Dear sir/ma'am,
The Consultation Paper on Crowdfunding in India issued by RBI defines Crowdfunding as “Solicitation of funds from multiple investors through a web-based platform or social networking site for a specific project, business venture or social cause
Crowdfunding is predicted to be one of the biggest financial changes in history. Commentators are of the opinion that it would revolutionize the way money is exchanged in India. If regulated appropriately, crowdfunding can provide an excellent funding alternative for early-stage startups and ventures.
The legality of crowdfunding in India: In India Equity Crowdfunding is Illegal. To issue equity shares in India, companies need to comply with the provisions of The Companies Act,2013. The types of entities that are allowed to set up internet-based Crowdfunding Platforms to enable online solicitation from such investors, and the different associated aspects.
Tax Implications in crowdfunding: According to the income tax regulations, any donation made above Rs 2000 in cash is not eligible for deductions, which has prompted web-based platforms to integrate online means to solicit funds.
Is Crowdfunding legal in India?
Equity Crowdfunding is illegal in India, Donation-based, and reward crowdfunding is
Legal.
The Securities And Exchange Board of India has Issued laws On digital equity crowdfunding in India as “unauthorized, unregulated, and illegal”
In 2016 SEBI pronounced over half a dozen digital equity crowdfunding platforms (ECP), including prominent ones like Grex, LetsVenture, TermSheet, Equity Crest, and Tracxn, as unauthorized, unregulated, and illegal. SEBI more specifically has also asked Grex Alternative Investments Market (Grex), a two-year-old crowd-funding platform, to stop “onboarding” new investors or taking up fundraising mandates from startups, it is reliably learned.
According to SEBI, Electronic platforms facilitating fundraising on digital platforms are neither authorized nor recognized under any law governing the securities market. Such platforms, which are open to all investors registered with the platform, amount to a contravention Securities Contract Act and the Companies Act.
Pure Donation-Based Crowdfunding (where issuers directly seek a donation from the grantors), Reward-Based Crowdfunding (where issuers directly offer rewards like movie tickets, new computer game, download of a book, etc.) and Peer-to-Peer lending do not fall within the regulatory purview of SEBI, as they do not generally involve issuances of securities for financial return, and may require authorization from other regulators. For example, Peer-to-Peer lending may fall under the purview of RBI.