Professional & Financial Services UK-wide

Operating an electronic system for loan-based crowdfunding (peer-to-peer lending) or investment-based crowdfunding is a regulated activity. You must obtain FCA authorisation before operating.

Operating without FCA authorisation is a criminal offence. This guide covers the requirements for loan-based (P2P) platforms - investment-based crowdfunding has additional MiFID requirements.

Understanding FCA crowdfunding regulation

Which type of crowdfunding?

TypeFCA Regulated?What it involves
Loan-based (P2P)YesConsumers lend money for interest and capital repayment
Investment-basedYesConsumers buy shares or debentures in businesses
Donation-basedNoContributors receive nothing in return
Rewards-basedNoContributors receive non-financial rewards

Capital and financial resource requirements

P2P platforms must maintain adequate financial resources to protect investors.

Calculating your capital requirement

The requirement scales with loaned funds under management. You must recalculate whenever loaned funds increase by more than 25%.

Example: A platform with £10 million loaned funds would need capital significantly above the £50,000 minimum. Review IPRU-INV 12 for the specific calculation formula.

Investor restrictions and marketing

You cannot market P2P investments to all investors - restrictions apply.

Investor classification process

  1. Determine investor category at onboarding
  2. For restricted investors, calculate 10% of net investible assets
  3. Monitor investment levels against limits
  4. Allow reclassification when investors meet criteria (2+ P2P investments in 2 years)

Appropriateness assessment

Before accepting investments, you must assess whether P2P is appropriate for the investor.

Client money rules

If you hold client money, CASS 7 rules apply.

Avoiding client money

Some platforms structure operations to avoid holding client money - for example, by having lenders pay directly to borrowers' accounts. This removes CASS requirements but may not suit all business models.

Wind-down arrangements

You must have arrangements to protect investors if your platform fails.

Key wind-down documents

  • Resolution manual: Details of critical staff, IT systems, outsourcing, bank accounts, loan data
  • Standby servicer agreement: Contract with third party to take over loan administration
  • Investor disclosure: Clear explanation of arrangements before first investment

Disclosure and reporting

Annual outcomes statements and regular reporting are required.

Applying for authorisation

Preparing your application

  1. Business plan: Detailed description of platform operations
  2. Governance: Senior Managers and Certification Regime documentation
  3. Policies: Investor restrictions, appropriateness, client money (if applicable)
  4. Wind-down plan: Resolution manual and standby servicer arrangements
  5. Financial projections: Capital adequacy and ongoing viability

Tip: Use FCA's Pre-Application Support Service (PASS) for complex platform structures.