Regulation On European Crowdfunding Service Providers For Business
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Regulation on European Crowdfunding Service Providers for Business by Eugenia Macchiavello Pdf
This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States’ adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation.
The EU Crowdfunding Regulation by Pietro Ortolani,Marije Louisse Pdf
This book is an in-depth and timely analysis of the EU Crowdfunding Regulation. Striking a balance between academic scrutiny and practical context, and drawing upon various aspects of financial law, consumer law, and dispute resolution, it is invaluable for practitioners and academics seeking to understand an innovative alternative mode of funding.
Digital Finance in Europe: Law, Regulation, and Governance by Emilios Avgouleas,Heikki Marjosola Pdf
Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.
Authored by a leading global expert in the field of investment crowdfunding, this timely book presents a comprehensive guide to a new online marketplace for entrepreneurial capital. Professor of Law and Fulbright Scholar Andrew A. Schwartz marries theory with a decade of on-the-ground research to give lawyers, students, scholars, and policymakers a one-stop shop for everything they need to know about investment crowdfunding, its regulation, and how to improve it. Readers in the general public will find Investment Crowdfunding an accessible and engaging introduction into what is poised to become a household phrase. This book analyses American law-in particular, the JOBS Act and Regulation Crowdfunding-and compares it to the legal regimes in the UK, Canada, the EU, Australia, and New Zealand. Schwartz's prescription is liberal in the classical sense: Policymakers should rely on private ordering and financial incentives, rather than law and regulation, to govern and police the market.
Finance for SMEs: European Regulation and Capital Markets Union by Patrizio Messina Pdf
With the European Commission’s announcement of the Capital Markets Union in 2016, a major step was at last taken to provide for the special needs of small and medium enterprises (SMEs). This book presents the first in-depth legal analysis of the challenges that SMEs have to face when managing their balance sheets and trying to attract investors, what alternative financing tools are most effective and how recent legislation reaches fair and convenient conditions for SMEs. The analysis focuses specifically on the Capital Markets Union structure and on other European initiatives that support and enhance SMEs’ raising money on capital markets in order to better diversify their investments and plan a growth and development strategy. An updated description of the European framework is provided, together with references to relevant national systems. Issues and topics covered include the following: need for long-lasting access to funds; securitization for SMEs; SME Z-score; crowdfunding; and peer-to-peer, minibond and accounts receivables financing. Case study analyses furnish a deep understanding of the financial structures and their main features. Appendices include English texts of the main European Union (EU) legal documents pertaining to SMEs. For SMEs discouraged by over-regulation designed for larger businesses, and who find themselves in difficulties when they have to face the required process, this book will prove to be of immeasurable practical value. This book represents one of the first publications on SMEs and finance and contains data and information resulting from a deep and well-focused research on the topic. The added value of this study will allow the academics to understand the main issues related to this topic and will provide for a steady basis for further research and analysis with regards to law and economics for SMEs. Furthermore, it will be also warmly welcomed by practitioners in the area of SME financing and will be useful to support them in the selection of the most appropriate tools for their clients. Banks and interested EU officials will also value its clear and straightforward approach to the subject.
Systemic Risk in the Financial Sector by Douglas W. Arner,Emilios Avgouleas,Danny Busch,Steven L. Schwarcz Pdf
In late 2008, the world's financial system was teetering on the brink of systemic collapse. While the impacts of the global financial crisis would be felt immediately, at every level of the economy, it would also send years-long aftershocks through investment, banking and regulatory circles worldwide. More than a decade after the worst year of the global financial crisis, what has been learned from its harsh lessons? Are governments and regulators more prepared for another financial system failure that would significantly affect the real economy? What may be the potential triggers for such a collapse to occur in the future? Systemic Risk in the Financial Sector: Ten Years after the Great Crash draws on some of the world's leading experts on financial stability and regulation to examine and critique the progress made since 2008 in addressing systemic risk. The book covers topics such as central banks and macroprudential policies; fintech; regulators' perspectives from the United States and the European Union; the logistical and incentive challenges that impede standardization and collection; clearing houses and systemic risk; optimal resolution and bail-in tools; and bank leverage, welfare and regulation. Drawing on experts across disciplines — including Howell Jackson, John Geanakoplos, Charles Goodhart, Anat Admati, Roberta Romano and Martin Hellwig — Systemic Risk in the Financial Sector is the definitive guide to understanding the global financial crisis, the safeguards being put into place to try to avoid similar crises in the future, and the limitations of those safeguards.
