Crowdfunding in the fractional ownership model

We advised an EU investment company on the following project:

Crowdfunding platform including the possibility of investing funds in fractional ownership of collectibles

We advised an EU investment company on the legal classification of its business, under which the company enables users to invest a small amount of money in fractional ownership of collectible goods. In individual EU Member States, this product is qualified in a different way, depending on the implementation of EU law and the national approach of individual capital market supervisory authorities. The project required e.g. in-depth legal analysis of MIFID II and AIFMD/UCITS as well as Polish implementing regulations, as well as taking into account technological threads (tokenization) as part of some aspects of the investment company’s operations.

The advisory services of DLK Legal with respect to such projects mostly include:

• legal qualification of the undertaken activity, taking into account Polish regulations on trading in financial instruments and investment funds (including AIF)
• analysis of the impact of certain cross-border issues and applicable law on the above-mentioned legal qualification
• assessment of some additional legal risks related to the undertaken activity