Aduragbemi Omiyale
By Aduragbemi Omiyale
Nigerians and the investing public have been warned not to stake their funds in unregistered crowdfunding platforms as they could lose their investments.
In a circular last week, the Securities and Exchange Commission (SEC) said it was aware of some companies seeking funds from the public to use to finance a project or business, warning that actions would be taken on firms not authorised by the Nigerian government to carry out such transaction.
Recall that in January 2021, the agency, in recognition of the potential and importance of crowdfunding platforms and the need to protect investors through effective regulation, published its crowdfunding rules and requested crowdfunding platforms to register with the commission and comply with the rules by June 30, 2021.
In the rules, Micro, Small and Medium Enterprises (MSMEs) incorporated as a company in Nigeria with a minimum of two years of operating track record are eligible to raise funds through a crowdfunding portal registered by SEC, with total fees payable to parties to a crowdfunding issue shall not exceed two per cent of the total funds raised.
The commission noted that the maximum amount which might be raised by a medium enterprise shall not exceed N100 million.
“The maximum amount which may be raised by a small enterprise shall not exceed N70 million, and the maximum amount which may be raised by a micro-enterprise shall not exceed N50 million.
“The limits set forth above shall not apply to MSMEs operating as digital commodities investment platforms or such other MSMEs as may be designated by the commission from time to time,” part of the guidelines said.
According to SEC, retail investors might not invest more than 10 per cent of their annual income in a calendar year and only entities registered with the commission as an exchange, dealer, broker, broker/dealer or alternative trading facility as prescribed under the Act and the SEC Rules and Regulations might be registered as a crowdfunding intermediary.
It added that a crowdfunding portal or crowdfunding intermediary that failed to comply with the rules shall be liable to a fine of not less than N1 million and the sum of N10,000 for every day the violation continues.
The rules further stressed that a crowdfunding portal might be registered and operated only by an operator registered with SEC as a crowdfunding intermediary, while a crowdfunding portal that is located outside Nigeria will be considered as actively targeting Nigerian investors, if the operator or the operator’s representative, promotes directly or indirectly the platform in Nigeria.
Worried that some companies are taking advantage of the low financial literacy of Nigeria, SEC advised members of the public “to confirm the registration status of any entity soliciting their participation in any investment scheme by contacting the commission through www.sec.gov.ng, [email protected] or 094621168.”
It warned operators of unregistered crowdfunding platforms of the risk of prosecution if caught.
Crowdfunding is the process of raising funds to finance a project or business from the public through an online platform.
