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The Legal Regulation of Crowdfunding in the European Union

https://doi.org/10.17803/1994-1471.2021.131.10.012-019

Abstract

The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.

About the Author

G. G. Shaposhnikov
Kutafin Moscow State Law University (MSAL)
Russian Federation

Georgiy G. Shaposhnikov, Postgraduate Student, Department of Financial Law

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, 125993



References

1. Agrawal, Catalini and Goldfarb. The geography of crowdfunding. — NBER working paper No 16820. —2011. — 63 p.

2. Belleflamme P., Lambert Th. and Schwienbacher A. Individual crowdfunding practices // Venture Capital. —2013. — 15. — Iss. 4. — P. 313–333.

3. European Crowdfunding Network & Osborne Clarke, Barriers to the cross-border development of crowdfunding in the EU, 2017. — 14 p.

4. Regulation of Crowdfunding in Germany, the UK, Spain and Italy and the Impact of the European Single Market / T. Aschenbeck-Florange, D. Blair, Ja. Beltran, Th. Nagel, U. Piattelli, L. Quintavalla ; foreword by O. Gajda. — 1st ed. — 2013. — 36 p.


Review

For citations:


Shaposhnikov G.G. The Legal Regulation of Crowdfunding in the European Union. Actual Problems of Russian Law. 2021;16(10):12-19. (In Russ.) https://doi.org/10.17803/1994-1471.2021.131.10.012-019

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)