Qualificação jurídica das plataformas de crowdinvesting no Brasil: um estudo de caso da plataforma online da Broota Brasil
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2016-04-25
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Prado, Viviane Muller
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Crowdinvesting consists on raising capital by the entrepreneurs through an online platform on the internet, in which the investors receive in return of their financial contribution securities of the startup invested. The main object of this research is to identify elements in order to think about the legal status of the online platform of crowdinvesting, from the description of its activities concerning the public offers of securities. In such order, the online platform chosen to provide such description was Broota Brasil, as a sole object of analysis, specially because is the pioneer in the crowdinvesting activity. The identification of the elements that shall provide a discussion regarding the online platform’s legal status is important, because enables: (i) the discussion regarding its possible legal status; and (ii) to assure if there is legal certainty of the activities processed in the online plataform. To guide this research, two hypothesis were elected considering that the online platform is a virtual place that provides space to publicly offer securities, such as: (i) organized over-the-counter; and (i) non-organized over-the-counter. Thereby, is enacted the description of Broota Brasil online platform’s activities under the public offer of securities. After such description, it was provided based on the legislation and legal literature, a description of the characteristics that legally defines such hypothesis. Next, it was analyzed if such characteristics were on the activities developed by Broota Brasil online platform. Lastly, it was verified that such characteristics were not identified on the online platform. In such case it is suggested a research agenda concerning possible legal status of the online platform, mostly because of its objective of joining entrepreneurs and investors regarding the buy and sell of securities.Crowdfunding is an alternative to raise capital that has been emerging both in the international and national setting and basically regards raising capital through the internet, in which small amounts are raised from a large number of people.