(1) The crowdfunding service provider within the meaning of Article 2(1), letter e) of Regulation (EU) 2020/1503 responsible for the platform-level key investment information sheet under Article 24 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 repay the amount allocated for the individual management of the loan portfolio, and the fees and other costs connected with the individual management of the loan portfolio, less amounts already paid out, where, in the platform-level key investment information sheet under Article 24 of Regulation (EU) 2020/1503 or any translations of it 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 make their investment through the individual management of the loan portfolio is not stated, or
3. the statement to be given under Article 24(1), letter c) of Regulation (EU) 2020/1503 is not included.
(2) The obligation under subsection (1) also exists where the crowdfunding service provider, owing to intent or negligence,
1. has failed to make the platform-level key investment information sheet available to the investor, contrary to Article 24(1) of Regulation (EU) 2020/1503,
2. has failed to keep the platform-level key investment information sheet up to date, contrary to Article 24(2), first sentence of Regulation (EU) 2020/1503, or
3. has failed to inform the investor without delay of a material change to the information contained in the platform-level key investment information sheet, contrary to Article 24(2), second sentence of Regulation (EU) 2020/1503.
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Part 5b · Crowdfunding Service Providers › Section 32d
Liability for particulars in the platform-level key investment information sheet under Article 24 of Regulation (EU) 2020/1503
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