Ex Post Enforcement of the EU Crowdfunding Regime: Administrative Sanctions and Measures

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

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 EU regulator 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.
Original languageEnglish
Title of host publicationRegulation on European Crowdfunding Service Providers for Business
Subtitle of host publicationA Commentary
EditorsEugenia Macchiavello
PublisherEdward Elgar Publishing
Chapter29
Pages455-473
Number of pages19
ISBN (Print)978 1 80220 993 8
DOIs
Publication statusPublished - Dec 2022

Publication series

NameElgar Commentaries in Financial Law series
PublisherEdward Elgar Publishing

Keywords

  • Crowdfunding
  • Enforcement
  • Administrative penalties
  • Sanctions

Fingerprint

Dive into the research topics of 'Ex Post Enforcement of the EU Crowdfunding Regime: Administrative Sanctions and Measures'. Together they form a unique fingerprint.

Cite this