Legal information for the investor

INICIO _ Legal information for the investor

Risks

Investing in projects published on the Flobers website, platform, and its IP domains may involve certain risks, such as the risk of total or partial loss of invested capital, not obtaining the expected financial returns, or lack of liquidity of investments. Therefore, we strongly advise investors to invest amounts they are prepared to lose and diversify their investments to minimize and mitigate potential risks.

The main risks associated with this type of investments include, but are not limited to:

Risk of total or partial loss of invested capital. Investments made via the Flobers platform are not guaranteed, so there is a risk of losing all or part of the invested capital.
Risk of not obtaining the expected financial returns. The profitability and value of the investment will depend on the success of the project chosen for investment. Therefore, if the project’s objectives are not met, the investor may not receive the expected returns, and in certain negative scenarios, they could even lose all or part of the invested money.
Investments made through the platform are not guaranteed. Flobers nor the Project developers guarantee the recovery of the investment or a minimum return. There is also no guaranteed deposit scheme to guarantee the recovery of the investment or the minimum return.
Potential lack of investment liquidity due to restrictions on the free transferability inherent in the legal framework of limited liability companies. There is a risk that there may be a lack of liquidity in connection with an equity investment. In this context, the restrictions inherent in the free transferability of shares that are inherent in the legal regime of the limited liability companies that issued them should be taken into account, as well as the restrictions established in the invested company’s bylaws or any shareholder agreements.
Risk of dilution of the participation in the Project Company. Investments made through Flobers may be subject to future dilution. Dilution occurs when a company issues more shares pursuant to a capital increase. Dilution affects all existing partners who do not acquire any of the new shares. As a result, the partners’ participation is reduced.
Risk of not receiving dividends. Capital gains will be distributed among investors as partners, using the method that maximizes their investment return. The projects published on Flobers may be focused on short- or long-term investments. Therefore, in some cases, dividends will not be received, but capital gains will be received upon liquidation of the limited liability company, without any guaranteed return.
Risk of not being able to influence the management of the company. Investors cannot influence the management of the companies financed through the crowdfunding platform.
Flobers Crowdfunding Spain P.F.P, S.L. is authorized and regulated as a crowdfunding platform by the CNMV, registered with registration number 34 to mediate investments in renewable energy. Flobers Crowdfunding Spain P.F.P, S.L. does not have the status of an investment services company or credit institution and does not adhere to any investment guarantee fund or deposit guarantee fund. Investments made through the Platform are not covered by the deposit guarantee systems established in accordance with Directive 2014/49/EU or by the investor compensation systems established in accordance with Directive 97/9/EC.

The information published by Flobers Crowdfunding Spain P.F.P, S.L. on its Platform is for information purposes only and cannot be considered as recommendations for renewable energy crowdfunding investors. The crowdfunding projects for renewable energy published by Flobers Crowdfunding Spain P.F.P, S.L. on its Platform are not subject to authorization or supervision by the National Securities Market Commission or the Bank of Spain. Therefore, all information provided by any developer regarding the projects published has not been reviewed by said entities.

Investing in renewable energy projects advertised on the Platform may involve certain risks, such as the risk of total or partial loss of invested capital, not obtaining the expected financial returns or lack of liquidity. Therefore, we advise investors only to invest amounts that they are prepared to lose and advise them to diversify their investments to minimize and mitigate the potential risks. In the case of a developer’s inability to repay the funds received, Flobers Crowdfunding Spain P.F.P, S.L. will not refund the investors’ investment made in photovoltaic energy.

Applicable fees

Fees applicable to Flobers’ service are established in accordance with Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for businesses and concording Regulation (EU) 2017/1129 and Directive (EU) 2019/1937.

Said fees are set out in the following table, which will be in effect from 2022 onwards.

