欧洲众筹服务提供商监管:欧洲市场借贷和投资的未来以及“众筹性质”困境

Q2 Social Sciences

European Business Law Review Pub Date : 2021-06-01 DOI:10.54648/eulr2021020

E. Macchiavello

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引用次数: 1

摘要

自2018年3月欧盟委员会提出《欧洲企业众筹服务提供商条例》以来，该条例经历了艰难的三方谈判。立法程序的长度不仅与民族主义复兴、不确定的脱欧谈判和新冠肺炎爆发有关，还与三个欧洲机构对众筹及其最佳监管的不同看法有关。在描述了众筹的主要特征后，本文将对最终于2020年10月通过的《ECSP条例》进行批判性的详细分析，并与可用的替代方案及其相对影响进行比较，以讨论在新的欧洲制度下众筹的前景及其未来，也为某些调整提供了建议。银行处置、破产、重要非金融企业、企业集团、Carillion、早期干预、恢复和处置规划、生前遗嘱、公共利益、系统性风险、关键职能。

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The European Crowdfunding Service Providers Regulation: The Future of Marketplace Lending and Investing in Europe and the ‘Crowdfunding Nature’ Dilemma

The Regulation on European Crowdfunding Service Providers (ECSPs) for businesses, since its Proposal by the European Commission in March 2018, has experienced difficult trilateral negotiations. The length of the legislative process relates not only to nationalism resurgence, uncertain Brexit negotiations and COVID-19 outbreak but also to different views about crowdfunding and its optimal regulation within the three European Institutions. The present paper, after describing crowdfunding’s main features, will critically analyze the ECSPs Regulation in details as eventually adopted in October 2020, also in comparison with the alternative options available and their relative implications, in order to discuss the resulting picture of crowdfunding and its future under the new European regime, also providing suggestions for certain adjustments. Bank resolution, insolvency, significant non-financial enterprises, enterprise groups, Carillion, early intervention, recovery and resolution planning, living wills, public interest, systemic risk, critical functions.

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.