UK – Page 9 – FinTech and Blockchain Law Watch

FCA research into the issue of de-risking

Jun 30 2016

In July 2015, the FCA commissioned research into the banking phenomenon known as “de-risking”. De-risking refers to banks removing bank accounts and services from customers or other relationships that they perceive as having higher money laundering (ML) risk. There has been a perception that this process is driven by banks’ concerns about ML and terrorist financing (TF) risks posed by certain types of customer, which have been heightened by large regulatory fines imposed on banks, notably in the United States, for failings in anti-money laundering (AML) processes and breaches of sanctions. The FCA recently published the consultants’ report.

There has been much publicity of the effects of de-risking in the money services business (MSB) and money remittance sector. However, the report shows that the issue affects other businesses as well, including pawnbrokers, fintech companies and charities operating in geographical areas where the perceived ML and TF risk is greater. The report concludes that banks take the issue of de-risking seriously and are mindful of their obligations to treat customers fairly and of the financial inclusion agenda. The banks believe that they are attempting to apply the risk-based approach to financial crime in an even-handed and objective way, given inherent uncertainties about how customers will behave and how regulators and courts will view their own position in relation to misconduct in accounts that they hold. Regardless of the drivers of de-risking, the report confirms that there is no “silver bullet” for the issue. It suggests potential solutions may lie in balancing of costs and risks between banks and high risk sectors and a better developed understanding of how to measure ML and TF risk on a case-by-case basis.

The FCA’s response to the report is to admit that de-risking is a complex issue. It warns that banks should not use AML as an excuse for closing accounts when they are closing them for other reasons. The FCA also warns banks of their obligations under competition law when deciding whether to terminate existing relationships or decline new relationships.

Looking to the future, certain legislation may help some sectors affected by de-risking. From 18 September 2016, the Payment Accounts Regulations (SI 2015/2038) (PARs) will require some banks to offer a payment account with basic features to consumers legally resident in the EU. Also, PSD2 needs to be implemented by 12 January 2018, requiring payment institutions to have access to credit institutions’ payment account services on an objective, non-discriminatory and proportionate basis.

Gamification and financial services

Jun 07 2016

By Jim Bulling and Michelle Chasser

How would you use gamification to enhance the mobile and online experience for banking customers? That is the question Barclays Bank is asking developers during its Launchpad Business Challenge. Challenge applicants will have access to Barclays’ sandbox banking data and APIs to pitch their ideas. The Challenge will run for 3 weeks in June with successful applicants’ products being released on Barclays’ Launchpad platform for customers to explore and test.

Gamification involves applying game design elements and principles in non-game contexts and is used to improve user engagement and learning. A simple example of gamification is using a points based quiz to improve financial literacy.

This is not the first time that Barclays has experimented with gamification. In 2010 it released an interactive virtual city game in which players’ characters experienced the consequences of good and bad money management decisions.

Gamification is also a novel way to present important information to consumers in a way that is more approachable than traditional methods. In 2015 the Australian Securities and Investments Commission (ASIC) published a relief instrument which allows regulated disclosure documents such as Product Disclosure Documents and Financial Services Guides be disclosed in innovative ways. The accompanying good practice guidance issued by ASIC in Regulatory Guide 221 stated that disclosure documents can now incorporate a range of digital features including gamification.

Regulatory Guide 221 can be found here.

Brexit: the effect on UK FinTech

Jun 07 2016

By Jonathan Lawrence

On 23 June 2016, the United Kingdom will hold a referendum about whether to remain in or leave the European Union. A British exit from the EU has been labelled a “Brexit”.

A recent Financial News poll has showed that the UK FinTech sector is substantially in favour of staying. Financial News surveyed 118 FinTech professionals to gauge their opinion.

More than two-thirds said Brexit would be detrimental to UK FinTech. However, nearly 18% believe it is still unclear what the long-term impact would be. The remaining 13% think UK FinTech would benefit from a decision to leave the European Union.

Often tech talent is sourced from countries such as Bulgaria, Estonia, Hungary, Romania and Slovenia. The ability to access talent was a major concern of some business people interviewed. The other key potential issue is regulation. There’s a circular debate over whether there would be lighter regulation after the UK left the EU, or whether it would be forced to stay in line with the rest of Europe as a price for continued market access. One theory is that the European market – already smaller than the US – would, in effect, be divided in two. US FinTech firms already have the advantage of addressing a bigger market – partitioning Europe would make this advantage greater still.

More than 84% of those who said Brexit would harm UK FinTech said it would make London less attractive for foreign FinTech companies as a location for their European HQ. However, the largest share believes London would maintain its dominance as a FinTech hub. Asked which European cities would most threaten London, 28% answered “none”, closely followed by Berlin, 25%. Frankfurt came third with 15%.

On the other hand, some 13% said the sector would be better off and 18% were undecided. Of those who believe UK FinTech would benefit, 63% thought it would free up resources that could be reinvested in innovation. Some 58% said Brexit would make it easier for FinTech companies to do business with clients in non-EU countries.

