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Regulating On-Line Peer-To-Peer Lending in the Aftermath of Dodd-Frank: in Search of an Evolving Regulatory Regime for an Evolving Industry
DISCUSSION DRAFT Chaffee & Rapp Washington and Lee Law Review REGULATING ON-LINE PEER-TO-PEER LENDING IN THE AFTERMATH OF DODD-FRANK: IN SEARCH OF AN EVOLVING REGULATORY REGIME FOR AN EVOLVING INDUSTRY Eric C. Chaffee* Geoffrey C. Rapp** I. INTRODUCTION Like Congress’s prior attempt to legislate a post-bubble repair and prevention strategy for the American economy, the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley),1 the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has received a somewhat chilly response from legal academics.2 As was the case with Sarbanes-Oxley,3 however, even amid all of the proposals included for the sake of “doing something” rather than for a strong policy justification, a few nuggets of genuine value can be found. One of those, in the case of Dodd-Frank, is the opening effort to address the regulatory gap surrounding on-line peer-to- * Associate Professor of Law and Chair of the Project for Law and Business Ethics, University of Dayton School of Law; J.D., University of Pennsylvania (2002); B.A., The Ohio State University (1999). I would like to thank Christine Gall, Esq. for support and encouragement while drafting this essay. ** Harold A. Anderson Professor of Law and Values, University of Toledo College of Law; J.D. Yale Law School (2001), A.B. Harvard College (1998). Eric Johnson (Toledo ’12) provided excellent research in support of portions of this article. 1 Sarbanes-Oxley Act, Pub. L. No. 107-204, 116 Stat. 745 (2002) (codified at 15 U.S.C. -
Dn-153040 Filed Pursuant to Rule 424(B)(3
Filed Pursuant to Rule 424(b)(3) Registration Statement No. 333-147019 $500,000,000 Borrower Payment Dependent Notes This is a public offering to lender members of Prosper Marketplace, Inc., or Prosper, of up to $500,000,000 in principal amount of Borrower Payment Dependent Notes, or “Notes.” We will issue the Notes in a series, with each series of Notes dependent for payment on payments we receive on a specific borrower loan described in a listing posted on our peer-to-peer online credit auction platform, which we refer to as our “platform.” All listings on our platform are posted by individual consumer borrower members of Prosper requesting individual consumer loans, which we refer to as “borrower loans.” Important terms of the Notes include the following, each of which is described in detail in this prospectus: Our obligation to make payments on a Note will be limited to an amount equal to the lender member’s pro rata share of amounts we receive with respect to the corresponding borrower loan for that Note, net of any servicing fees. We do not guarantee payment of the Notes or the corresponding borrower loans. The Notes are special, limited obligations of Prosper only and are not obligations of the borrowers under the corresponding borrower loans. The Notes will bear interest from the date of issuance, have a fixed rate, be payable monthly and have an initial maturity of three years from issuance, which we may change from time to time. A lender member’s recourse will be extremely limited in the event that borrower information is inaccurate for any reason. -
Peer-To-Peer Lending Corporate Excellence Insights
August 2018 CORPORATE EXCELLENCE INSIGHTS We are a specialized provider of systematic Quality Investment Solutions and one of the few providers of Quality equity investment strategies worldwide. Corporate Excellence Insight is our monthly publication that includes a brief update on markets and our thoughts about major trends that are impacting the investment management industry. MARKET UPDATE: STRONG CORPORATE GROWTH Strong global economic and corporate profit growth outweighed the escalating trade tensions in July. Economic data surprised on the upside in the US, picked up in Japan while stabilized in Europe. Strong Q2 corporate results reaffirmed the estimates for double digit profit growth in 2018. $3.5bn 48.5 x11 U.S. WEEKLY JOBLESS CLAIMS HIT FIAT’S VALUE WAS MULTIPLIED WORLD'S FIRST BIG 5G DEAL MORE THAN 48-AND-A-HALF-YEAR LOW 11 TIMES THROUGH 14 YEARS T-Mobile US named Nokia to supply it The number of Americans filing for Sergio Marchionne, the executive who with next-generation 5G network gear, unemployment benefits dropped to a more rescued Fiat and Chrysler from bankruptcy marking the world’s largest 5G deal so far than 48-1/2-year low in July as the labor after taking the wheel of the Italian and concrete evidence of a new wireless market strengthens further, however trade carmaker in 2004 and multiplied Fiat’s upgrade cycle taking root. tensions are casting a shadow over the value 11 times through 14 years, has died economy’s outlook. aged 66. MONTHLY TOPIC PEER-TO-PEER LENDING Central banks in Europe and the United States got into the rate increasing stance, but the levels are still low and the pace of rate increase is very moderate. -
Prosper Marketplace, Inc. (Exact Name of Registrant As Specified in Its Charter)
