Marketplace Lending – Page 4 – FinTech and Blockchain Law Watch

Future of Fintech Regulations in the US

May 20 2016

By Charles Carter and Anthony (Tony) Yerry (ed. Cameron Abbott and Giles Whittaker)

Investment in financial technology (fintech) companies has surpassed US$24 billion worldwide since 2010, which consequently emphasises the importance of the relationship between fintech companies and regulators as they attempt to establish a culture of compliance while not stifling innovation.

As suggested by the industry experts according to The Wall Street Journal, the Office of the Comptroller of the Currency (OCC) may be the best federal agency to regulate fintech companies in the US. On March 31 the OCC during a speech at Harvard University on the innovation of the fintech industry released a white paper which attempts to launch formal discussions between regulators and the industry.

For more information and analysis of the OCC white paper please see K&L Gates’ e-alert here.

CFPB Takes Aim at Marketplace Lenders

May 16 2016

By David Christensen

Last Fall, in its 2015 Rulemaking Agenda, the Consumer Financial Protection Bureau (“CFPB”) signaled its intent to “to develop rules to define larger participants in markets for consumer installment loans.”[1] Under the Dodd-Frank Act, the CFPB is authorized to issue “larger participant” rules to define entities in a particular market for consumer financial products or services. The issuance of such rules opens the door for supervisory and examination authority over such entities. Fast forward to Spring 2016, when the CFPB announced that it is accepting complaints from consumers regarding alleged problems with online marketplace loans, and it appears that the CFPB has marketplace lenders squarely in its sights.[2]

Treasury releases white paper on marketplace lending

May 12 2016

By Sean P. Mahoney

On May 10, 2016, the US Treasury issued its much anticipated white paper on marketplace lending. The whitepaper follows Treasury’s July 2015 request for information. The white paper highlighted some keys risks and made six concrete recommendations for future action.

More specifically, the white paper noted that the use of sophisticated data-driven algorithms may result in unexpected correlations that could result in disparate impacts and give rise to fair lending violations. The use of data outside of regulated credit reports also creates the risk that borrowers may have no redress if information used as a basis for an underwriting decision proves inaccurate. Treasury made it a point to note, however, that marketplace lenders that partner with banks may be subject to regulation and examination by prudential bank regulators under the US Bank Service Company Act.

FinTech: a key to delivering Islamic Finance solutions?

May 04 2016

By Jessica Gaddes

Recent discussions at the Islamic Finance News Europe Forum, Luxembourg, focused on the potential for FinTech to become a new frontier for Islamic Finance. Digitalisation was said to be the key innovation that may be able to drive increasing adoption of Islamic Finance products.

Developments using FinTech in Malaysia have created a platform – using the foundations of crowd funding – to allow the top Malay Islamic banks to assess and rate projects and then use the platform to seek funding for those projects assessed to be suitable for financing. This works within the Shariah principles of risk sharing.

The Cambridge Centre for Alternative Finance: research results and new survey

May 04 2016

By Jonathan Lawrence

The Cambridge Centre for Alternative Finance (“CCAF”) within the Cambridge University Judge Business School is an international interdisciplinary academic research institute dedicated to the study of alternative finance. The CCAF aims to have high impact on academic thought leadership, policy decision-making and business practice globally.

To carry out its research agenda, the CCAF aims to continue developing and hosting the largest and most comprehensive database on alternative finance in the world, for use and analysis by academic and policy researchers. The CCAF database comprises more than one million granular-level alternative finance transactional data totalling £1bn.

The CCAF has recently launched its 2nd Annual European Alternative Finance Industry Survey. The resulting study will build upon the previous European Alternative Finance Industry Report, Moving Mainstream. The University of Cambridge has also led a global benchmarking initiative, culminating in the publication of their third annual UK Alternative Finance Industry Report: Pushing Boundaries, and the publication of two additional new annual reports on the Asia-Pacific region and the Americas.

Focusing on crowdfunding, peer-to-peer lending and other forms of alternative finance, this new tracking Survey aims to gather aggregate-level industrial data only. The survey consists of 15 questions and should take no more than 15 minutes to complete. Findings from the tracking survey will provide headline industrial figures for the CCAF’s Annual European Alternative Finance Industry Report, which is due to be published in June 2016. To take part in the Survey, please click here.

