Abstract
The Regulation on European Crowdfunding Service Providers (ECSPs) for businesses, since its Proposal by the European Commission in March 2018, has experienced difficult trilateral negotiations. The length of the legislative process relates not only to nationalism resurgence, uncertain Brexit negotiations and COVID-19 outbreak but also to different views about crowdfunding and its optimal regulation within the three European Institutions. The present paper, after describing crowdfunding’s main features, will critically analyze the ECSPs Regulation in details as eventually adopted in October 2020, also in comparison with the alternative options available and their relative implications, in order to discuss the resulting picture of crowdfunding and its future under the new European regime, also providing suggestions for certain adjustments. Bank resolution, insolvency, significant non-financial enterprises, enterprise groups, Carillion, early intervention, recovery and resolution planning, living wills, public interest, systemic risk, critical functions.
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