Updated 18/09/2024
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Article 18 - Funding policy

Article 18

Funding policy

1.   The crowdfunding service provider shall have in place a funding policy to determine how the contingency fund is financed and how the proceeds collected are managed.

2.   For the purpose of paragraph 1, the funding policy referred to in paragraph 1 shall contain all of the following elements and information:

(a)

any initial contribution made by the crowdfunding service provider into the contingency fund;

(b)

the type of fees that are collected for accruing the contingency fund;

(c)

the criteria the contingency fund management takes into account when deciding the type of fees to be levied;

(d)

the criteria the contingency fund management takes into account when deciding the amount of fees to be levied for each loan;

(e)

the decision-making process to determine the amount and nature of fees to be levied;

(f)

the investment strategy adopted by the contingency fund for investing the funds under management;

(g)

the legal ownership of the funds;

(h)

how the funds will be dissolved in the event of the maturity of the contingency fund;

(i)

how the funds are segregated from other assets owned by the crowdfunding service provider;

(j)

how the money paid into the contingency fund will be treated in the event of the insolvency of the contingency fund operator.