newtech.law

Posted on Categories crowdfunding

Non-obvious regulation of crowdfunding platforms

Many crowdfunding platforms in Poland have focused their attention recently on the regulations governing the offering of financial instruments. This happened largely because of the position of the Polish Financial Supervision Authority (KNF) on interpretation of Art. 72 of the Trading in Financial Instruments Act of 29 July 2005. But in this context it is also worth drawing attention to other, less-obvious regulations that could be applied to crowdfunding platforms.

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Posted on Categories anti-money laundering, crowdfunding, cybersecurity, fintech

New technologies in the AML/CFT National Risk Assessment

On 17 July 2019 the General Inspector of Financial Information (GIIF) published Poland’s first AML/CFT National Risk Assessment. This document of nearly 450 pages was prepared pursuant to the new Anti Money Laundering and Counter Financing of Terrorism Act, which introduced regulations requiring GIIF to prepare a national assessment and update it periodically.

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Posted on Categories changes in law, crowdfunding

Amendment to the Public Offering Act: Removal of prospectus requirement an opportunity for crowdfunding

The high costs of preparing a prospectus and the required intermediation of an investment firm have discouraged many companies from raising financing through a public offering. Given the low threshold (EUR 100,000) for the value of a public offering requiring publication of a prospectus, the obligations connected with public offerings have also had a negative impact on other methods of financing such as crowdfunding. The new regulations are aimed at relaxing the national requirements by raising the threshold to EUR 1 million and adjusting other regulations to this change.

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Posted on Categories changes in law, crowdfunding

Proposal for crowdfunding regulation—part of the European Commission’s FinTech development strategy

Reports released by the Cambridge Centre for Alternative Finance leave no doubt that Europe has fallen a long way behind the United States and Asian countries in development of modern financial services. This is especially noticeable in crowdfunding. In Asia Pacific countries, this method generates more than USD 200 billion per year, but only some USD 8 billion in Europe. The proposed crowdfunding regulation is intended to change this by harmonising European laws and introducing a European passport for service providers operating crowdfunding platforms.

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Posted on Categories changes in law, crowdfunding

New and planned regulation of investment crowdfunding

New regulations and interpretations will soon have an impact on equity- and debt-based crowdfunding business models.

Investment crowdfunding (understood to mean equity-based and debt-based crowdfunding) currently enjoys great regulatory leeway due to the lack of regulations specifically addressed to the crowdfunding market. But some current and planned regulations may impede its growth. Recent regulatory proposals as well as inter­pretations could significantly change the current shape of the market, creating both incentives and barriers for participants.

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