Chapter III, Article 12, Paragraph 2. · Regulation (EU) 2020/1503

Contents

2.The application referred to in paragraph 1 shall contain all of the following:

(a)the name (including the legal name and any other trading name to be used) of the prospective crowdfunding service provider, the internet address of the website operated by that provider, and its physical address;

(b)the legal form of the prospective crowdfunding service provider;

(c)the articles of association of the prospective crowdfunding service provider;

(d)a programme of operations setting out the types of crowdfunding services that the prospective crowdfunding service provider intends to provide and the crowdfunding platform that it intends to operate, including where and how crowdfunding offers are to be marketed;

(e)a description of the prospective crowdfunding service provider’s governance arrangements and internal control mechanisms to ensure compliance with this Regulation, including risk-management and accounting procedures;

(f)a description of the prospective crowdfunding service provider’s systems, resources and procedures for the control and safeguarding of the data processing systems;

(g)a description of the prospective crowdfunding service provider’s operational risks;

(h)a description of the prospective crowdfunding service provider’s prudential safeguards in accordance with Article 11;

(i)proof that the prospective crowdfunding service provider meets the prudential safeguards in accordance with Article 11;

(j)a description of the prospective crowdfunding service provider’s business continuity plan which, taking into account the nature, scale and complexity of the crowdfunding services that the prospective crowdfunding service provider intends to provide, establishes measures and procedures that ensure, in the event of failure of the prospective crowdfunding service provider, the continuity of the provision of critical services related to existing investments and sound administration of agreements between the prospective crowdfunding service provider and its clients;

(k)the identity of the natural persons responsible for the management of the prospective crowdfunding service provider;

(l)proof that the natural persons referred to in point (k) are of good repute and possess sufficient knowledge, skills and experience to manage the prospective crowdfunding service provider;

(m)a description of the prospective crowdfunding service provider’s internal rules to prevent persons referred to in the first subparagraph of Article 8(2) from engaging, as project owners, in crowdfunding services offered by the prospective crowdfunding service provider;

(n)a description of the prospective crowdfunding service provider’s outsourcing arrangements;

(o)a description of the prospective crowdfunding service provider’s procedures to handle complaints from clients;

(p)a confirmation of whether the prospective crowdfunding service provider intends to provide payment services itself or through a third party, under Directive (EU) 2015/2366, or through an arrangement in accordance with Article 10(5) of this Regulation;

(q)a description of the prospective crowdfunding service provider’s procedures to verify the completeness, correctness and clarity of the information contained in the key investment information sheet;

(r)a description of the prospective crowdfunding service provider’s procedures in relation to investment limits for non-sophisticated investors referred to in Article 21(7).