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Ex-post enforcement of the EU crowdfunding regime: Administrative sanctions and measures

Ex-post enforcement of the EU crowdfunding regime: Administrative sanctions and measures
Ex-post enforcement of the EU crowdfunding regime: Administrative sanctions and measures
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.
Edward Elgar
Serdaris, Konstantinos
82e4c395-ff64-4e39-995d-1131dcd96e26
Macchiavello, Eugenia
Serdaris, Konstantinos
82e4c395-ff64-4e39-995d-1131dcd96e26
Macchiavello, Eugenia

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. (In Press)

Record type: Book Section

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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More information

Accepted/In Press date: December 2022

Identifiers

Local EPrints ID: 469658
URI: http://eprints.soton.ac.uk/id/eprint/469658
PURE UUID: 6bed0d90-771b-44e4-9a88-860d13f2132b
ORCID for Konstantinos Serdaris: ORCID iD orcid.org/0000-0002-6637-5847

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Date deposited: 21 Sep 2022 17:03
Last modified: 22 Sep 2022 02:01

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Contributors

Editor: Eugenia Macchiavello

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