FinTech Industry & Regulation – Page 18 – FinTech and Blockchain Law Watch

Bank of England Stress Tests Reveal FinTech Competition

Dec 04 2017

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:

Diminishing revenue from overdraft products. Currently, unarranged overdraft fees are one of the biggest contributors to UK banks’ annual pre-tax profits. FinTechs, like personal financial management services, should help people better manage their money to avoid becoming overdrawn, and aggregation platforms will increasingly redirect customers to cheaper credit options, diminishing their need for overdraft facilities and reducing banks’ returns on such products. Banks may be doubly hit if the UK Financial Conduct Authority decides to impose a strict price cap on the overdraft fees banks can charge customers.

ASIC Changes to Licence Processing Timelines and Fee Regime

Nov 30 2017

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.

New Technology Targeting U.S. Loan Market in Attempt to Increase Liquidity

Nov 28 2017

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.

UK Government Measures for FinTech – Autumn 2017 Budget

Nov 28 2017

By Jonathan Lawrence

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:

Regulators’ Pioneer Fund: The aim is to help unlock the potential of emerging technologies. The new £10 million fund is designed to help regulators to develop innovative approaches aimed at getting new products and services to market.
Tech Nation: To secure the position of the UK in digital innovation, the Government will invest £21 million over the next 4 years to expand Tech City UK’s reach – to become ‘Tech Nation’ – and support regional tech companies and start-ups. Tech Nation will roll out a dedicated sector programme for leading UK tech specialisms, including FinTech and Artificial Intelligence. Regional hubs will be located in: Cambridge, Bristol and Bath, Manchester, Newcastle, Leeds and Sheffield, Reading, Birmingham, Edinburgh and Glasgow, Belfast, and Cardiff.
AI: The government plans to create a new Centre for Data Ethics and Innovation, to enable safe, ethical, and ground-breaking innovation in AI and data-driven technologies. This advisory body is designed to work with the Government, regulators, and industry to help lay the foundations for AI adoption. The Government will also invest over £75 million to progress key recommendations of the independent review on AI, create new AI fellowships, and provide initial funding for 450 PhD researchers.

Meet us at the Money20/20 Asia Roadshows in Sydney and Melbourne

Nov 16 2017

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!

FCA’s New Consumer Consultation

Nov 13 2017

By Jonathan Lawrence

The UK Financial Conduct Authority (FCA) has launched a new consultation entitled Our Future Approach to Consumers. In the accompanying paper, the FCA recognises that FinTech is bringing new firms into the market and developing far more efficient ways for consumers to save, borrow and invest. The FCA must strike a balance between promoting better outcomes for consumers while not compromising on consumer protection or the standards expected from firms. The FCA also need to set frameworks that ensure markets work well. An example is the New Bank Start-up Unit, run jointly by the Prudential Regulation Authority (PRA) and the FCA. This Unit provides new banks with the information and materials they need to navigate the process of becoming a bank, and tailored supervisory resource during the early years post-authorisation. Since its launch in January 2016, the Unit has helped ten applicants gain authorisation with a range of products, from mobile-only and technology-driven to a new clearing bank, and many new banks have been authorised.

IMF Views on FinTech

Nov 13 2017

By Jonathan Lawrence

In a speech in New York on 1 November, Dong He, Deputy Director, Monetary and Capital Markets Department at the International Monetary Fund (IMF) talked about three main themes:

the economic framework on how FinTech applications will affect financial services and the market structure;
the current landscape of cross-border payments, and the possible evolution of cross-border payment systems; and
the role of central banks, themselves, and the possible reasons for them to issue their own digital currencies.

Mr He’s speech was based on two IMF staff discussion notes, Virtual Currencies and Beyond: Initial Considerations and Fintech and Financial Services: Initial Considerations.

Initial Coin Offerings: Key Considerations You Absolutely, Positively Need to Know About Before Launching an ICO

Nov 08 2017

By Edward Dartley, Anthony R.G. Nolan, Mary Burke Baker, John ReVeal and Amanda M. Katlowitz

Initial Coin Offerings (ICOs) have rapidly emerged as the hottest trend in FinTech financing, albeit one that is not without controversy. Put simply, an ICO is a method of fundraising somewhat akin to an initial public offering of securities, except that in an ICO, the fundraiser uses blockchain technology to issue customized cryptocurrencies (commonly known as coins or tokens), typically in exchange for other established cryptocurrencies such as Bitcoin and Ether. The proceeds of an ICO can provide kick-start funding to develop the technology and platforms for the token holder’s access. An ICO that is properly conceived and structured can provide relatively easy transferability of tokens and the potential for those tokens to be traded on exchanges or resold and converted to government-issued legal tender, also known as fiat currency.

The dramatic rise in value of Bitcoin, Ether, and other cryptocurrencies in recent months has generated great interest in this new form of financing, with new players entering the market literally every day and raising millions in new financing in very short offering times. At the same time, ICOs raise a myriad of complex legal issues in the United States and around the world.

To read more, click here.

Australian Government releases proposal for new and improved sandbox

Nov 01 2017

By Michelle Chasser and Felix Charlesworth

On 24 October 2017, the Federal Government released draft legislation and regulations (Draft Bill) enhancing the existing regulatory sandbox for current and emerging FinTech products and services.

This comes almost one year after the Australian Securities and Investments Commission (ASIC) established a sandbox which granted particular exemptions to FinTech businesses from obtaining an Australian Financial Services Licence (AFSL) and/ or an Australian Credit Licence (ACL) if certain conditions were met.

As projected in the 2017/2017 Federal Budget, the enhanced sandbox will expand the types of permissible activities and testing timeframe beyond the existing sandbox parameters established by ASIC. The purpose of this enhanced sandbox is to further promote Australia’s FinTech capability by supporting start-ups and innovative businesses to develop, test and launch their financial and credit services.

Wall Street banks face threat from Silicon Valley: McKinsey

Oct 31 2017

By Rick Giovannelli

Last week McKinsey published its 2017 Global Banking Annual Review, which is summarized in this Business Insider article. The headline on that article is the title of this post and is both accurate and an understatement of the risks of technological and relationship disruption facing banks. This was a major topic of conversation at last week’s Money 20/20 conference, of which K&L Gates was a sponsor and which drew more than 10,000 attendees.

Category:FinTech Industry & Regulation