Article 10
Provision of asset safekeeping services and payment services
1. Where asset safekeeping services and payment services are provided, crowdfunding service providers shall inform their clients of all of the following:
|
(a) |
the nature and terms and conditions of those services, including references to the applicable national law; |
|
(b) |
whether those services are provided by them directly or by a third party. |
2. Where crowdfunding service providers carry out payment transactions related to transferable securities and admitted instruments for crowdfunding purposes, they shall deposit the funds with one of the following entities:
|
(a) |
a central bank; or |
|
(b) |
a credit institution authorised in accordance with Directive 2013/36/EU. |
3. Transferable securities or admitted instruments for crowdfunding purposes offered on a crowdfunding platform, and which can be registered in a financial instruments account opened in the name of an investor or which can be physically delivered to a custodian, shall be held in custody by the crowdfunding service provider or by a third party. An entity providing custody services shall hold an authorisation in accordance with Directive 2013/36/EU or 2014/65/EU.
4. A crowdfunding service provider may itself, or through a third party, provide payment services provided that the crowdfunding service provider itself, or the third party, is a payment service provider in accordance with Directive (EU) 2015/2366.
5. Where a crowdfunding service provider does not provide payment services in relation to the crowdfunding services, either itself or through a third party, such a crowdfunding service provider shall put in place and maintain arrangements to ensure that project owners accept funding of crowdfunding projects, or any other payment, only by means of a payment service provider in accordance with Directive (EU) 2015/2366.