Liability for particulars in the key investment information sheet under Article 23 of Regulation (EU) 2020/1503

(1) The project owner within the meaning of Article 2(1), letter h) of Regulation (EU) 2020/1503 responsible for the key investment information sheet under Article 23 of Regulation (EU) 2020/1503 is obliged to the investor within the meaning of Article 2(1), letter i) of Regulation (EU) 2020/1503 to reverse the loan within the meaning of Article 2(1), letter b) of Regulation (EU) 2020/1503 and to reimburse the customary costs connected with the granting of the loan, or to take over the securities or the instruments used for crowdfunding purposes against reimbursement of the acquisition price, insofar as that price does not exceed the original acquisition price, and to reimburse the customary costs connected with the acquisition, where, in the key investment information sheet under Article 23 of Regulation (EU) 2020/1503 or any translations into official languages of a Member State of the European Union, owing to intent or negligence, 1. misleading or incorrect information is stated, 2. material information necessary to assist investors in their decision whether to invest in a crowdfunding project is not stated, or 3. a risk warning to be given under Article 23(6), letter c) of Regulation (EU) 2020/1503 is not included.
(2) The obligation under subsection (1) also exists where the project owner, owing to intent or negligence, 1. has failed to draw up the key investment information sheet contrary to Article 23(2) of Regulation (EU) 2020/1503, or 2. has failed to notify the crowdfunding service provider within the meaning of Article 2(1), letter e) of Regulation (EU) 2020/1503, without delay, of a change to the information contained in the key investment information sheet, contrary to Article 23(8), first sentence of Regulation (EU) 2020/1503.
(3) The obligation under subsection (1) exists for the crowdfunding service provider where that provider, owing to intent or negligence, 1. has failed to make the key investment information sheet available to the investor, contrary to Article 23(2) of Regulation (EU) 2020/1503, or 2. has failed to inform the investor without delay of a material change to the information contained in the key investment information sheet, contrary to Article 23(8), second sentence of Regulation (EU) 2020/1503.
(4) Where the investor is no longer the holder of the securities or the instruments used, the investor may demand compensation for any financial disadvantage and payment of the costs connected with the original acquisition and the disposal, where the disposal price does not exceed the original acquisition price.