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Commission Delegated Regulation (EU) 2022/2113 of 13 July 2022 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards for the exchange of information between competent authorities in relation to investigation, supervision and enforcement activities in relation to European crowdfunding service providers for business (Text with EEA relevance)

CELEX
Delegated Regulation (EU) 2022/2113
Date of document
Articles
3
Source
EUR-Lex
Article 1Information about crowdfunding service providers that is to be exchanged

Competent authorities shall exchange the following information about a crowdfunding service provider:

(a)

general information and documents relating to the crowdfunding service provider:

(i)

the name of the crowdfunding service provider, the address of its head or registered office, contact details, its ISO 17442 legal entity identifier (LEI) code and relevant excerpts from nationally held registers;

(ii)

information concerning constitutional documents that the crowdfunding service provider is required to have under the applicable national legislation;

(b)

information about the natural persons responsible for the management of the crowdfunding service provider which was provided as part of the authorisation process, including:

(i)

the name and personal identification number, where the latter is available in the relevant Member State;

(ii)

information on the positions which such persons hold within the crowdfunding service provider;

(c)

information necessary to assess the good repute and suitability of the natural persons responsible for the management of the crowdfunding service provider, including, where available:

(i)

information about their work experience;

(ii)

the following information about their reputation:

(1)

information about criminal records, or administrative or civil sanctions and information about criminal investigations opened against such persons in respect of infringements of national rules in the fields of commercial law, insolvency law, financial services law, anti-money laundering law, fraud law or professional liability obligations, through an official certificate, or other equivalent document in accordance with national law, and a detailed description of any civil or administrative sanctions imposed;

(2)

information about ongoing investigations or proceedings other than those set out in point (c)(ii)(1)

(3)

information about any refusal of registration, authorisation, membership or license to carry out a business or a profession, and information about the withdrawal, revocation or termination of such a registration, authorisation, membership or license, or exclusion by a regulatory or government body or by a professional body or association;

(4)

information about any dismissal from employment relating to positions and tasks concerning the management of funds or similar fiduciary relationships and a description of the reasons for such dismissal;

(d)

information about shareholders who hold 20 % or more of the share capital or voting rights of the crowdfunding service provider, including information on the absence of criminal records or administrative or civil sanctions and information about criminal investigations opened against such shareholders, in respect of infringements of national rules in the fields of commercial law, insolvency law, financial services law, anti-money laundering law, fraud law or professional liability obligations and a detailed description of any civil or administrative sanctions imposed;

(e)

information about the crowdfunding service provider’s organisational structure, operating conditions and compliance with the requirements set out in Regulation (EU) 2020/1503, which was provided as part of the authorisation process and as updated through the supervisory activities of the competent authority receiving the request for information, including but not limited to:

(i)

information about the governance arrangements and internal control mechanisms ensuring compliance with Regulation (EU) 2020/1503, including risk-management and accounting procedures;

(ii)

a programme of operations setting out the types of crowdfunding services provided by the crowdfunding service provider in accordance with Regulation (EU) 2020/1503;

(iii)

compliance records of the crowdfunding service provider, including information held by competent authorities;

(iv)

information that can be requested from crowdfunding service providers in relation to the activities and requirements specified in Articles 3 to 11 of Regulation (EU) 2020/1503;

(f)

information about the authorisation as a crowdfunding service provider or the withdrawal of authorisation pursuant to Articles 12, 13 and 17 of Regulation (EU) 2020/1503;

(g)

information on any penalty, including criminal penalties, administrative measures or enforcement actions, imposed on the crowdfunding service provider;

(h)

any other information necessary for cooperating in investigation, supervision and enforcement activities pursuant to Article 31(1) of Regulation (EU) 2020/1503.

Article 2Information about other persons and unincorporated entities that is to be exchanged

1.   In relation to crowdfunding related third parties that are of relevance for the provision of the services provided by the crowdfunding service providers and that are natural persons, competent authorities shall exchange the person’s name, date and place of birth, the personal identification number, where available in the Member State concerned, and address and contact details.

2.   In relation to crowdfunding related third parties that are of relevance for the provision of the services provided by the crowdfunding service providers and that are legal persons, a competent authority may also request documents certifying:

(a)

the legal person’s business name;

(b)

the address of the legal person’s head or registered office, and postal address where different;

(c)

the legal person’s contact details, and national identification number or LEI code where available;

(d)

the registration of legal form of the legal person, in accordance with the applicable national legislation;

(e)

a complete list of persons who effectively direct the business of the legal person, including their name, date and place of birth, address, contact details, and their personal identification number where available in the Member State concerned.

3.   Competent authorities shall exchange any other information necessary for cooperating in investigation, supervision and enforcement activities pursuant to Article 31(1) of Regulation (EU) 2020/1503.

Article 3Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

3 articles

Cite this act

Commission Delegated Regulation (EU) 2022/2113 of 13 July 2022 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards for the exchange of information between competent authorities in relation to investigation, supervision and enforcement activities in relation to European crowdfunding service providers for business (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32022R2113

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

EU-EurLex-Reuse-2011-833

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