New “FinTech Bridge” between UK and Singaporean FinTech companies and investors

May 17 2016

By Jonathan Lawrence

The UK Government has announced a new “FinTech Bridge” to help UK FinTech firms and investors access the Asian market and expand to Singapore, as well as attracting Singaporean FinTech companies and investors to the UK.

The launch on 11 May 2016 included the signing of a regulatory cooperation agreement between the Financial Conduct Authority (“FCA”) and the Monetary Authority of Singapore (“MAS”). The agreement will enable the regulators to refer FinTech firms to their counterparts across the globe. It also sets out how the regulators plan to share and use information on financial services innovation in their respective markets.

FinTech start-ups to play in the FCA Sandbox

May 05 2016

By Jonathan Lawrence

The UK Financial Conduct Authority (FCA) recently released its 2016 Business Plan. Possibly the most eye-catching initiative is the regulatory sandbox. The sandbox has been formed to provide a safe environment for businesses to test their products. For new entrants to the financial services market, the intention is that unauthorised businesses can use the sandbox to test products, services, business models and delivery without first needing to meet all of the normal regulatory requirements and incurring the costs of putting in place the complex structures and processes to successfully apply for regulatory authorisation. These firms will be granted limited authorisation for testing purposes. The FCA has suggested a number of safety measures for consumers ranging from informed consent through to the businesses in the sandbox providing a meaningful indemnity for losses. Furthermore, the FCA will apply discretion in determining both the level of limited authorisation and the safety measures on a case-by-case basis rather than forcing a one-size-fits-all model.

Firms and businesses interested in utilising the sandbox must satisfy specified criteria and apply for the first cohort between 9 May and 8 July 2016. The second cohort will have an application deadline of mid-January 2017. The sandbox will not be available for activities which fall outside of the Financial Services and Markets Act 2000. For example, payment service providers and e-money issuers already potentially benefit from the lighter touch regimes in the Payment Services Regulations and the Electronic Money Regulations. Accessing the sandbox is not straightforward, and businesses will need to give careful consideration as to whether they might qualify. The success of the sandbox is in part dependent on the quality of applicant. If businesses do their bit and if the FCA continues the trend of assisting disruptors where it can then the sandbox could fulfil the initial optimism around the initiative.

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.

Latest UK Government announcements on FinTech

May 04 2016

By Jonathan Lawrence

On 11 April 2016, the UK Government Economic Secretary, Harriett Baldwin, spoke about FinTech at Innovate Finance’s Global Summit. She talked about the UK as the global capital for FinTech and how the UK FinTech sector generated £6.6 billion (US$9.5 billion) revenue in 2015 with a workforce of over 60,000 employees. She made several announcements about UK FinTech initiatives:

The creation of an industry-led FinTech panel, working with key representatives of the FinTech community. The panel will oversee the overarching strategy for FinTech in the UK and ensure the delivery of key initiatives. A particular goal is the implementation of an open banking standard – to allow innovators to use bank data to provide a range of value-added services to consumers.
The Tech Nation Visa Scheme was enhanced in October 2015 to include new qualifying criteria for digital experts. This will allow for a wider range of FinTech specialists to obtain a visa to work in the UK.
The building of an information hub that makes it easier for FinTechs to navigate through the range of service providers including in relation to legal and accountancy services.
The UK Treasury will work with UK Trade and Investment (“UKTI”) to establish “FinTech bridges” with priority export markets. UKTI is a Government department working with businesses based in the UK to assist their success in international markets, and with overseas investors looking to the UK as an investment destination. These “bridges” will help UK FinTech firms expand internationally, as well as attracting international FinTech companies and investors to the UK.

For the text of the full speech, please click here.

UK Government opens consultation on draft innovation plan for financial services

Apr 29 2016

By Jonathan Lawrence

According to the UK Treasury’s recently released draft innovation plan for financial services, the Financial Conduct Authority (“FCA”) “intends to broaden engagement with large incumbent institutions”. “To facilitate increased dialogue the FCA plans to proactively engage with large incumbents to ensure their potential for consumer-friendly innovation is not being held back by regulatory considerations,” the Treasury said. “In particular, it will seek out opportunities to pilot research on new initiatives.” The regulator is recognising that innovation does not just happen within the start-up environment and that it is within its power to support a broader appetite among the traditional players in the market to use the latest technology to innovate, whether on their own or in collaboration with others.

In March 2016 the FCA and Australia’s Securities and Investments Commission (“ASIC”) signed a deal to make it easier for financial technology firms based in each country to win authorisations to operate in the other country. The Treasury said the FCA can help “put UK-based innovators in touch with the right regulators when they look to start doing business in other regulatory jurisdictions” and is “ready to help non-UK innovators interested in entering the UK market”. The FCA wants to put more “co-operation agreements” in place “with key regulators”, the Treasury said.

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.

EU Fintech developments

Apr 19 2016

By Jacob Ghanty

In the linked article, Jacob Ghanty discusses some UK and EU regulatory developments affecting the FinTech sector. This article was first published on Thomson Reuters Regulatory Intelligence on 1 April 2016.

Tag:UK