Regulatory Framework
Property tokens and token holders legal rights.
Elevex operates within a legally compliant framework by leveraging exemptions under the Prospectus Regulation (Regulation (EU) 2017/1129) and other applicable European laws. This approach enables Elevex to facilitate fundraising activities for real estate developers without requiring a full prospectus, while ensuring compliance with investor protection and disclosure requirements.
Fundraising Framework and Prospectus Exemptions
Elevex provides a platform for real estate developers to tokenize revenue-sharing agreements and raise funds through a structure that adheres to the following regulatory exemptions:
Prospectus Exemption Threshold:
In accordance with Article 1(3) and Article 3(2) of the Prospectus Regulation, Elevex facilitates fundraising through SPVs that issue security tokens representing revenue-sharing agreements. These offerings comply with the exemption for total fundraising below €8 million over a rolling 12-month period.
Investor Participation Limits:
Under the Prospectus Regulation, Elevex structures offerings to include:
Up to 150 non-qualified (retail) investors per EEA country, alongside unlimited qualified investors.
This structure avoids triggering the obligation to publish an approved prospectus while allowing broader participation.
SPV-Based Issuance Model:
Each real estate project is managed through a dedicated Special Purpose Vehicle (SPV). The SPV acts as the issuer of the tokenized securities, enabling compliance with regulatory thresholds while offering investors direct exposure to project-specific agreements.
AML/KYC and Investor Onboarding
AML/KYC Compliance:
Elevex ensures that all investors undergo comprehensive AML (Anti-Money Laundering) and KYC (Know Your Customer) checks before participating in any offerings, in accordance with applicable EU directives.
Transparent Investor Disclosures:
All offerings include detailed Key Information Documents (KID) under Regulation (EU) 1286/2014 (PRIIPs), providing retail investors with the necessary information to make informed investment decisions.
Custody and Currency Conversion
Custody and Currency Services via EU-Licensed Partner:
Elevex collaborates with an EU-licensed partner for custody and fiat-to-crypto conversion services. These services are provided under the partner’s regulatory framework and licensing, ensuring compliance with European financial regulations.
Platform Role:
Elevex itself does not provide custody or currency conversion services. Instead, its role is limited to facilitating the issuance and fundraising process.
Key Features of the Elevex Approach
Regulatory Compliance:
Adheres to Prospectus Regulation exemptions for public offers, enabling fundraising without an approved prospectus.
Investor Inclusivity:
Combines access for both retail and qualified investors while maintaining compliance with investor limits.
Streamlined Fundraising:
Utilizes SPVs to manage individual projects and ensure regulatory thresholds are met for each offering.
Transparent Information:
Provides retail investors with Key Information Documents (KID) for clarity and risk disclosure.
Conclusion
Elevex is structured to enable compliant fundraising for real estate developers while leveraging prospectus exemptions and collaborating with EU-licensed partners for custody and currency conversion. This approach ensures seamless operations while maintaining transparency, security, and legal compliance for both developers and investors.
Last updated