Asia Region Funds Passport memorandum signed

May 02 2016

By Jim Bulling and Michelle Chasser

After 6 years of international negotiation, Australia has signed the Asia Region Funds Passport’s Memorandum of Cooperation with Japan, South Korea and New Zealand. Other countries which have been involved in the negotiations but are yet to sign include Singapore, Thailand and the Philippines.

The Passport facilitates the cross border offering of eligible collective investment schemes in participating countries. Australian Minister for Small Business and Assistant Treasurer, Kelly O’Dwyer, said “The Passport will create a single market for managed funds encompassing economies across the region”.

FinTech businesses which utilise managed funds, such as marketplace lenders and some robo-advisers, and are regulated in a participating country may be able to use the Passport to offer managed funds in other participating countries without needing to go through local licensing and registration processes.

The Memorandum of Cooperation comes into effect on 30 June 2016 and can be found here.

New “PropTech” business models in the UK commercial real estate market

Apr 29 2016

By Matthew Gibbon and Lucy Haworth

A round table discussion held by the Centre for the Study of Financial Innovation in London on 26 April 2016 featured presentations from new online marketplace platforms offering opportunities in the UK commercial real estate (“CRE”) sector:

Landbay, a peer-to-peer lending service for portfolio landlords of residential buy-to-let mortgages;
LendInvest, a provider of CRE bridging loans, funded by a combination of institutional investors and an online marketplace platform; and
Proplend, a peer-to-peer lending platform offering a CRE syndicated loan model for retail investors.

The consensus of the panel was that these platforms were providing a means by which retail investors could directly invest in an asset class previously unavailable to them, leading to increased access to indirect ownership and investment in the UK property market – accessing real estate by means of financial instruments. In addition, technology is increasingly being used to streamline pricing and the administrative process; investors lending through Proplend, for example, sign up to standardised terms and conditions designed to reduce the administrative burden and speed up the lending process.

Japan Aims to Facilitate Banking Institutions to Invest in Bank-Related FinTech Companies

Apr 21 2016

By Yuki Sako

On March 4, 2016, the Cabinet of Japan approved and submitted to the Diet an amendment bill to the Banking Act of Japan that would enable banks and bank holding companies to acquire more than the permitted holding of nonbank interests (5% (banks) or 15% (bank holding companies)) of certain nonbank companies whose businesses involve innovative technologies that can be applied in banking business. Under the amendment bill, banking institutions are, with approval of the Financial Services of Agency of Japan (FSA), permitted to acquire and hold a controlling interest in various FinTech companies that would provide innovative technologies to advance banks’ operations or benefit bank customers. When proposing the amendment bill, the FSA explained that the amendment bill aims to facilitate banking institutions to invest in bank-related innovative technologies, IT technologies in particular.

The amendment bill is expected to pass the Diet during the current Diet session and to come into force within 1 year after the promulgation.

Text of the amendment bill can be found here (only in Japanese).

China’s FinTech industry growth due in part to accommodative regulations

Apr 14 2016

By Jim Bulling and Michelle Chasser

China’s biggest FinTech companies now have a similar number of clients as the country’s top banks, according to a report on digital disruption by Citi. China’s fintech industry has been growing rapidly over the past decade and is dominated by the largest payments and peer 2 peer lending markets in the world. According to Citi, 4 elements have led to the industry’s growth:

high internet and mobile device penetration in the market;
a large e-commerce system with companies focused on payments;
relatively unsophisticated incumbent consumer banks; and
accommodative regulations.

Marketplace lending how-to from the Australian regulator

Mar 30 2016

By Daniel Knight

The Australian Securities and Investments Commission (ASIC) has released guidance for marketplace lenders navigating Australia’s existing dual licensing regimes for credit and financial products. While the guidance is helpful, it does not overcome the need for marketplace lenders, like other fintech innovators, to contort themselves into existing regulatory boxes.

ASIC’s Information Sheet 213 focuses on establishing a marketplace lending platform using Australia’s managed investment scheme regime, by far the most popular Australian structure where a trust is interposed between borrowers and lenders. This regime was designed for pooled collective investment vehicles, such as traditional managed funds, and is not well adapted to pure peer-to-peer lending. Individual regulatory relief is often needed to overcome these challenges – for example, to facilitate investor withdrawals – and the Information Sheet helpfully outlines the relief ASIC has previously given to industry players.

Category:Marketplace Lending