Original question
Original language
(Answer from the European Commission - published as Crowdfunding Q&A 3.6)
The ECSPR does not provide a regulatory framework for tied agents. Therefore, there is no possibility for tied agents to provide crowdfunding services on behalf of the CSP under ECSPR. Nonetheless, the CSP can designate tied agents to promote the CSP’s services. Such activity will be subject to national law.
The answers provided by the European Commission are provided pursuant to Article 16b(5) of Regulation 2010/1095 to clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.