+Artikkel 4 Tõhus ja usaldusväärne juhtimine
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Artikkel 4 Tõhus ja usaldusväärne juhtimine
Tõhus ja usaldusväärne juhtimine
1. Ülevaade
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Regulatsioon |
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Article 4 1
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1. The management body of a crowdfunding service provider shall establish, and oversee the implementation of, adequate policies and procedures to ensure effective and prudent management, including the segregation of duties, business continuity and the prevention of conflicts of interest, in a manner that promotes the integrity of the market and the interests of its clients.
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Article 4 2
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2. The management body of a crowdfunding service provider shall establish, and oversee the implementation of, appropriate systems and controls to assess the risks related to the loans intermediated on the crowdfunding platform.
A crowdfunding service provider that provides individual portfolio management of loans shall ensure that it has in place adequate systems and controls for the management of risk and financial modelling for that provision of services and that it complies with the requirements set out in Article 6(1) to (3).
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Article 4 3
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3. The management body of a crowdfunding service provider shall review, at least once every two years, taking into account the nature, scale and complexity of the crowdfunding services provided, the prudential safeguards referred to in point (h) of Article 12(2) and the business continuity plan referred to in point (j) of Article 12(2).
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Article 4 4
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4. Where a crowdfunding service provider determines the price of a crowdfunding offer, it shall:
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(a)
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undertake a reasonable assessment of the credit risk of the crowdfunding project or project owner before the crowdfunding offer is made, including by considering the risk that the project owner will not make, in the case of a loan, bond or other form of securitised debt, one or more repayments by the due date;
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(b)
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base the credit risk assessment referred to in point (a) on sufficient information, including the following:
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(i)
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where available, audited accounts covering the two latest financial years;
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(ii)
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information of which it is aware at the time the credit risk assessment is carried out;
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(iii)
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information which has been obtained, where appropriate, from the project owner; and
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(iv)
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information which enables the crowdfunding service provider to carry out a reasonable credit risk assessment;
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(c)
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establish, implement and maintain clear and effective policies and procedures to enable it to carry out credit risk assessments, and publish those policies and procedures;
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(d)
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ensure that the price is fair and appropriate, including in situations where a crowdfunding service provider that determines the price of loans is facilitating an exit for a lender before the maturity date of a loan;
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(e)
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conduct a valuation of each loan in at least the following circumstances:
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(i)
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at the moment when the loan is originated;
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(ii)
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where the crowdfunding service provider considers that the project owner is unlikely to fulfil its obligations to repay the loan in full, without the crowdfunding service provider enforcing any relevant security interest or taking other steps with analogous effect;
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(iii)
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following a default; and
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(iv)
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where the crowdfunding service provider is facilitating an exit for a lender before the maturity date of the loan;
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(f)
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have and use a risk-management framework that is designed to achieve compliance with the requirements set out in points (a) to (e) of this paragraph;
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(g)
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maintain a record of each facilitated crowdfunding offer sufficient to demonstrate that:
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(i)
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a credit risk assessment was carried out when required and in compliance with points (a) and (b) of this paragraph; and
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(ii)
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the price of the crowdfunding offer was fair and appropriate in line with the risk-management framework.
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1.1 Viited
1.2 Tuvastatud nõuded
1.3 Seotud standardid
2. Tuvastatud nõuded
3. Seotud standardid
- Builddate: 20.10.2020 00:00:00 -Doknr: CELEX:32020R1503
- EULAW -
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