Article 17
Withdrawal of authorisation
1. The competent authorities which granted authorisation shall have the power to withdraw the authorisation in any of the following situations where the crowdfunding service provider:
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(a) |
has not used its authorisation within 18 months of the date of granting of the authorisation; |
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(b) |
has expressly renounced its authorisation; |
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(c) |
has not provided crowdfunding services for nine successive months and is also no longer involved in the administration of existing contracts that are the result of initial matching of business funding interests through the use of its crowdfunding platform; |
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(d) |
has obtained its authorisation by irregular means, including making false statements in its application for authorisation; |
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(e) |
no longer meets the conditions under which the authorisation was granted; |
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(f) |
has seriously infringed this Regulation. |
The competent authorities that granted authorisation shall also have the power to withdraw the authorisation in any of the following situations:
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(a) |
where the crowdfunding service provider is also a payment service provider in accordance with Directive (EU) 2015/2366 and it, or its managers, employees or third parties acting on its behalf, have infringed national law implementing Directive (EU) 2015/849 in respect of money laundering or terrorist financing; or |
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(b) |
where the crowdfunding service provider or a third party acting on its behalf has lost the authorisation allowing the provision of payment services in accordance with Directive (EU) 2015/2366 or investment services under Directive 2014/65/EU, and that crowdfunding service provider or third party has failed to remedy the situation within 40 calendar days. |
2. Where a competent authority in a Member State withdraws an authorisation, the competent authority designated as a single point of contact in that Member State in accordance with Article 29(2) shall without undue delay notify ESMA and the competent authorities of the other Member States in which the crowdfunding service provider provides crowdfunding services in accordance with Article 18. ESMA shall introduce information on the withdrawal of the authorisation in the register referred to in Article 14.
3. Before making a decision to withdraw the authorisation, the competent authority that granted authorisation shall consult the competent authority of another Member State in cases where the crowdfunding service provider is:
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(a) |
a subsidiary of a crowdfunding service provider authorised in that other Member State; |
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(b) |
a subsidiary of the parent undertaking of a crowdfunding service provider authorised in that other Member State; or |
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(c) |
controlled by the same natural or legal persons who control a crowdfunding service provider authorised in that other Member State. |