Crowdfunding in Europe by Dennis Brüntje,Oliver Gajda Pdf
Crowdfunding is becoming an increasingly popular method to finance projects of every kind and scale. This contributed volume is one of the earliest books presenting scientific and research-based perspectives of crowdfunding, its development, and future. The European Crowdfunding Network (ECN) and its scientific work group, together with FGF e.V., invited both researchers and practitioners to contribute to this first state-of-the-art edited volume on crowdfunding in Europe. This book contributes to a better comprehension of crowdfunding, encourages further fundamental research and contributes to a systematization of this new field of research. The book also features expert contributions by practitioners to enhance and complement the scientific perspective. This book can be used as a guideline and shall advance classification in an emerging research field.
Principles of Corporate Finance Law by Eilís Ferran,Elizabeth Howell,Felix Steffek Pdf
Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.
Legal Aspects of Crowdfunding by Caroline Kleiner Pdf
This book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.
European Financial Regulation by Veerle Colaert,Danny Busch,Thomas Incalza Pdf
Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.
Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf
This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
This open access book presents a comprehensive and up-to-date collection of knowledge on the state of crowdfunding research and practice. It considers crowdfunding models and their different manifestations across a variety of geographies and sectors, and explores the perspectives of fundraisers, backers, platforms, and regulators. Gathering insights from a wide range of influential researchers in the field, the book balances concepts, theory, and case studies. Going beyond previous research on crowdfunding, the contributors also investigate issues of community, sustainability, education, and ethics. A vital resource for anyone researching crowdfunding, this book offers readers a deep understanding of the characteristics, business models, user-relations, and behavioural patterns of crowdfunding.
Crowdfunding European Business by Antonella Francesca Cicchiello Pdf
This book questions the ability of crowdfunding (especially in the lending and equity-based models) to contribute to the development of European businesses, and therefore, to the relaunch of the European economy. Following a mainly micro (firm-based) approach, the study investigates the advantages of crowd investors’ increased role both in making financial resources available to the industrial base, thus reinvigorating economic growth across the European Union. The book reframes contemporary issues surrounding corporate finance and develops relevant knowledge to help companies succeed when it comes to securing the means to grow. It provides new and interesting insights into the alternative finance market, in light of the global financial crisis and the COVID-19 pandemic. The book describes the main alternative finance models which include not only lending and equity-based crowdfunding, but also marketplace lending, balance sheet lending, invoice trading, securities, real estate crowdfunding, and profit-sharing. It also analyses the due diligence process and other value-added services provided by platforms and backers. The book outlines a systematic understanding of crowdfunding as a substitute or complement to other forms of entrepreneurial finance and unpacks some of the misunderstandings surrounding the crowdfunding industry and its future evolution. The conclusions reached can be of help to entrepreneurs who have limited knowledge of the crowdfunding tool and the associated benefits. As such, this book is a valuable resource for students, researchers, professionals, and practitioners interested in discovering or better understanding the crowdfunding process, its characteristics, and the range of players in this market.
EU Banking and Financial Regulation by Jean-Baptiste Poulle,Arut Kannan,Nicolas Spitz,Sandra Kahn,Anastasia Sotiropoulou Pdf
EU Banking and Financial Regulation presents a comprehensive and systematic overview of the major directives and regulations which currently govern the EUÕs banking and finance industries. Offering a depiction of the main EU rules, this timely book not only addresses the various banking and financial legislations relating to EU supervisors, banks and financial markets, but also considers more peripheral issues such as anti-money laundering, whilst referring to important case law.
Author : Petri Mäntysaari Publisher : Walter de Gruyter GmbH & Co KG Page : 895 pages File Size : 42,8 Mb Release : 2021-12-31 Category : Law ISBN : 9783110761108
Stocks for All: People’s Capitalism in the Twenty-First Century by Petri Mäntysaari Pdf
Public stock markets are too small. This book is an effort to rescue public stock markets in the EU and the US. There should be more companies with publicly-traded shares and more direct share ownership. Anchored in a broad historical study of the regulation of stock markets and companies in Europe and the US, the book proposes ways to create a new regulatory regime designed to help firms and facilitate people’s capitalism. Through its comparative and historical study of regulation and legal practices, the book helps to understand the evolution of public stock markets from the nineteenth century to the present day. The book identifies design principles that reflect prior regulation. While continental European company law has produced many enduring design principles, the recent regulation of stock markets in the EU and the US has failed to serve the needs of both firms and retail investors. The book therefore proposes a new set of design principles to serve contemporary societal needs.
