considered to hold particular potential for harmonisation. Participants also discussed the allocation of liability, the structuring of crowdinvestors’ rights, the development of secondary markets, and the treatment of crowdinvestors in the insolvency of a platform, intermediary or issuer, together with the appropriate boundary between private law and regulation and the role of technology, including tokenisation, in the development of the market.

The workshop brought together more than 20 leading academics and practitioners, together with representatives of international and regional institutions, joining from across the world. Their contributions will inform the preparation of an Issues Paper which will be considered by a future Working Group that will take the project forward in its next phase.

Further information on the project is available on its dedicated page.

 

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