Investor information
Version 3.2 - February 28, 2024
FUNDEN PLATFORM, S.L.
INFORMATION FOR INVESTORS: WARNINGS AND RISKS.
FUNDEEN PLATFORM, S.L. (Hereinafter referred to as FUNDEEN) is a Spanish company, with its registered office in Ávila (05001), Calle Estrada, 19, bajo, with Tax Identification Number B-87884896 and registered in the Commercial Register of Ávila.
FUNDEEN, as a Provider of Participative Financing Services, operates through the platform (www.fundeen.com) and is subject to the regulation of Regulation (EU) 2020/1503 of the European Parliament and of the Council, of October 7, 2020, on European Providers of Participative Financing Services for companies, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937.
As well as by Law 34/2002, of July 11, on services of the Information Society and Electronic Commerce.
FUNDEEN is a Provider of Participative Financing Services authorized by the National Securities Market Commission (hereinafter "CNMV"). Under no circumstances does it carry out any type of activity typical of investment service companies, credit institutions, and is not affiliated with any investment guarantee fund or deposit guarantee fund. The information published on the website www.fundeen.com (hereinafter "The Platform" or "The Website") regarding the different projects is for informational purposes only and cannot be considered under any circumstances as providing recommendations to the investor.
In accordance with Regulation 1503/2020, FUNDEEN will not participate in the financing of the projects published on the Platform.
1. MEASURES ADOPTED TO AVOID CONFLICT OF INTEREST.
In order to avoid the occurrence of conflicts of interest, FUNDEEN will under no circumstances participate as an investor in the offers of participative financing that are published on its Platform.
In addition, under no circumstances will FUNDEEN accept that any of the following persons act as Promoter of any of the projects published on its Platform:
- The Shareholders of FUNDEEN who own at least 20% of the share capital or voting rights.
- Its directors or employees.
- any natural or legal person linked to those shareholders, directors, or employees by control as defined in Article 4(1)(35)(b) of Directive 2014/65/EU.
In those cases where FUNDEEN accepts that any of the persons mentioned above in sections a), b), and c) invest in any of the projects published on the Platform, it will be mentioned on the Platform that they accept that person as an investor, including specific information about the participative financing projects in which they have invested. It is guaranteed that the participation by these related persons in the projects will be carried out under the same conditions as those of any other investor, without receiving any preferential treatment or privileged access to information.
FUNDEEN guarantees the application of internal control measures to prevent and avoid conflicts of interest.
2. RISK WARNING:
Investing in projects published on the Platform may entail certain risks for the investor, such as the total or partial loss of the invested capital, the risk of not obtaining the expected return, dilution risk, risks derived from the limitations of transferability of equity participations in equity projects, or the risk of non-return of the investment due to the impossibility of dividend payment.
In addition, investors are informed that the participative financing services provided by FUNDEEN are not covered by the deposit guarantee system established in accordance with Directive 2014/49/EU and that negotiable securities or instruments admitted for participative financing acquired through the platform are not covered by the investor compensation system established in accordance with Directive 97/9/EC.
3. PRE-CONTRACTUAL REFLECTION PERIOD FOR NON-EXPERIENCED INVESTORS:
The conditions of the participative financing offer will be binding on the project promoter from the moment the participative financing offer appears on the platform until the earlier of the following dates:
- the expiration date of the participative financing offer announced by the participative financing service provider at the time of including the participative financing offer on its participative financing platform, or
- the date on which the financing objective is reached or, in the case of a financing interval, when the maximum financing objective is reached.
FUNDEEN establishes a pre-contractual reflection period during which the potential inexperienced investor may revoke at any time their investment offer or expression of interest in the participative financing offer without the need to justify their decision and without incurring any penalty for it.
This reflection period will begin at the time of the investment offer or expression of interest by the potential inexperienced investor and will expire at the end of FOUR NATURAL DAYS.
In order for investment offers and expressions of interest to be properly recorded, FUNDEEN will keep a record of them, collecting the amount and the time they are received.
The investor who so wishes may exercise this right by sending an email from their registered email to soporte@fundeen.com including the following information:
- First and Last Name. / Company Name and data of the legal representative.
- ID / NIF:
- Date of birth.
- Project for which the investment offer was made.
- Amount corresponding to the investment offer.
- Indicate if you wish to make a total or partial revocation and, if so, indicate the amount.
The inexperienced investor must accompany this request with a copy of their National Identity Document.
4. MECHANISMS FOR CUSTOMER PROTECTION: COMPLAINTS.
The Customer Service Department (hereinafter "CSD") is responsible for the attention, monitoring, management, and resolution of all inquiries, complaints, and claims that customers submit to it, directly or indirectly, and through the means provided for this purpose.
Complaints and claims may be submitted to the CSD, either in writing sent to the registered office or by electronic means.
Complaints and claims may be made on paper, by directing the form set forth below to the registered office of FUNDEEN personally or by registered mail:
FUNDEEN PLATFORM, S.L.
Calle Estrada, 19, Bajo,
05001 ÁVILA. or by electronic means to soporte@fundeen.com
Form:
ATT. CUSTOMER SERVICE DEPARTMENT OF FUNDEEN PLATFORM, S.L.
