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Regulating crowdfunding

02-10-2020

As a step towards Capital Markets Union, the European Commission presented a proposal for a regulation on crowdfunding service providers in March 2018, to facilitate the cross-border offer of such financial services across the EU. It was accompanied by a proposal for a directive, to exempt those providers from the scope of the Markets in Financial Instruments Directive (MiFID II). The co-legislators reached a political agreement in December 2019, significantly modifying the Commission proposals. ...

As a step towards Capital Markets Union, the European Commission presented a proposal for a regulation on crowdfunding service providers in March 2018, to facilitate the cross-border offer of such financial services across the EU. It was accompanied by a proposal for a directive, to exempt those providers from the scope of the Markets in Financial Instruments Directive (MiFID II). The co-legislators reached a political agreement in December 2019, significantly modifying the Commission proposals. Parliament is expected to vote on the Council's positions at second reading during its October I plenary session.

Establishing a basis for European crowdfunding service providers

05-06-2018

Crowdfunding, an open call to the wider public for raising money online, can help ensure that both individuals and companies get access to finance, especially in the seed and early growth stages of their projects or business. Member States with a developed crowdfunding market have designed bespoke regulatory regimes that differ from each other with regard to the conditions under which platforms can operate, their scope of permitted activities and the licensing requirements applicable to them. As ...

Crowdfunding, an open call to the wider public for raising money online, can help ensure that both individuals and companies get access to finance, especially in the seed and early growth stages of their projects or business. Member States with a developed crowdfunding market have designed bespoke regulatory regimes that differ from each other with regard to the conditions under which platforms can operate, their scope of permitted activities and the licensing requirements applicable to them. As a result of this diversity, cross-border flows remain limited and crowdfunding service providers face challenges in scaling up their operations. To remedy this, the Commission has proposed a regulation providing for uniform, proportionate and directly applicable requirements for the authorisation and supervision of crowdfunding platforms, together with a single point of supervision, and a directive exempting crowdfunding service providers from the scope of MiFID II. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

European crowdfunding service providers for business

29-05-2018

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, published on 8 March 2018 and referred to Parliament's Committee on Economic and Monetary Affairs (ECON). The strengthening of the capital markets to boost long-term investment in the EU is a priority EU goal. In this context, the Commission's 2017 mid-term review of the capital markets union (CMU) action plan noted that access to ...

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, published on 8 March 2018 and referred to Parliament's Committee on Economic and Monetary Affairs (ECON). The strengthening of the capital markets to boost long-term investment in the EU is a priority EU goal. In this context, the Commission's 2017 mid-term review of the capital markets union (CMU) action plan noted that access to finance for small, innovative businesses is a challenge in all EU countries, even those where access to bank finance has remained stable during the financial crisis. Start-ups and other unlisted firms lack risk finance to invest in innovation and growth, in particular in the early stages of their development (IA, p. 6, 8). In view of closing this gap and complementing bank financing, the Commission supports alternative sources of financing, including technology-enabled financial services, the largest part of which consists in crowdfunding. In this context, crowdfunding is defined as an 'open call for the collecting of resources ... from the wider public through an internet-based platform for a specific project' (IA, p. 8). A 2016 Commission staff working document noted that crowdfunding has been developing rapidly since 2013, but remained concentrated in a few EU countries, with 81 % market share in the United Kingdom (UK) (IA, p. 16). Some Member States introduced national rules to regulate their online platforms and/or apply elements of existing EU legislation on financial services to specific types of crowdfunding, while others leave some aspects of the activity unregulated. This regulatory patchwork hinders cross-border crowdfunding and creates considerable market fragmentation (IA, pp. 26-30).

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