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Part IV The Position of Project Owners Under the Crowdfunding Regulation and Beyond, 9 The Regulatory Position and Obligations of Project Owners

Jonneke van Poelgeest, Marije Louisse

From: The EU Crowdfunding Regulation

Edited By: Pietro Ortolani, Marije Louisse

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Authorisation — Advertising and marketing and funds — Alternative investment fund — Monetary obligations — Regulators

This chapter focuses on the position of project owners under the Crowdfunding Regulation. The Regulation requires Member States to ensure that project owners can pursue investment-based crowdfunding without any specific authorisation. This, however, does not mean that project owners have no regulatory obligations at all. The chapter starts with an introduction to the position of project owners, and the crowdfunding service providers’ obligations towards project owners, including the obligations to perform due diligence and credit risk assessment. It then assesses the obligations of project owners, including the (lack of an) authorisation requirement, the provision of information, and the cooperation with CSPs. Finally, the chapter discusses whether project owners require some form of protection, and whether that is a missing piece of the Crowdfunding Regulation.

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