Authorisation procedure for crowdfunding service providers

The requirements applying to the authorisation procedure of crowdfunding service providers, according to the Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European Crowdfunding Service Providers for business and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (the “Regulation”), are set forth by Article 12 of the said regulation.

Before formally filing the application for authorisation as crowdfunding service provider, it is highly recommended that the applicant contacts the CSSF, via the address crowdfunding@cssf.lu, to organise a call or a meeting in order to present his project. This preliminary stage allows prior discussions relating to any difficulties and complexities of the project, and an optimal processing of the application once formally filed.

Having regard to the preparation of the application, it might, as the case may be, be useful to be assisted by a counsel.

The application file has to contain the elements listed in Article 12(2) of the Regulation.

According to article 12(16) of the Regulation, the European Securities and Markets Authority (“ESMA”), developed draft regulatory technical standards to further specify the requirements and arrangements for the application for authorisation, including the standard forms, templates and procedures. These technical standards have been adopted through the Commission delegated Regulation (EU) 2022/2112 of 13 July 2022 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards specifying requirements and arrangements for the application for authorisation as a crowdfunding service provider.

The complete application file may be submitted to the CSSF to the address crowdfunding@cssf.lu, in electronic form, by using the dedicated form, developed by the CSSF in accordance with the said delegated act adopted by the European Commission.

The application file needs to include all the necessary information enabling its assessment. The CSSF will examine the file and may raise comments or request additional information.