ESMA · ESMA_QA_825 Answer Published

Investor protection and marketing communication

Regulation
Regulation 2020/1503 - European crowdfunding service providers for business
Topic
Information to clients on topics other than costs and charges
Submitted
2022-09-23
Answered
2022-09-23

Question

Can a CSP accept the investment of a prospective non-sophisticated investor or non-sophisticated investor in cases where such investor (i) wants to invest an amount in excess of the higher of EUR 1,000 or 5% of that investor’s net worth but (ii) does not meet the conditions set out in points (a), (b) and (c) of Article 21(7)?

Answer

(Published as Crowdfunding Q&A 5.12) No, in such case, the CSP shall prevent the prospective non-sophisticated investor or non-sophisticated investor from investing. Indeed, as indicated by the European Commission in its answer to Question 5.1. [Q&A 814], Article 21(6) second paragraph which provide that prospective non-sophisticated investors and non-sophisticated investors shall not be prevented from investing does not apply to the specific situation of Article 21(7) of the ECSPR. When preventing a prospective non-sophisticated investor or non-sophisticated investor from investing, the CSP shall clearly indicate to the investor that it acts on the basis of applicable regulatory requirements aiming at the protection of investors.

This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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