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) þ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2009 or o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 333-147019 Prosper Marketplace, Inc. (Exact name of registrant as specified in its charter) Delaware 73-1733867 (State or other jurisdiction of incorporation or (I.R.S. Employer Identification No.) organization) 111 Sutter Street, 22nd Floor San Francisco, CA 94104 94104 (Address of principal executive offices) (Zip Code) (415) 593-5400 (Registrant’s telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Name of Each Exchange on Which Registered None None Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes o No þ Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes o No þ Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. -
Prosper Marketplace Ca, Inc
THESE NOTES ARE ONLY BEING OFFERED AND SOLD TO LENDER MEMBERS WHO ARE RESIDENTS OF THE STATE OF CALIFORNIA AND WHO SATISFY THE FINANCIAL SUITABILITY REQUIREMENTS SET FORTH IN THIS PROSPECTUS. PROSPER MARKETPLACE CA, INC. $250,000,000 Prosper Borrower Payment Dependent Notes $250,000,000 Open Market Borrower Payment Dependent Notes This is a limited public offering being made to lender members of Prosper Marketplace CA, Inc., or Prosper, who are residents of the State of California, of up to $250,000,000 in principal amount of Prosper Borrower Payment Dependent Notes, or “Prosper Borrower Notes,” and up to $250,000,000 in principal amount of Open Market Borrower Payment Dependent Notes, or “Prosper Open Market Notes” issued by Prosper. The Prosper Borrower Notes and the Prosper Open Market Notes are collectively referred to as the “Notes” in this Prospectus. We will issue the Notes in a series, with each series of Notes dependent for payment on payments we receive on a specific borrower loan described in a listing posted on our peer-to-peer online credit auction platform, which we refer to as our “platform.” Two types of listings appear on our platform: (1) listings posted by individual consumer members of Prosper requesting individual consumer loans, which we refer to as “Prosper borrower loans,” and (2) listings posted by financial institutions registered with Prosper setting forth the terms of existing loans and retail installment sale contracts owned by the financial institutions and offered for sale to Prosper, which we refer to collectively as “open market loans.” The Prosper Borrower Notes are dependent for payment on Prosper borrower loans, and the Prosper Open Market Notes are dependent for payment on open market loans. -
(P2p) Lending Model in Islamic Finance / Shariah-Compliant Form
CAPCO ISLAMIC FINANCE CAPABILITY APPLICATION OF PEER TO PEER (P2P) LENDING MODEL IN ISLAMIC FINANCE / SHARIAH-COMPLIANT FORM INTRODUCTION Islamic finance is growing in prominence globally owing to strong interest from consumers due to both theological reasons and its strong ethos of ethical investing. In this environment it is imperative that participants in this sector consider avenues that help with growth acceleration and expanding consumer interest. One of the most interesting avenues for potential expansion is within the alternative finance market, specifically in the P2P lending segment. This paper aims to explore the viability of deploying the P2P lending model in a manner that remains true to the framework of Islamic finance principles such as RIBA (prohibition of interest) and Shariah (prohibition of certain product types). WHAT IS P2P LENDING? P2P lending is a form of finance that enables the exchange however there has been a significant uptick in the invoice of capital without the reliance on a conventional financial lending category for the last three years (From ~£310 million institution to oversee and manage the transactions. This format in 2016 to ~£1.1 billion in 2018)2, this is due to the strong enables the borrowers and lenders to interact directly, usually demand for this service from small to medium sized enterprises facilitated through a web application or platform. (SMEs) and is likely to surge due to the impact of to the socio- economic factors of the past year. P2P lending online can trace its origins to the UK with Zopa being the first firm to market this concept, followed by firms UK Overall Volume Growth (£) such as Prosper and Lending Club in the US. -
Peer-To-Peer Lending Annual Report 2019