Complainant's details:
- First and Last Name / Company Name:
- ID / NIF:
- Address:
- Email:
- Phone:
Reason for the complaint (may be supplemented with attached documents)
The Complainant requests:
List of attached documents:
In ______________________, on ____ of ____ of 202_ Send to: FUNDEEN PLATFORM, S.L. Calle Estrada, 19, Bajo, 05001 ÁVILA. or by electronic means to soporte@fundeen.com
Signature of the interested party or their legal representative:
FUNDEEN will have a period of two months from the day it receives the complaint to resolve it. Once this period has elapsed, the client may resort to the claims service of the National Securities Market Commission (hereinafter "CNMV").
Likewise, the client may resort to this channel when FUNDEEN's resolution is not in line with or satisfactory to their legitimate expectations.
That said, if the Client decides to use this channel, they must submit the corresponding complaint to the CNMV through the following means:
- Electronic submission of their complaint. (CNMV Form)
- Form addressed to the CNMV Complaints Service: Edison, 4, 28006 Madrid - Passeig de Gràcia, 19, 08007 Barcelona.
- Investor helpline: 900 535 015.
The CNMV examines the admissibility of the complaint and communicates its admission or request for rectification of those issues that are necessary for its admission.
Once admitted, the complaint is transferred to the entity being complained about, so that it can submit its allegations within twenty-one natural days. The entity must send these allegations to the complainant so that they can comment on them, also within twenty-one natural days.
The maximum period for resolving complaints is ninety natural days.
The final report contains clear, precise, and motivated conclusions on the conduct followed by the entity in the case raised. This report:
- Is solely informative and non-binding on the parties. However, the entity must inform the supervisor of the actions taken in relation to complaints resolved with a favorable report to the complainant.
- Is not considered an appealable administrative act, so it cannot be subject to appeal before administrative or judicial bodies.
- Does not include economic assessments of possible damages and losses suffered by users of financial services, as only the courts of justice can recognize such requests.
During the processing, interested parties may withdraw their complaint, which would lead to the termination of the procedure for the complainant. They may also reach an agreement with the entities and close the file.
The CNMV examines the admissibility of the complaint and communicates its admission or request for rectification of those issues that are necessary for its admission.
5. FEE POLICY:
| CONCEPT | RATE | Minimum | Maximum |
|---|---|---|---|
| P-1a | Reception, selection, and publication of projects | 0.00% | 5.00% |
| P-1b | Development, establishment, and exploitation of communication channels | 0.00% | 1.20% |
| P-2a | Advising promoters on project publication matters on the platform | 0.00% | 1.00% |
| P-2b | Analysis of received projects | 0.00% | 1.50% |
| P-2c | Enabling remote communication channels | 0.00% | 3.00% |
| P-2d | Making contract models available to the parties | 0.00% | 0.50% |
| P-2e | Transmission of information provided by the promoter to investors | 0.00% | 5.00% |
| P-3 | Formalizing subscription contracts for participations | 0.00% | 0.50% |
| *These rates will be subject to applicable taxes. | |||
6. PROJECT CREDIT INFORMATION:
In accordance with Regulation 1503/2020, and specifically in its Article 19, FUNDEEN offers, as a Provider of Participative Financing Services, a description of the method used to calculate ratings or determine credit pricing, which can be consulted at the following link: [LINK TO FRAMEWORK]
7. MECHANISMS FOR INVESTOR PROTECTION IN CASE OF FRAUD OR PLATFORM CLOSURE.
Fundeen will effectively carry out controls aimed at verifying that both the companies responsible for the development of the opportunities and their administrators are up to date with their tax obligations and do not have any incidence of a bankruptcy nature.
Likewise, FUNDEEN conducts an in-depth analysis of financial, legal, and product statements to verify that what is contributed by the Promoters is in line with reality and current legal regulations. In addition, it will pay special attention to those items that present a high amount or that from a first review may generate doubts about the possibility of fraud.
In order to minimize operational risk, FUNDEEN carries out a double analysis: on the one hand, it carries out a self-assessment of its own structure, the nature of its services, and the channels or formulas for their provision, and on the other hand, an external analysis of the comparative market, the innovations that may occur in technological solutions applicable to platforms, and the legal changes that may alter its operation.
The evaluation committee created for this purpose meets semi-annually to analyze the results of the aforementioned analyses, prepare a summary for management by betting on making all the necessary changes. Likewise, an emergency mechanism is provided for the implementation of those changes that cannot wait until the next meeting of the evaluation committee.
Thus, FUNDEEN has the necessary mechanisms to comply with its operational risk policy.
In the event of cessation of activity by FUNDEEN, the investments made by the Investors are not at risk. The services committed by the Platform prior to the cessation of activity will be provided by the entity designated by FUNDEEN, which will be subject to approval by the Investors, who will decide in accordance with the syndication agreement previously signed by them.
The transition will be managed automatically as soon as the cessation of activity is established, always seeking the tranquility and security of the Investors to comply with all obligations previously contracted by FUNDEEN in a timely manner.
8. AUDITORS:
The auditors of the Platform are BAILEN 20, S.A.P., a firm registered with number S2325 in the Official Register of Auditors of Accounts of the Institute of Accounting and Audit of Accounts, with registered office in Madrid, Calle Basílica, number 15, 6th C, Postal Code 28020, provided with N.I.F. A-79099156 and registered in the Commercial Register of Madrid in Volume 9,557, Folio 55; Sheet number M-739683.