Category:FinTech Industry & Regulation

1
RegTech and AML: New UK Report
2
All in this together: New FinTech partnership in Abu Dhabi
3
European Banking Authority publishes FinTech discussion paper
4
Bitcoin thieves abound, but Law Enforcement is getting smart and stepping up
5
Lord Chief Justice of England and Wales gives thoughts on development of law for digital businesses
6
OCC Acting Comptroller Noreika’s Recent Remarks on FinTech Charter
7
U.S. SEC issues report on digital currencies and related autonomous organizations
8
Australia stepping closer to open banking
9
Bank of England FinTech Accelerator Proofs of Concept
10
Surging Adoption Levels of FinTech Services

RegTech and AML: New UK Report

By Jonathan Lawrence

The UK Financial Conduct Authority (FCA) published a report on 2 August entitled “’New Technologies and Anti-Money Laundering Compliance”.  The report details findings of three months of research by the authors PA Consulting. The work included over 40 interviews with regulated firms, technology providers, and other bodies. The report sets out respondents’ views on topics such as:

  • What are the key functions of new and emerging technologies related to anti-money laundering (AML) compliance, and how can they aid compliance activities?
  • What challenges do firms face in introducing new technologies?
  • What good practice examples and lessons are available for firms considering new compliance technologies?
  • What steps could the FCA take to encourage more innovation in AML compliance?

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All in this together: New FinTech partnership in Abu Dhabi

By Jonathan Lawrence

On 7 August, Abu Dhabi Global Market (ADGM), the International Financial Centre (IFC) in Abu Dhabi, and the Responsible Finance & Investment Foundation (RFI), a think tank for responsible finance, announced their entry into a partnership to help the growth and sustainability of the FinTech ecosystem through financial inclusion and ethical and responsible finance practices.

Both parties said that they would like to encourage entrepreneurship, foster ethical and responsible investments, and highlight opportunities for Islamic-compliant FinTech services and Islamic finance activities for the region and beyond. They will highlight emerging FinTech trends and support the development of innovative Shari’ah-compliant FinTech companies seeking to participate in the Middle East and African markets. The collaboration establishes an open platform for both RFI and ADGM to share expertise and knowledge and they say they will also work closely to enable and assist investors, FinTech entrepreneurs and innovation firms in testing and introducing innovative products, services and solutions. This will take place in the environment of the ADGM Reglab programme, a regulatory laboratory to accelerate FinTech Innovation.

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European Banking Authority publishes FinTech discussion paper

By Rizwan Qayyum

On 4 August 2017, the European Banking Authority (EBA) published a discussion paper on its approach to FinTech. To enable a better understanding and insight into the financial services offered and financial innovations being applied by FinTech firms within the European Union, the EBA undertook a FinTech mapping exercise. The EBA received responses from 22 Member States and two European Economic Area (EEA) states, and the discussion paper outlines the results of its EU-wide mapping exercise, the main financial services provided, regulatory status and proposals on future work on FinTech.

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Bitcoin thieves abound, but Law Enforcement is getting smart and stepping up

By Clifford Histed and Nicole Mueller

According to a federal criminal complaint filed last month in Philadelphia, Theodore Price admitted that he had written software capable of stealing millions of dollars in bitcoins from individual bitcoin wallets.  He allegedly admitted to purchasing the software on a dark net market and recoding it to infiltrate e-mail accounts with bitcoin wallets.  Price also allegedly admitted that he had a fake passport in the name of the actor Jeremy Renner, and that Price had prepared to flee the U.S. on a private jet to evade arrest.  Price is now in federal custody, charged with access device fraud and identity theft.

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Lord Chief Justice of England and Wales gives thoughts on development of law for digital businesses

By Jonathan Lawrence

In a recent speech, the most senior judge in England and Wales has spoken about the need to keep English law up to date so that it remains the law of choice for digital ways of doing business. The Lord Chief Justice of England and Wales, Lord Thomas of Cwmgiedd, said that some issues could be left to the judges to develop law in the traditional manner, but that this may not be possible for everything that the digital economy can produce. Amongst his thoughts:

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OCC Acting Comptroller Noreika’s Recent Remarks on FinTech Charter

By Yuki SakoPeter Nelson and Elizabeth Nelli

On July 19, 2017, the US Office of the Comptroller of the Currency (OCC) Acting Comptroller Noreika stated that special-purpose national bank charter is a “good idea that deserves thorough analysis and careful consideration.” He thinks that, despite the pending lawsuits filed by state bank regulators to challenge, the OCC has the authority to grant national bank charters to fintech companies in appropriate circumstances.

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U.S. SEC issues report on digital currencies and related autonomous organizations

By C. Todd Gibson and Evan Glover

On July 25th the United States Securities and Exchange Commission (“SEC”) released a report to put the market on notice that offers and sales of digital assets are subject to the requirements of the federal securities laws.

The report is a result of an investigation of a German created entity called The DAO (Decentralized Autonomous Organization), which is a virtual organization that exists within computer code and is executed on a blockchain or decentralized ledger.  The DAO sold DAO Tokens, which had characteristics similar to stock (e.g. certain ownership and voting rights), with the intent to raise funds to finance various projects.  The DAO Tokens were purchased using a digital currency and could be monetized by re-selling the token on a web-based platform that supported a secondary market.  The DAO engaged in these offers and sales in the U.S. despite not registering with the SEC.

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Australia stepping closer to open banking

By Jim Bulling and Michelle Chasser

The Australian Treasury has announced an independent review into open banking in Australia. Open banking will require banks to share product and customer data with customers and third parties with the consent of the customer. The Government previously announced that the open banking regime would be introduced in 2018 to help customers seek more suitable products and increase competition.

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Bank of England FinTech Accelerator Proofs of Concept

By Jonathan Lawrence and Judith Rinearson

On July 10, 2017, the Bank of England (the “Bank”) published summaries of their third round of Proofs of Concept (“PoC”), completed by its FinTech Accelerator.

The FinTech Accelerator was established in 2016, and works in partnership with firms to understand the new technology they may be working with and how FinTech innovations could be utilised within central banking. These PoC provide valuable understanding in respect of FinTech trends and support to its continued development by providing a platform for those firms to demonstrate their solutions for real issues and knowledge from BoE experts.

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Surging Adoption Levels of FinTech Services

By Cameron Abbott and Ling Zhu

No great surprises arising from the EY FinTech Adoption Index 2017 which has revealed impressive growth in consumer uptake of FinTech products and services, with 33% of 22,000 digitally active consumers using FinTech firms – doubling from 16% in 2015. With less brand loyalty and reduced trust in traditional organisations, consumers are increasingly turning to FinTech firms as better alternatives.

Money transfer and payment services are the most popular FinTech category, with 50% of consumers using these services. This has been driven by the increasing popularity of mobile phone payments and online digital-only banks. Insurance is the second most popular service, with insurance premium comparative services simplifying the process of acquiring insurance.

FinTech has particularly excelled in emerging markets, with an adoption by digitally active consumers across China, India, South Africa, Brazil and Mexico averaging 46%. The growing middle class have embraced FinTech to meet the growing demand for financial services, encouraged by cooperative regulators and policymakers.

EY anticipates that FinTech adoption will increase to 52% globally as consumers become more aware of the products and services on offer.

Read the full report here.

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