PEER-TO-PEER LENDING STATE OF THE MARKET ANNUAL REPORT 2019 | WWW.ALTFI.COM UK MARKETPLACE ONLINE LENDING RETURNS IN THE FINTEX LISTED DIRECT ADVERTISED IMPAIRMENTS LENDING IN EUROPE REALITY WAY LENDING RETURNS AND DEFAULTS We follow the trends so you can stay ahead of them. P2: We are specialist advisers in the AlternativeRSM Finance space. At RSM, we make it our priority to understand your business so youADVERT can make confident decisions about the future. Experience the power of being understood. Experience RSM | rsmuk.com The UK group of companies and LLPs trading as RSM is a member of the RSM network. RSM is the trading name used by the members of the RSM network. Each member of the RSM network is an independent accounting and consulting firm each of which practises in its own right. The RSM network is not itself a separate legal entity of any description in any jurisdiction. The RSM network is administered by RSM International Limited, a company registered in England and Wales (company number 4040598) whose registered office is at 50 Cannon Street, London EC4N 6JJ. The brand and trademark RSM and other intellectual property rights used by members of the network are owned by RSM International Association, an association governed by article 60 et seq of the Civil Code of Switzerland whose seat is in Zug. 3 INTRODUCTION PEER-TO-PEER LENDING: STATE OF THE UK MARKET After rapid growth from the ashes of the financial crisis, the alternative finance sector appears to be maturing. However, it faces internal and external challenges that will dictate the industry’s long-term viability and success. -
The U.S. Online, Non-Bank Finance Landscape
The U.S. Online, Non-Bank Finance Landscape Jackson Mueller Executive Summary Advances in computing power and the shift toward a digital economy within the last two decades have changed how consumers and businesses transact, interact, and access financial services. More recently, as traditional financial institutions became hesitant to lend to small business and some consumer categories, online, non-bank finance platforms are picking up the slack in those markets. The once- typical face-to-face meetings with bank representatives, complete with stacks of paperwork, is being replaced with automated processes that dramatically reduce the friction long associated with obtaining capital. This evolution has brought with it dramatically reduced costs, greater efficiencies, and an abundance of data about the borrower, creating a fertile environment for the development of online finance. Internet platforms have capitalized on the shift and harnessed the data (both public and private) to build underwriting models capable of providing a credit score based on thousands, perhaps tens of thousands, of data points on a borrower in real time. The click of a button is replacing the handshake. But who are these non-bank lenders? How do these firms operate? What sort of products do they offer? And, most importantly, how did they grow to become such a recognizable resource for credit? In the supplemental landscape to this paper, I have profiled more than 70 predominantly U.S.-based online, non-bank financing platforms seeking to answer such questions. Given the variety of business models, products, and practices associated with the non-bank financing space, it is incumbent upon regulators and policymakers to understand these distinctions in developing oversight frameworks that support innovation while ensuring sufficient protections for borrowers and investors. -
Complex Regulatory Landscape for Fintech an Uncertain Future for Small and Medium-Sized Enterprise Lending
White Paper The Complex Regulatory Landscape for FinTech An Uncertain Future for Small and Medium-Sized Enterprise Lending August 2016 Contents 3 Foreword 4 Acknowledgements 5 List of Abbreviations 6 Executive Summary 8 Global FinTech Snapshot 8 Introduction 8 FinTech Conundrum 8 Major FinTech Markets 9 Market Disparities 10 SME Environment 10 Financing Issues 10 Global SME Lending 10 Job Creation 11 Regulatory Environment 12 Business Models 12 Regulatory and Market Overview 14 Investor Protection and Securities Laws 15 Clearing, Settlement and Segregation of Client Money 16 Risk Retention and Capital Requirements 17 Secondary Servicer Agreements 17 Tax Incentives 18 Promotion of SME Lending 18 Credit Analysis and Underwriting 19 Data Protection 20 Regulatory Reporting 20 Registration and Licensing 21 Debt Collection 21 Interest Rate Regulation 22 Private-Sector Outlook and Concerns 22 Regulatory Uncertainty 23 Transparency, Fraud and Self-Regulation 24 Standardization and Data World Economic Forum 26 Case Study: CreditEase 91-93 route de la Capite CH-1223 Cologny/Geneva 26 Background and Performance Switzerland Tel.: +41 (0)22 869 1212 28 Future Development Plans and Ongoing Concerns Fax: +41 (0)22 786 2744 Email: [email protected] 29 Conclusion www.weforum.org World Economic Forum® © 2016 – All rights reserved. No part of this publication may be reproduced or Transmitted in any form or by any means, including The views expressed in this White Paper are those of the author(s) and do not necessarily represent the views of the Photocopying and recording, or by any information World Economic Forum or its Members and Partners. White Papers are submitted to the World Economic Forum as Storage and retrieval system. -
Marketplace Lending a Temporary Phenomenon? Foreword 1
