Equity Crowdfunding Live in France
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Transcript of Equity Crowdfunding Live in France
Press Release
Entry into force of the new French crowdfunding decree
Anaxago obtains regulatory approval and will be the first equity crowdfunding platform awarded with the new statute: CIP (Counsellor in Investment Participatory)
On the eve of the first day of the decree application, regulators award one crowdfunding platform with the new statute. The requirements of the statute application form:
• Hand in a formal application to the AMF (French High Authority of Financial Markets)
• The application will need to include the following items: o Internal Process of the crowdfunding platform o Internal Process against money laundering o Internal Process of management of conflicts of interests o Internal Process of the advisory mission
What does it actually change in the equity crowdfunding market? Obtaining the status of CIP is the end of a Damocles sword hanging over all crowdfunding platforms as well as companies using crowdfunding to raise funds in France. Two main risks were at stake:
• Regarding businesses: a risk to fall into the conditions of public offerings, meaning that you need to edit a formal -‐and expensive-‐ prospectus to raise funds.
o Until then the only solution to avoid this situation was to raise less than 100 000€ in crowdfunding
o Or to inform less than 150 people that you were raising funds. • Regarding crowdfunding platforms: a risk to be caught doing non-‐guaranteed
placement. This if the platform customer is the company raising funds and not the investor. The sanction in this case would be 5 years of prison, along with a fine of 375 000€.
Both risks are not solved thanks to the new status of CIP: • A new exception to the rule of public offering has been created:
o From now on, anyone raising funds from an equity crowdfunding platform will be allowed to raise up to 1 000 000 euros from an infinite amount of people. This exception was drafted from a European Directive enabling union members to decide individually for which amount raised (up to 5M€) they will exempt companies to draft a prospectus. This 1M€ level chosen by the French government is subject to augmentation following the progress of the crowdfunding market.
• Regarding the non-‐guaranteed placement: the platform customers are the investors.
Practical Changes
• For investors: it provides more transparency and the possibility to be better informed about each project.
• For crowdfunding platforms: the obligation to provide more complete information supposing a bit more of controlling on each project, hence stronger processes.
• For businesses: fewer risks in launching their crowdfunding platform.