FinTech Industry & Regulation – Page 12 – FinTech and Blockchain Law Watch

UK’s Green FinTech Challenge

Nov 08 2018

The UK’s Financial Conduct Authority has launched its Green FinTech Challenge. This is aimed at firms developing green financial technology solutions that need specific regulatory support to bring their proposition to market. The Challenge is designed to support innovation and growth in the Green Finance sector as part of the UK government’s Green GB Week which started on 15 October 2018.

Firms that require specific regulatory support are invited to apply. The Challenge will provide support to a selection of firms developing innovative products and services to assist in the UK’s transition to a greener economy. It is open to start-ups, incumbents and technology providers.

Fintech Lenders To Face Senate Inquiry

Oct 24 2018

By Jim Bulling and Edwin Tan

On 17 October 2018, the Senate resolved to refer certain credit service providers, including payday lenders, fintech “buy now, pay later” providers and credit repair agencies to the Senate Economics References Committee for inquiry. Under the proposed terms of reference, the inquiry will look at:

the impact of the service providers on individuals, communities and the broader financial system;
whether current regulation of the service providers meets community standards and expectations;
whether reform is needed to address harm being caused to consumers; and
the present capacity and capability of the financial counselling sector to provide financial counselling services to financially stressed and distressed members of the community.

ASIC enters into bilateral cross border cooperation agreement with US regulator

Oct 08 2018

By Jim Bulling, Felix Charlesworth and Edwin Tan

On 4 October 2018, the Australian Securities and Investments Commission (ASIC) entered into the ‘Cooperation Arrangement on Financial Technology Innovation’ bilateral agreement (Agreement) with the US Commodity Futures Trading Commission (CFTC) to cooperate and exchange information in the fintech and regtech industries in each jurisdiction. Broadly, the Agreement seeks to enhance mutual understanding, identify market developments and trends, facilitate fintech innovation and foster the use of more efficient and effective regtech.

Offshore entities – ACCC Guidance on Open Banking Accreditation

Sep 25 2018

By Jim Bulling and Felix Charlesworth

As part of its release of the ‘Consumer Data Right Rules Framework’ (Framework), the Australian Competition and Consumer Commission (ACCC) has outlined its accreditation process for entities seeking to become accredited data recipients under the Open Banking Regime.

While Authorised Deposit-taking Institutions (ADIs) will have access to a streamlined accreditation process, all other applicants will need to meet criteria such as:

whether they satisfy a ‘fit and proper’ person test;
the appropriateness and proportionality of the applicant’s systems, resources and procedures;
the adequacy of the applicant’s internal and external dispute resolution processes; and
whether the applicant holds appropriate insurance.

Worldwide Cryptocurrency AML Standards

Sep 20 2018

By Jonathan Lawrence

On 19 September, the president of the Financial Action Task Force (FATF), Marshall Billingslea, said he is optimistic that at its plenary, due in October 2018, the FATF will agree a series of updated standards. He said: “It is essential that we establish a global set of standards that are applied in a uniform manner”. He said that the task force has accelerated its work and made significant progress on reaching a “consensus across nations” after the G20 requested the organisation tackle the issue as a matter of urgency.

ASIC acts on Initial Coin Offerings and crypto-asset funds

Sep 20 2018

By Jim Bulling, Edwin Tan and Felix Charlesworth

In a statement issued today, the Australian Securities and Investments Commission (ASIC) revealed that it has prevented five Initial Coin Offerings (ICOs) from raising capital and will be taking further action in respect of one completed ICO. The ICOs have been put on hold and some will be restructured to comply with relevant laws and regulations. ASIC has also issued a final stop order in respect of a Product Disclosure Statement (PDS) issued by Investors Exchange Limited for units in the New Dawn Fund, which proposed to invest in a range of cryptocurrency assets.

UAE Securities and Commodities Authority to Regulate ICOs and Join Growing List of Regulators

Sep 19 2018

By Jim Bulling and Edwin Tan

On 16 September 2018, the UAE Securities and Commodities Authority’s (SCA) chairman Sultan bin Saeed Al Mansouri announced that the SCA would regulate initial coin offerings (ICOs) and recognise them as securities, as well as introduce controls for trading digital tokens. The statement reads: “In light of the rapid development of the digital tokens market and the response thereto by the regulators in a number of countries worldwide towards regulating the initial coin offerings, the SCA Board of Directors has approved the SCA plan to regulate the ICOs and recognise them as securities”.

Design & Distribution Bill: A Reflection of the Current “Consumer-Centric” Climate

Sep 05 2018

By Jim Bulling, Daniel Knight and Elise Hamblin

Misaligned advisor interests. Consumer disengagement. Low financial literacy in the face of complex documents.

These themes echo throughout the revised Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Power) Bill (Bill) released by the Australian Government in late July 2018. These issues have also been recently ventilated in the Banking Royal Commission. Key changes to the Bill include expanding the scope of regulated products and criminal penalties have been increased for certain breaches.

While the protection of consumers lies at the heart of this Bill, it poses real challenges for issuers and distributors. In particular, the Government’s power to stop distribution of financial products raises significant practical difficulties. Moreover, the increased criminal penalties are indicative of the seriousness with which breaches will be treated. While the changes will not come into force for at least two years, distributors and issuers should begin preparing for the implications of this Bill now.

Please see our latest thinking on the K&L Gates HUB here for an in-depth consideration of the revised Bill.

Australian Treasury Releases Draft Bill on Consumer Data Right

Aug 20 2018

By Jim Bulling, Daniel Knight and Felix Charlesworth

On 15 August 2018, Treasury opened consultation on the Treasury Laws Amendment (Consumer Data Right) Bill 2018 (CDR Bill). The CDR Bill broadly sets out the legislative framework for providing consumers with the right to access to specified data held in relation to them by businesses and authorises secure access to this data by certain accredited third parties.

The initial application for the CDR Bill will relate to the access of banking data (as known as Open Banking). However, the CDR Bill also empowers of the Minister to determine which other sectors of the Australian economy to which this legislation will apply to in the future. As stated in the explanatory memorandum for the CDR Bill, the Government has committed that the telecommunications and energy sectors will soon also be subject to the CDR Bill.

New “Global Sandbox” Announced

Aug 07 2018

By Jonathan Lawrence

Twelve financial regulators and related organisations, including the UK Financial Conduct Authority (FCA), announced on 7 August the creation of the Global Financial Innovation Network (GFIN), building on the FCA’s proposal earlier this year to create a ‘global sandbox’. A list of GFIN members is here. The network will seek to provide a more efficient way for innovative FinTech firms to interact with regulators. It will also create a new framework for co-operation between financial services regulators on innovation related topics.

Category:FinTech Industry & Regulation