Marketplace lending A temporary phenomenon? Foreword 1 Executive summary 2 1. What is marketplace lending? 4 2. Marketplace lending: a disruptive threat or a sustaining innovation? 8 3. The relative economics of marketplace lenders vs banks 11 4. The user experience of marketplace lenders vs banks 23 5. Marketplace lending as an asset class 24 6. The future of marketplace lending 30 7. How should incumbents respond? 32 Conclusion 35 Appendix 36 Endnotes 37 Contacts 40 Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.co.uk/about for a detailed description of the legal structure of DTTL and its member firms. Deloitte LLP is the United Kingdom member firm of DTTL. This publication has been written in general terms and therefore cannot be relied on to cover specific situations; application of the principles set out will depend upon the particular circumstances involved and we recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Deloitte LLP would be pleased to advise readers on how to apply the principles set out in this publication to their specific circumstances. Deloitte LLP accepts no duty of care or liability for any loss occasioned to any person acting or refraining from action as a result of any material in this publication. © 2016 Deloitte LLP. All rights reserved. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 2 New Street Square, London EC4A 3BZ, United Kingdom. -
UC DAVIS STUDY of CALIFORNIA WOMEN BUSINESS LEADERS a Census of Women Directors and Highest-Paid Executives 2015–16
In Partnership with UC DAVIS STUDY OF CALIFORNIA WOMEN BUSINESS LEADERS A Census of Women Directors and Highest-Paid Executives 2015–16 1 NUMBER OF WOMEN FOR EVERY 7 MEN AMONG DIRECTORS AND HIGHEST-PAID EXECUTIVES IN CALIFORNIA’S LARGEST PUBLIC COMPANIES Released November 17, 2015 Visit our website on Advancing Women in Business Leadership gsm.ucdavis.edu/women THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS 2 Message from Interim Dean Ann Huff Stevens 3 Message from Our Partner: Marlene Williamson, CEO, Watermark 4 Methodology 5 Executive Summary 6 Trends 7 California’s Top 25: The Corporate Leaders of Gender Diversity in the Boardroom and Executive Suite 8 Women Board Directors of California’s 400 Largest Public Companies 9 - Woman Board Directors by Company 10 - Who are the Women Directors? 11 - Women Directors by Industry 12 - Women Board Directors by Company Size 13 - Women Board Directors by Location 14 - Women Board Directors: Race & Ethnicity 15 - Public Policy Impact: California Senate Concurrent Resolution 62 Urging More Women on Boards 16 Women Executives at California’s 400 Largest Public Companies 17 - Women Executives by Company 18 - Women in the Most Important Corporate Roles 19 - Women Executives by Industry 20 - Women Executives by Company Size 21 - Women Executives by Location 22 - Executive Compensation 24 San Francisco Bay Area Complete Datasets for the 2015 Study 25 Appendix A: California’s 400 Largest Public Companies Ranked by Percentage of Women Directors and Highest-Paid Executives (includes industry category and market capitalization) 31 Appendix B: Who’s Who of Women Directors and Highest-Paid Executives of California’s 400 Largest Public Companies (companies listed alphabetically, identifying women directors and executives) 39 Appendix C: 400 Companies by Location (listed county-by-county with city) Message from the Dean DEAR COLLEAGUES: The UC Davis Graduate School of Management is proud to publish our 11th annual UC Davis Study of California Women Business Leaders: A Census of Women Directors and Highest-Paid Executives. -
A Trillion Dollar Market by the People, for the People How Marketplace Lending Will Remake Banking As We Know It
VI. TOO BIG TO SUCCEED, TOO SLOW TO REACT 1 A Trillion Dollar Market By the People, For the People How Marketplace Lending Will Remake Banking As We Know It BY CHARLES MOLDOW GENERAL PARTNER, FOUNDATION CAPITAL A TRILLION DOLLAR MARKET BY THE PEOPLE, FOR THE PEOPLE VI. TOO BIG TO SUCCEED, TOO SLOW TO REACT 2 Introduction 3 I. Putting the Market Back into Market Economics 4 II. Revolution in the Guise of Cosmetic Surgery 6 III. No Country for Middle Men 9 IV. A $870B+ Industry Table of 15 V. The Maxims 18 Contents MAXIM I: Data, Data, Data Successful players will out-FICO FICO and be fairer than Fair Isaac. MAXIM II: Connections & Liquidity It’s not just about matchmaking but also market-making. MAXIM III: Formidable Barriers Marketplace platforms are neither easy to start nor easy to scale. MAXIM IV: Built to Last Marketplace lenders should be built not just to disrupt but to displace. VI. Too Big to Succeed, Too Slow to React 31 A TRILLION DOLLAR MARKET BY THE PEOPLE, FOR THE PEOPLE VI. TOO BIG TO SUCCEED, TOO SLOW TO REACT 3 Introduction Traditional lending works well. For the banks. BANK BORROWING COSTS AT AN ALLTIME LOW, For centuries, banking has remained fundamentally unchanged. In the simplest NET YIELD AT ALLTIME HIGH terms, banks match savers with borrowers. They pay interest for deposits and make loans to businesses and consumers. Depositors see their savings grow, 20% borrowers use the capital. Banks profi t handsomely on the spread. Historical Short-Term Unsecured Loans Interest Rate Banks, as intermediaries, have always added to the cost of borrowing and lending 15% – that’s the price we pay as a society for their market-making abilities.