FEES SUMMARY

Applicable to developers

Minimum (€) Rate (*)
Preliminary analysisi of the Project Feasibility study of the project 250 € 0.5%
2.500 € 5%
Developer advice for project publication on the platform, without marketing. (Optional) 1.500 € –
Developer advice for the launch marketing campaign of the project (Optional) 1.500 € 1%
Enabling of long-distance communication channels prior to financing 500 € 0,5%
Drafting and providing the necessary contract templates, and making them available to developers for participation in projects 500 € 0,5%
Enabling of distance communication channels after financing (Optional) 100 €/month 0%
(*) percentages are calculated on the total amount to be financed per project. The amounts shown are established as reference rates, and always as caps.
Applicable to investors Minimum (€) Rate (*¹)
Drafting and providing the necessary contract templates and making them available to investors for participation in projects 0 € 0,0%
Submission to investors of ongoing project information provided by the relevant developer 0 € 0,1%
Judicial and extrajudicial claim of credit rights 250 € 2,0%
(*¹) Percentages are calculated on the total amount invested.

Organizational measures and means to minimize the risk of fraud and operational risk

Flobers has designed and implemented policies and procedures to minimize the risk of fraud in the transactions it presents on its Platform. To this end, it has the necessary organizational measures and means to minimize such risks, including:

Flobers carries out a due diligence before accepting the publication of projects In this context, Flobers has defined a procedure with criteria for the origin of developers, corporate risks of developers, and the tools and sources of information for such evaluation with the objective of analyzing and assessing the projects and their characteristics, as well as those of the developers.
Flobers periodically reviews its procedures and systems to supervise the operations carried out on the platform and will cross-check them with the information received from promoters with the payments made with each project in order to detect that the platform is not misused or improperly used by promoters, investors or employees.
Flobers’ general management analyzes and evaluates the main operational risks faced in the development of its activity to design and approve a plan for the management of operational risk, which will be periodically reviewed.

Measures taken to avoid conflicts of interest.

Flobers has an Internal Conduct Manual. If you want more information, you can click here:

Measures taken to avoid conflicts of interest.

Procedures and means for filing complaints and claims by clients and the procedures for resolving them.
Flobers has a Client Defense Regulation that details the procedure for filing complaints and claims by clients and the procedures for resolving them. If you want more information, you can click here:

The customer service officer in charge of resolving complaints and claims filed by clients of Flobers Crowdfunding Spain P.F.P, S.L. is as follows:

Customer Service Officer: Ms. Paloma Chicharro

Customer Service:

Email: atencionalcliente@flobers.es

Customer Service Phone: +34 91 737 98 10

Postal Address: Calle Alameda 22, 28014, Madrid

Flobers Crowdfunding Spain P.F.P, S.L. shall attend to and resolve the complaints and claims filed by its clients by any means with the above-mentioned Customer Service within one month from their submission. After this period, the client may refer to the CNMV Claims Service.

Nevertheless, before referring to the CNMV Claims Service, a complaint or file must be lodged with Flobers. However, if you disagree with the response received, or if a month has passed without a response, there is a Complaints Service of the National Securities Market Commission (attached to the Investors Department of the CNMV), where you can refer a complaint through the following means:

Electronic submission of your complaint.
Form directed to the Complaints Service of the CNMV: Edison, 4, 28006 Madrid – Passeig de Gràcia, 19, 08007 Barcelona.
Likewise, you have an investor helpline: 900 535 015.
The CNMV examines the admissibility of the complaint and communicates its admission or request for correction of those issues that are necessary for its admission.

Once admitted, the complaint is transferred to the relevant institution (in this case, Flobers), so that it can make its allegations within twenty-one natural days. Flobers must send these allegations to the claimant so that they can comment on them, also within a twenty-one natural day period.

The maximum period for resolving complaints is ninety natural days. If this is not possible, this circumstance must be reported, and the causes that have prevented compliance with the required deadline it must be included in the final report.

The final report shall contain clear, precise, and motivated conclusions on the conduct followed by the institution in the case raised. This report:

Is only informative and non-binding for the parties. However, Flobers must inform the supervisor of the actions taken in connection with the complaints resolved with a favorable report for the claimant.
Does not have the consideration of an appealable administrative act, so it cannot be the subject of an appeal before administrative or judicial bodies.
Does not include economic assessments of the possible damages and losses suffered by users of financial services, as only the courts of justice can recognize this type of requests.

During the processing, interested parties may withdraw their complaint, which would lead to the termination of the procedure for the claimant. They can also reach a settlement with the institution and put an end to the proceedings.

The CNMV examines the admissibility of the complaint and communicates its admission or request for correction of those issues that are necessary for its admission.

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