By Cameron Abbott and Harry Crawford
With 2017 at a close, US banks have set out their 2018 FinTech new year resolutions. According to American Banker, US banks are likely to focus their FinTech investment in 4 major areas in 2018:
By Jim Bulling, Michelle Chasser and Edwin Tan
The Australian Securities & Investments Commission (ASIC) released a consultation paper on 12 December 2017 seeking feedback on its fintech licensing exemption, also known as the regulatory sandbox. Following comment, ASIC will review whether the exemption is operating as intended, and consider whether it should be broadened or changed in any other way.
The licensing exemption allows eligible businesses to provide certain financial products and services for up to 12 months without a valid Australian Financial Services or credit licence. Contrary to the strategy of the UK Financial Conduct Authority, ASIC does not take an active approach in selecting applicants and negotiating individual terms for each entity using the exemption.
By Jim Bulling, Michelle Chasser and Edwin Tan
The Australian Securities & Investments Commission (ASIC) has announced a new Cooperation Agreement with the Canadian Securities Administrators (CSA), a year after entering into a similar agreement with the Ontario Securities Commission. The CSA is made up of the following Canadian regulators:
The UK Treasury recently published its Investment Management Strategy II Report. Building on its 2013 strategy report ‒ which mainly focused on how to improve the UK as a fund domicile ‒ this report sets out the UK government’s strategy to build upon the success of the UK’s investment management industry in the long-term.
One chapter is devoted to FinTech. The government is keen to see FinTech and asset management firms utilising the Financial Conduct Authority’s (FCA) Project Innovate, engaging early with the regulator to gain tailored regulatory support and test innovative products in a safe place. It also encourages the sector to take advantage of the FinTech bridges established between the UK to its global partners. Since 2015, the government has established four ‘FinTech Bridges’ – with Singapore, the Republic of Korea, China and Hong Kong. FinTech Bridges provide opportunities for firms to scale up their UK FinTech innovations, internationally. By establishing links between government, regulators and private sectors, FinTech bridges reduce the barriers to entry in a new jurisdiction and link UK FinTech firms to international investment opportunities. The UK’s FinTech Bridges all contain regulatory co-operation agreements negotiated between the FCA and their regulatory counterparts.
On 5 December, the UK Financial Conduct Authority (FCA) announced the firms that were successful in their applications to begin testing in the third cohort of the FCA’s regulatory sandbox. The sandbox allows firms to test innovative products, services or business models in a live market environment. The sandbox was a first for regulators worldwide. Since it opened, the sandbox has supported almost 70 firms in testing innovative products and services. The FCA is seeing more applicants from outside London and a broader range of firms. The FCA has also opened the application window for its fourth sandbox cohort.
The Bank of England (BofE) published its 2017 UK bank stress test results on 28 November. The BofE found that incumbent institutions are probably underestimating the impact that increased FinTech competition could have on their profitability:
By Jim Bulling, Michelle Chasser and Edwin Tan
The Australian Securities & Investments Commission (ASIC) has announced changes to its service charter standard for processing licence applications effective immediately. Under the updated standard, ASIC will decide 70% of licence applications within 150 days, and 90% of applications within 240 days. The previous timeframes were 60 days and 120 days respectively. ASIC has attributed this increase to an increasingly robust and risk-based approach to its assessment of licence applications.
In addition, a new fees-for-service regime will commence on 1 July 2018. It will apply to document compliance reviews, licence applications or variations, applications for registration, requests for changes to market integrity rules or procedures and applications for relief. There will be fee increases across the board for lodging ASIC forms, with the exception of certain registry activities which will now be exempt from payment of fees.
By Vanessa Spiro and Susan Altman
Loan market participants may soon be able to use blockchain technology and tokenized cash to achieve swifter settlement of loan trades. Both Synaps Loans and Finastra plan to introduce new blockchain-based platforms next year. They join the platform created by ClearPar and HIS Markit, which plans to reduce or eliminate wire transfers by promoting tokens that can ultimately be exchanged for cash.
The main objective of the technology is to reduce settlement time. Long settlement times result in costly use of capital and render the market less liquid in the eyes of regulators. The time between the agreement on material terms of the trade and the trade settlement date for syndicated loans is much longer–the median recently was 12 days- than that for other asset classes, such as equities. Several processes, such as implementation of the “delayed compensation” rules to incentivize quick settlement, have attempted to reduce settlement time. However, market protocol requires an exchange of finalized assignment documents among buyer, seller and agent bank, collection of “know-your-customer” information by agent bank, borrower consent, receipt of underlying loan documentation, agent bank verification of loan ownership and transfer of ownership on the loan registry. Even under the best circumstances there are inadvertent delays, including those caused by blackout dates for amendments and absences by workers processing requests.
The UK Chancellor of the Exchequer, Philip Hammond, included three measures in his 2017 Autumn Budget on 22 November of interest to the FinTech industry:
Ahead of the Money20/20 Asia conference in March 2018, Money20/20 Asia is partnering with FinTech Australia to showcase the latest FinTech insights of 2017 through a series of Australian Roadshows.
K&L Gates is pleased to be involved with Jim Bulling, Partner, and Daniel Knight, Senior Associate, as panellists at the Sydney and Melbourne Roadshows, respectively.
In Sydney, Jim and his fellow panellists will discuss ‘Data Protection Beyond Identity’, while in Melbourne, Daniel will be part of a panel discussion on ‘The Rise And Fall of Faster Payments Infrastructure’.
Details for each Roadshow can be found below along with registration links for the free events. We hope to see our fellow FinTech enthusiasts there!
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