I just posted this in the .com forums, so let's see if it makes it through moderation:
<> LendingClub's S-1 seems a little different than Prosper's. I'm not making any judgements here, but it's interesting at least how this all works, so hop on EDGAR (which is the SEC's public database of company records) and check out both of the P2P lending companys' apparent interpretations of their own business activities. Personally, I feel LendingClub filed a more accurate S-1.
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Why is the above relevant to this thread? It has to do with what lenders' roles are on this site, and whether or not Prosper's selling notes falls under the definition of issuing unlicensed securities. I personally don't know the answer here and am a bit confused.
Typically one must have a license to lend and is subject to regulations. If Prosper never lent any money per their statements in court, then it makes me feel like I should have a license to lend money to people before using this site. If on the other hand Prosper is doing all of the lending (or WebBank now, which wasn't the case previously, as can be noted by differences between today's current lender registration agreement and Prosper's S-1), and then selling all kinds of notes across the country, then I'm curious as to why that doesn't fall under the definition of selling unlicensed securities. I personally just don't know the answer here and may be confused.