Category:FinTech Industry & Regulation

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UK Government Measures for FinTech – Autumn 2017 Budget
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Meet us at the Money20/20 Asia Roadshows in Sydney and Melbourne
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FCA’s New Consumer Consultation
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IMF Views on FinTech
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Initial Coin Offerings: Key Considerations You Absolutely, Positively Need to Know About Before Launching an ICO
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Australian Government releases proposal for new and improved sandbox
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Wall Street banks face threat from Silicon Valley: McKinsey
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K&L Gates Becomes One of First Major Law Firms to Implement Own Private Blockchain
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Next FinTech Steps in Bahrain
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ASIC provides responses to industry feedback on its current and future approaches to RegTech

UK Government Measures for FinTech – Autumn 2017 Budget

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

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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FCA’s New Consumer Consultation

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.

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IMF Views on FinTech

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

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

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.

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Wall Street banks face threat from Silicon Valley: McKinsey

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.

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K&L Gates Becomes One of First Major Law Firms to Implement Own Private Blockchain

Contact: Jeffrey J. Berardi

K&L Gates has undertaken plans to establish an internal, private and permissioned blockchain to assist in the exploration, creation, and implementation of smart contracts and other technology applications for future client use.

“We are hearing from our lawyers globally who are excited about getting hands-on experience working with blockchain applications,” commented K&L Gates Global Managing Partner James Segerdahl. “By investing in this technology that is expected to significantly impact the practice of law, K&L Gates is committed to finding practical and timely solutions that benefit both our clients and the firm.”

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Next FinTech Steps in Bahrain

By Jonathan Lawrence

The Central Bank of Bahrain (CBB) has announced the creation of a FinTech Unit. The aim of the Unit is to ensure the services are provided to individual and corporate customers in the FinTech sector. The announcement follows the CBB’s recent initiatives, which include a Regulatory Sandbox (which four companies have entered to date), in addition to the issuance of crowdfunding regulations for both conventional and Sharia compliant services.

The proposed Fintech Unit will be responsible for the approval process to participate in the Regulatory Sandbox, supervision of licensed companies’ activities and operations, including cloud computing, payment and settlement systems, and monitoring technical and regulatory developments in the FinTech field.

ASIC provides responses to industry feedback on its current and future approaches to RegTech

By Michelle Chasser and Felix Charlesworth

On 15 September 2017, ASIC released its responses to industry feedback on its consultation Report 523 (REP 523). As mentioned in an earlier blog, REP 523 sets out the structure and framework for ASIC’s ‘Innovation Hub’ as well as its current and future approach to regulatory technology (RegTech).

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