Serdaris, Konstantinos (2022) Ex-post enforcement of the EU crowdfunding regime: Administrative sanctions and measures. In, Macchiavello, Eugenia (ed.) Regulation on European Crowdfunding Service Providers for Business: A Commentary. (Elgar Commentaries in Financial Law) Edward Elgar Publishing. (In Press)
Abstract
The development of a well-functioning single market for crowdfunding requires a strong commitment towards enhancing investors’ trust in the integrity of platform operators. In this regard, next to the establishment of a demanding, yet proportionate, authorisation requirements, one of the main concerns of the regulators was the creation of an effective supervision and enforcement mechanism which can guarantee that any infringements of the obligations arising from the Regulation will be promptly detected and, if necessary, adequately sanctioned. This chapter seeks to provide a detailed analysis and critical evaluation of Articles 39 to 43 ECSPR which lay down some minimum common rules and procedures relating to the enforcement of the EU crowdfunding regime. In this framework, attention is given to the powers conferred and duties imposed on NCAs as well as to the competences and role of ESMA.
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