Lending-based crowdfunding is regulated by the Act on Online Investment-linked Financial Business and the Protection of Users. Thus, any person who intends to make loans to a designated borrower with the funds invested by investors with the intent to provide the funds to such borrower through an online platform and lending the right to receive the principal of such peer-to-peer loans and interest thereon to the investors needs to meet the following requirements and register itself: (i) it shall be a stock company under the Commercial Act, (ii) it shall maintain a minimum equity capital of KRW 500 million depending on the amount of peer-to-peer loan, (iii) it shall have personnel, electronic system, and other physical facilities sufficient to protect its investors and conduct the business in which it intends to engage, (iv) its business plan has to be feasible and sound, (v) it shall have an appropriate internal control system, (vi) requirements regarding officers and major shareholders need to be met, etc.
Additional comments regarding the legal situation for crowdfunding, crowdinvesting and crowdlending platforms or what FinTech’s must be aware of in this business area
Under the FISCMA, a person operating as a crowdfunding broker shall comply with relevant provisions under the FISCMA, such as announcing conditions to the issuance of securities, financial status, business plans, etc. on its website, issuing securities only after allowing exchange of opinions between investors and the issuer or between investors regarding the same, setting investment limits for each investor, not posting investment advertisements except for on its website, etc.
In addition, a person operating an online investment-linked financial business has to comply with restrictions pursuant to the Act on Online Investment-linked Financial Business and the Protection of Users, such as publishing information and receiving commission.
Economic conditions
Market size for crowdfunding, crowdinvesting and crowdlending platforms and biggest companies in this business area
With respect to investment-type crowdfunding, 585 companies generated a total of KRW 112.8 billion during the four years following 2016, and the annual issued securities reached KRW 39 billion in 2019. Wadiz, the largest crowdfunding platform in Korea, recorded KRW 200 billion in funding in 2020. Wadiz provides investment-type crowdfunding and reward-based crowdfunding services.
However, according to the Korea Securities Depository, the market has gradually contracted since 2019, largely due to diminished investor trust in certain fundraising companies and the low fee structures that reduce platform profitability. As of 2024, the total amount of securities issued through investment-type crowdfunding had fallen to KRW 13.7 billion.