Updated 07/09/2024
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Article 5 - Due diligence requirements

Article 5

Due diligence requirements

1.   A crowdfunding service provider shall undertake at least a minimum level of due diligence in respect of project owners that propose their projects to be funded through the crowdfunding platform of the crowdfunding service provider.

2.   The minimum level of due diligence referred to in paragraph 1 shall include obtaining all of the following evidence:

(a)

that the project owner has no criminal record in respect of infringements of national rules in fields of commercial law, insolvency law, financial services law, anti-money laundering law, fraud law or professional liability obligations;

(b)

that the project owner is not established in a non-cooperative jurisdiction, as recognised by the relevant Union policy, or in a high-risk third country pursuant to Article 9(2) of Directive (EU) 2015/849.