of October 29, 2024 No. 50/8
About approval of the Regulations on publication and provision of obligatory information, leaf with the main information on investments, method of calculation of percent of non-return on the credits offered on platform of collective financing
Based on part (6) Articles 21, parts (2) Article 22 and part (6) article 24 of the Law on services of collective financing No. 181/2023 (The official monitor of the Republic of Moldova, 2023, No. 272 - 273 Art. 470), the National commission on the DECIDES: financial market
1. Approve Regulations on publication and provision of obligatory information, leaf with the main information on investments, method of calculation of percent of non-return on the credits offered on platform of collective financing it (is applied).
2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.
Chairman
To Dumitr Budiyanski
Approved by the Resolution of the National commission on the financial market of the Republic of Moldova of October 29, 2024 No. 50/8
The regulations on the publication and provisions of obligatory information, leaf with the main information on investments, shift the method of calculation of percent of non-return on the credits offered on platform of collective financing:
- The delegated regulations (EU) 2022/2115 European commissions of July 13, 2022 the supplementing Regulations (EU) 2020/1503 European parliament and Council regarding normative technical standards, the determining method of calculation of percent of non-return on the credits offered on platform of the collective financing published in the Official magazine of the European Union by L 287/33 of November 8, 2022, CELEX: 32022R2115;
- The delegated regulations (EU) 2022/21196 European commissions of July 13, 2022 the supplementing Regulations (EU) 2020/1503 European parliament and the Council regarding normative technical standards, the determining requirements to leaf with the main information on investments published in the Official magazine of the European Union by L 287/63 of November 8, 2022, CELEX: 32022R2119;
- Part I: Information on management of individual portfolios of the loans granted by service providers of collective financing in appendix No. 1 "Leaf with the main information on investments" of Regulations (EU) 2020/1503 European parliament and Council of October 7, 2020 about the European service providers of collective financing for business and about modification of Regulations (EU) 2017/1129 and in the Directive (EU) of 2019/1937, European Union published in the Official magazine of L 347 of October 20 2020, to CELEX: 32020R1503.
1. The regulations on the publication and provisions of obligatory information, leaf with the main information on investments, the method of calculation of percent of non-return on the credits offered on platform of collective financing (further - the Provision) establish methods of the publication and the provisions of obligatory information by service providers of collective financing, method of calculation of percent of non-return on the credits offered on platform of collective financing, sample, leaf form and content with the main information on investments and also method of its representation.
2. The terms and expressions used in the Provision have the values provided by the Law on services of collective financing No. 181/2023 (further - the Law No. 181/2023).
3. The service provider of collective financing (further - the supplier) shall take necessary measures in order that information provided according to requirements of the Provision was provided in the clear and easily perceived form, is expressed so that to facilitate understanding of information as the National commission on the financial market (further - NKFR), and clients of the supplier.
4. The supplier constantly carries out assessment of information which are published or shall be published and provided, according to requirements of the Provision, including from the point of view of observance of requirements of the Marine life protection act of personal data No. 133/2011.
5. The supplier publishes on the platform of collective financing, along with each offer of collective financing, information and data specified in part (1) and parts (2) article 21 of the Law No. 181/2023, in the separate Section for investors.
6. In case the investor or the potential investor wishes to accept the offer placed on platform of the supplier, to him in individual procedure, information specified in Item 5, which is considered the offer accepted by the investor at the time of acceptance is given.
7. Individual submission of information, specified in Item 5, will be is performed by, at least, 3 of the following methods:
1) on the homepage;
2) on the page intended to the investor where the financial product or opportunity for investments is described;
3) during registration process;
4) on the page of transactions;
5) by means of educational and promotional materials;
6) by means of the newsletters sent by e-mail.
8. In addition to information specified in Item 5, the supplier shall create on the official web page of platform of collective financing the separate Section devoted to general information about platform where information specified in part (4) article 21 of the Law No. 181/2023 are published.
9. The supplier undertakes all necessary measures for ensuring easy access to the Sections specified in Items 5 and 8, by means of the special and accurately designated marks on the homepage of platform so that they were visible and could be revealed by clients and prospective clients as soon as they get access to platform.
10. Information specified in Items 5 and 8, shall be provided in separate subsections. Information relating to each project of collective financing shall be published in separate subsections.
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