We understand that recent regulatory discussions in the market - including the BaFin announcement regarding Ventus Energy Group OÜ - have raised questions among investors.
According to BaFin's published notice, the Ventus case relates to a specific structure where funds were treated as direct deposit-taking activity, which falls under a different regulatory scope in Germany. This naturally caused concern across the wider alternative lending space.
At Loanch, however, we believe that the structure of the platform is materially different in key respects.
We want to clearly outline what separates Loanch from such cases.
How Loanch differs from Ventus-style structures
|
Topic |
Ventus-type structure (as described by BaFin) |
Loanch structure |
|
Investor position |
Funds treated as direct lending / deposit-like exposure to one entity |
Investors purchase claims (receivables) from underlying loans |
|
Counterparty risk |
Exposure concentrated at platform/operator level |
Exposure is to underlying borrowers / loan originators |
|
Platform role |
Capital recipient / funding beneficiary |
Intermediary marketplace facilitating loan assignments |
|
Regulatory scope (Germany) |
May fall under KWG (banking law) in certain interpretations |
Structured under receivables assignment model, where investors hold claims to existing loans, not repayable funds held by Loanch |
|
Investor ownership |
Indirect claim on platform obligations |
Сontractual rights linked to assigned receivables |
|
Fund handling |
May be interpreted as deposit-taking |
Client funds are held via licensed payment service providers with segregation |
Key safeguards in Loanch’s model
- Investor funds are held and processed via licensed Payment Service Providers
- Client balances are segregated from Loanch operational funds
- Investors receive contractual rights to underlying loan receivables
- In case of platform disruption, servicing is designed to be transferred according to contractual arrangements
- Loan originators operate under local regulatory supervision in their respective jurisdictions
Regulatory approach
We are actively reviewing relevant regulatory frameworks across the EU to ensure long-term alignment with evolving standards.
At this stage:
- We continue to operate under our current legal structure supported by external legal opinions
- We are assessing additional regulatory pathways where they could add value in the future
- We are strengthening documentation, payment infrastructure, and legal clarity as the platform grows
Importantly, regulatory frameworks in this sector differ significantly depending on structure - and we continuously adapt to ensure compliance and transparency.
What investors should take away
While headlines can sometimes group very different business models together, it is important to evaluate platforms based on their underlying legal and operational structure, not just market category.
Loanch remains focused on:
- Transparent access to consumer lending opportunities
- Clear separation of investor funds from company funds
- Continuous improvement of legal and operational frameworks
- Regular communication and risk disclosure
Final note
We understand that regulatory topics can create uncertainty. Our approach is to remain fully transparent, responsive, and focused on maintaining a structure that is clear, documented, and continuously reviewed with external advisors.
As always, we encourage investors to review the Risk Statement and ensure that any investment aligns with their personal risk profile.
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