ESMA_QA_828
                23/09/2022
          Subject Matter
              Investor protection and marketing communication
          Original question
Can an entity linked to a crowdfunding service provider by control as defined in point (35)(b) of Article 4(1) of Directive 2014/65/EU take or have a participation in an offer on the crowdfunding platforms managed by the crowdfunding service provider? 
      ESMA Answer
          23-09-2022
      Original language
(Published as Crowdfunding Q&A 5.15)
Yes, the provision set out in Article 8(1) only applies to the CSP. Entities linked to the crowdfunding service provider can be accepted as investors in crowdfunding projects offered on its platforms provided that the requirements set out in Article 8 of the ECSPR and especially paragraphs (2), (3), (4), (5) and (6) are duly complied with. However, the provision of Article 8(4) shall not be used a mean to circumvent the rule set out in Article 8(1). NCAs will notably monitor that CSPs do not set up ad hoc entities for the purpose of circumventing the prohibition of Article 8(1).
Status: Answer Published
      
Additional Information
Level 1 Regulation
              Regulation 2020/1503 - European crowdfunding service providers for business
          Topic
              Information to clients on topics other than costs and charges