FinTech & Regulation

FinTech & Regulation

Neil Winward 15/08/2023
FinTech & Regulation

Effective fintech regulation requires a balanced approach that promotes innovation, financial stability, transparency and fair competition.

Fintech holds the promise of revolutionizing financial services through technological innovation.

How To Regulate Fintech

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Over the decades, technology has garnered significant attention in the financial industry. Unfortunately, its benefits have largely favored the industry itself rather than benefiting its customers. Remarkably, the cost of financial intermediation has remained relatively constant for 140 years.

Crafting effective regulation for the fintech industry requires a delicate balance between fostering innovation and ensuring consumer protection, financial stability, and fair competition. Here are key considerations on how to regulate fintech:

  • Understanding Fintech Models: Regulators must thoroughly understand the various fintech business models, technologies, and services being offered. This understanding will enable them to create targeted regulations that address the unique risks and benefits associated with different fintech segments.

  • Risk Assessment: Identify potential risks posed by fintech activities, such as data privacy, cybersecurity, money laundering, fraud, and systemic risks. Develop regulations that mitigate these risks while allowing innovation to thrive.

  • Proportional Regulation: Avoid a one-size-fits-all approach. Different fintech firms have varying sizes and business models, requiring regulation that is proportional to their risks and impact. Tailor requirements based on the scope and complexity of their operations.

  • Innovation Sandboxes: Consider establishing regulatory sandboxes or innovation hubs. These controlled environments allow fintech companies to test their products and services in collaboration with regulators, enabling real-world testing without the full weight of regulatory compliance.

  • Licensing and Registration: Define clear licensing or registration requirements for different fintech activities. Determine when fintech firms should be regulated as financial institutions or subjected to specific licensing frameworks, ensuring that consumer protection remains a priority.

  • Consumer Protection: Mandate transparent communication of terms, fees, and risks to consumers. Ensure that fintech companies adhere to strong customer protection standards, including dispute resolution mechanisms and clear information disclosure.

  • Data Privacy and Security: Develop regulations that safeguard customer data and privacy. Fintech firms must implement robust cybersecurity measures and adhere to data protection standards to prevent breaches and misuse of personal information.

  • Know Your Customer (KYC) and Anti-Money Laundering (AML) Rules: Require fintech companies to adhere to KYC and AML regulations to prevent financial crimes. Use technology to streamline these processes while maintaining stringent compliance standards.

  • Cross-Border Regulations: Coordinate regulations across borders to facilitate international fintech operations. Develop common standards and frameworks to enable interoperability while addressing jurisdictional challenges.

  • Collaboration with Fintech Industry: Involve fintech companies in the regulatory process to gain insights into their operations, challenges, and innovations. Engaging with industry stakeholders can lead to more informed and effective regulations.

  • Regulatory Reporting and Transparency: Set reporting requirements for fintech firms to provide regulators with visibility into their operations, risk exposure, and compliance efforts. This enables regulators to monitor developments and intervene when necessary.

  • Regulatory Agility: Fintech is evolving rapidly, so regulations should be agile and adaptable to keep pace with technological advancements. Develop mechanisms to update regulations quickly to address emerging risks and opportunities.

  • Promoting Competition: Avoid creating regulatory barriers that favor established players over newcomers. Encourage fair competition by enabling new entrants to compete on a level playing field.

  • Education and Awareness: Educate consumers, investors, and stakeholders about fintech products, risks, and benefits. Foster a well-informed environment to help users make sound financial decisions.

Areas For Improvement

In contrast to the considerable productivity gains witnessed in fields like computing and manufacturing, the cost of financial intermediation has remained stagnant at around 2%. This figure, calculated as the ratio of financial industry profits and wages to intermediated financial assets, underscores the lack of significant advancement. Banking, insurance, wealth management, and payments are pivotal areas that require attention.

The Millennial Perspective

The millennial demographic expresses minimal interest in traditional activities such as visiting bank branches or dealing with physical paperwork. This generation seeks seamless experiences accessible through smartphones. A failure to provide such services digitally presents substantial barriers to engagement.

Addressing the Evolution

Prior generations' expectations were molded by the transition from traditional methods to online platforms. Therefore, their expectations often align with their previous experiences, rather than the full potential of digital financial services.

Finding a Better Way

Charles Schwab's impactful advertisement questioned parental expectations of wealth management and suggested refunding fees for poor performance. While the commercial's representation of Schwab's offering might be simplified, the idea of tying fees to performance resonates. The rise of robo-advisors and regulatory shifts toward fiduciary responsibility reflect a shift towards transparency and customer-centered approaches.

Untangling Insurance

The insurance industry is characterized by complexity and hidden fees. Variable annuities, for instance, tout tax advantages but are often laden with high expense ratios. Millennials should avoid such products, as they primarily benefit insurance companies and brokers.

Fintech Solutions: Fintech has reshaped consumer and small business lending through peer-to-peer lending platforms. Payments systems are also undergoing positive disruptions. The transfer of cash among the unbanked is becoming more equitable.

The Role of Regulation

Incorporating emerging fintech businesses into the regulatory framework is crucial. Simplifying regulations for newcomers is often easier than altering the intricate rules governing incumbents. Regulations should ensure secure fund transmission, transparent services, proper risk pricing, and adequate capitalization.

Simplifying Complexity

Over time, complexity has emerged within the sheltered realm of financial services, where regulatory barriers have often benefited the industry itself. To retain their grip on the market, incumbents might seek to acquire fintech disruptors. However, true transformation involves leveraging technology for consumer benefits, not maintaining entry barriers.

What's Next?

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The existing regulatory structure often serves to preserve the status quo and manage conflicts within it. The emergence of fintech has unveiled the inefficiencies within this system. Fintech's value lies in dismantling obfuscation and revealing the need for a more customer-centric, transparent, and accessible financial services landscape.

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Neil Winward

Taxation Guru

Neil is the CEO of Sevara Capital Advisors. He is passionate about solving tax, accounting and regulatory problems for institutions that have invested billions of dollars of capital in multiple jurisdictions. His company provides solutions for banks, insurance companies and hedge funds to tackle their problems related to tax returns, financial statements, accounting and internal finance matters. Neil holds a master’s degree in Law from the University of Cambridge. 

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