Suchergebnisse

"This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States' adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation. Key Features: - A theoretical and cross-sectoral approach to crowdfunding services and relative regulations - Constant comparison of ECSPR's provisions with other similar or interrelated EU frameworks - An article-by-article and thematic analysis of the ECSPR, underlying its strengths, innovative characters, and problematic aspects. - Analysis of the implementation of the ECSPR in different countries and adaptation of their legal frameworks, including France, Germany, Italy, Portugal, Spain, the Netherlands, Nordic countries and the Baltics The Commentary is a fundamental companion to the interpretation and application of the ECSPR which will appeal to a diverse range of readers. Academics, scholars, practitioners and professionals interested in financial regulation, EU law, technology law, business law, law of contracts, competition law, international law and comparative law will find this a beneficial resource"--

The issue of conflicting national frameworks on crowdfunding and dispersed structures of investors and products has drawn significant attention in the European Union. Some Member States introduced national rules to regulate their crowdfunding platforms, while others left some aspects of the activity unregulated. This variation of national licensing, diverging definitions of business models and application of existing EU legislation are considered to contribute to crowdfunding market fragmentation. Some surveys demonstrate that crowdfunding regulatory heterogeneity in the Member States negatively affects the market. In the paper, this heterogeneity is revised on the example of Latvia, Lithuania, and Estonia, since the crowdfunding market is fully regulated only in Lithuania. From this point of view, the Regulation (EU) 2020/1503 on European Crowdfunding Service Providers for Business was an ultimately expected event for the crowdfunding market. Therefore, the aim of the paper is to analyse the regulatory barriers for crowdfunding in Latvia, Lithuania, and Estonia and to compare them with those of the European Union Crowdfunding Service Providers Regulation. To achieve the aim of the paper, generally accepted methods of research have been used, including literature source study, comparative analysis and synthesis, legal act analysis. The paper results include the analysis of existing regulatory barriers for crowdfunding in the Baltic States and their comparison with the Regulation, highlighting crucial aspects and revealed differences. In addition, the comparison of current crowdfunding market performance with the actual regulatory barriers in force in the states is provided in the paper.

"Part of the Oxford EU Financial Regulation Series, The EU Crowdfunding Regulation provides an in-depth and timely analysis of the EU Crowdfunding Regulation, which is intended to make it easier for crowdfunding platforms to operate throughout the EU, which came into force on 10 November 2021.The book answers legal questions raised by the Regulation, and assesses its impact on legal practice, considering the position of the various types of crowdfunding. The analysis is divided into six parts. The first two parts describe how the Regulation came into being and the role of the Regulation in European capital markets, before defining and assessing the scope of the Regulation. Parts three to five explain how the Regulation applies to the three main players in crowdfunding: the crowdfunding service providers; the project owners; and the investors who form the 'crowd', examining the relevant applicable obligations and safeguards. The final part looks at managing, preventing, and resolving crowdfunding-related disputes.Providing a balance between academic scrutiny and practical context (including consideration of how the Regulation interacts with UK law after Brexit) and drawing upon various aspects of financial law, consumer law, and dispute prevention/resolution, this book is invaluable for legal practitioners and academics looking for a single resource to elucidate this rapidly expanding mode of financing."

The readiness of the community in the era of information technology has opened up opportunities in online businesses such as equity crowdfunding, equity crowdfunding as an alternative capital is increasingly in demand, especially by novice businesses. The Financial Services Authority issues regulations regarding the Equity Crowdfunding transaction model by issuing the Financial Services Authority Regulation Number 37 / POJK.04 / 2018. This provides questions for the regulation of Equity Crowdfunding in Indonesian Capital Market Law. The writer in this study would like to examine and analyze the Equity Crowdfunding activities and legal protection for investors, because legal protection is a form of legal certainty. The research method used is a normative juridical types, the problem approach uses the legislation approach and the conceptual approach. The results show that equity crowd funding is a form of new innovation in funding sources. The service mechanism has many similarities with public offering activities in the capital market, only the implementation is simpler. Equity Crowdfunding legal protection for investors who have been registered in the provisions of Chapter 54 paragraph (2) POJK Number 37 / POJK.04 / 2018, providing the latest information is only placed on the organizer's website or website.

Abstract

On 5 October 2020, as part of the Capital Markets Union (CMU) project, the European Parliament adopted, in second reading, Regulation (EU) 2020/1503 on European crowdfunding service providers for business ('ECSP Regulation'). This Regulation, which shall apply as of 10 November 2021, consists of rules which aim at improving access to crowdfunding for EU businesses in need of capital, particularly start-ups, while, at the same time, providing a high level of protection to investors. To attain that it builds on three sets of measures: clear rules on information disclosures for project owners and crowdfunding platforms; rules on platform governance and risk management; and a coherent approach to supervision and enforcement. The focus of this article is on the disclosure-related set of provisions. Its aim is to demonstrate how the new rules embrace a more behavioural approach to primary market disclosure which, in contrast to the paradigm of full disclosure, focuses on the content, quality and framing of disclosure as an alternative means of enabling informed and, thus, allocatively efficient investment decisions. In a second step, it seeks to provide a preliminary evaluation of these measures both from a practical and a normative perspective.