Typically, peer-to-peer microlenders offering interest on loans to US lenders are regulated by the
Securities and Exchange Commission (SEC). In 2008, the SEC required that
peer-to-peer lending companies offering interest on loans to register their offerings as
securities, pursuant to the
Securities Act of 1933. Accordingly,
Prosper was shut down by the SEC on November 24, 2008, and did not reopen until July 2009, after it had registered with the SEC.
Lending Club announced its completion of the SEC registration process on October 14, 2008.
MYC4, a microlending marketplace focused on African entrepreneurs, similarly announced in 2010 that they are "not allowed to disburse money to North American Investors" because of SEC regulations. Zidisha has not registered with the SEC, and has publicly stated that they are not a securities broker. The website states in its terms of use that unlike a securities broker, Zidisha is under no obligation to return lender funds and honor withdrawal requests: "Zidisha makes no guarantee or representation that funds lent through its website will be repaid to lenders, regardless of whether the loans financed with lender funds are repaid to Zidisha. Any cash payouts are promotional gifts offered solely at Zidisha's discretion." The tax treatment of these promotional gifts is unclear. Gifts are
taxed in the United States, which would mean that for US lenders, the original loan principal, if withdrawn, would be subject to taxation. Zidisha states in its terms that, "It is the responsibility of website users to report and pay any applicable taxes on any cash payouts received from Zidisha." ==Interest rates==