ESMA_QA_832
16/12/2022
Subject Matter
Authorisation and supervision of CSPs
    Can a legal person with a single member of the management body be authorised as a crowdfunding service provider?
    ESMA Answer
    16-12-2022

      (Published as Crowdfunding Q&A 6.1)

      NCAs may consider the authorisation as CSP of a legal entity with a management body composed of a single member as the ECSPR does not contain a provision formally requiring more than one person to be member of the management body of a CSP.

      ESMA is of the view that NCAs may authorise a legal person with a single member of the management body when the applicant demonstrates that, taking into account the nature, scale and complexity of the crowdfunding services it intends to provide, its organisation is adequate to ensure, both from a workload and expertise standpoints, an effective and prudent management of the CSP.

      In such cases, the authorising NCA can, as part of its on-going assessment of the CSP, subsequently request the appointment of one or several additional members of the management body of the authorised CSP when it appears that changes in the nature, scale and complexity of the services provided by the authorised CSP justify so.

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      Regulation 2020/1503 - European crowdfunding service providers for business
      Topic
      Control functions (Compliance, Risk and Audit)