Category:FinTech Industry & Regulation

1
ASIC: Australian laws still apply to ICOs created and offered overseas
2
AUSTRAC, ATO and ASIC DISCUSS THEIR REGULATORY VIEWS ON ICO’S
3
New York Attorney General Launches Fact-Finding Mission into Virtual Currency Exchanges; Exchanges Divided on Response
4
Japanese Regulator Holds the First Meeting of the New Study Group on Virtual Currency Exchanges
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6 ways for FinTechs to build trust: a regulator’s view
6
IOT Group to set up blockchain centre in the Australian energy sphere
7
Senior English Judge Comments on FinTech
8
Hope for Regulatory Relief on the Horizon? State Regulators to Standardize Licensing Process for Money Transmitters
9
Increasing FinTech regulatory ties between Australia and the UK
10
UK FCA Lead on Global Sandbox

ASIC: Australian laws still apply to ICOs created and offered overseas

By Jim Bulling and Edwin Tan

On 26 April 2018, John Price of the Australian Securities and Investments Commission (ASIC) highlighted in a speech that Australian corporate and consumer laws might still apply to ICOs created and offered from overseas, so long as they were offered and sold to Australian consumers.  Mr Price warned that there was an incorrect perception that Australian regulations did not apply to activities engaged from overseas.

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AUSTRAC, ATO and ASIC DISCUSS THEIR REGULATORY VIEWS ON ICO’S

By Jim Bulling and Felix Charlesworth

On 16 April 2018, representatives from the Australian Securities and Investments Commission (ASIC), Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Tax Office (ATO) convened in Melbourne and delivered presentations outlining their regulatory views on Initial Coin Offerings (ICOs) and blockchain technology in general.

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New York Attorney General Launches Fact-Finding Mission into Virtual Currency Exchanges; Exchanges Divided on Response

By Jeremy McLaughlin and Dan Cohen

The Investor Protection Bureau of the New York Office of the Attorney General (Bureau) has established the “Virtual Markets Integrity Initiative,” which the Bureau describes as a “fact-finding inquiry into the policies and practices” of virtual currency exchanges.  The Bureau launched the initiative “to increase transparency and accountability in the virtual currency marketplace—and better inform the actions of enforcement agencies, investors, and consumers in this space.”

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Japanese Regulator Holds the First Meeting of the New Study Group on Virtual Currency Exchanges

By Yuki Sako

As a response to the fallout resulting from the hacking of Japanese cryptocurrency exchange Coincheck Inc., which resulted in $530 million worth of digital currencies being stolen, on April 10, 2018, the Financial Services Agency of Japan (FSA) hosted the first meeting of the Study Group on Virtual Currency Exchange Service Providers (Study Group).

By way of background, beginning April 2017, Japan required virtual currency exchange service providers (Virtual Currency Exchange(s)) to be registered with the Japanese authority.  Registered Virtual Currency Exchanges are subject to certain operational requirements and conduct regulations such as verification of customers’ identities and customer disclosure.

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6 ways for FinTechs to build trust: a regulator’s view

By Michelle Chasser and Jim Bulling

In a recent speech on building trust, Australian Securities and Investments Commission Chair, James Shipton, identified 6 key characteristics that financial service providers, including FinTech companies, should have to ensure that the Australian financial system is efficient, resilient and fair.  Those characteristics are:

  1. Financial products that the FinTech company provides do what they say they will and don’t take advantage of consumer biases or lack of knowledge about the product.
  2. Consumers’ interests are prioritised and put before the FinTech company’s.
  3. The FinTech company acts with integrity and fairness, not just in compliance with the law but also taking into account community expectations and standards.
  4. Mistakes and misconduct are quickly identified, reported and rectified.
  5. Open engagement and cooperation with regulators not only about problems but also in relation to business challenges and risks.
  6. Being innovative and using technology to improve products and services to deliver better outcomes for consumers. Although by their very nature FinTech companies are innovative and use technology, an effort should be made to constantly improve outcomes for consumers and not adopt a ‘set and forget’ mindset.

How many of these characteristics do you demonstrate?

IOT Group to set up blockchain centre in the Australian energy sphere

By Cameron Abbott and Sarah Goegan

Technology company IOT Group announced this week that it has signed an Australian first energy and blockchain deal. In the agreement with Hunter Energy, IOT Blockchain will build a blockchain centre at the Redbank coal-fired power station in the Hunter Valley, two hours north of Sydney.

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Senior English Judge Comments on FinTech

By Jonathan Lawrence

In a recent speech, one of England’s most senior judges explored, in the context of the digital revolution, the culture of and relationship between the UK financial services sector, the UK legal profession, and the judiciary in a changing technological environment. Sir Geoffrey Vos, Chancellor of the High Court, gave the Banking Standards Board Lecture on 20 March.

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Hope for Regulatory Relief on the Horizon? State Regulators to Standardize Licensing Process for Money Transmitters

By Eric A. Love and Judith Rinearson

The Conference of State Bank Supervisors (CSBS) recently announced that seven states, Georgia, Illinois, Kansas, Massachusetts, Tennessee, Texas and Washington, have agreed to a multi-state compact (the Compact) that will standardize certain aspects of the licensing process for money services businesses (MSBs).

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Increasing FinTech regulatory ties between Australia and the UK

By Jim Bulling and Michelle Chasser

Australia and the UK have strengthened their joint support of the FinTech industry by entering into two new arrangements which build on the original FinTech cooperation agreement entered into by the Australian Securities and Investments Commission (ASIC) and the UK Financial Conduct Authority (FCA) in March 2016.

The Australian and UK Governments have entered into the UK-Australia FinTech Bridge which establishes a framework for individual arrangements involving governments, regulators, trade and investment, and business. A number of understandings were agreed to including:

  • investigating options for developing complementarity between the UK and Australian open banking regimes;
  • continuing to develop a set of international standards for blockchain applications; and
  • exploring opportunities to enable quicker processing of licences for firms already licensed in the other jurisdiction.

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UK FCA Lead on Global Sandbox

By Jonathan Lawrence

In a speech to Innovate Finance 2018 on 19 March, Christopher Woolard, Executive Director of Strategy and Competition at the UK Financial Conduct Authority (FCA) talked about the demand from FinTech firms to operate internationally and the FCA working with partners from around the world to consider options for a global sandbox. He said that the potential of such a project is huge – from solving global problems like money laundering to reducing the regulatory burden of compliance. Currently there is no joint sandbox programme with other regulators for firms to participate in. Such a project represents new territory.

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