New regulations for peer-to-peer lending in Thailand are scheduled for approval by the end of the year; the new regulations will be formulated from an open comment, public hearing which ended on October 15; a licensing process is also expected to follow in 2017. Source
The Federal Council of Switzerland is seeking to make the regulatory framework more flexible for fintech companies; they have instructed the Federal Department of Finance to devise a policy statement setting such a direction; recommendations to be considered include: (a) setting a maximum of 60 days for holding money in a settlement account, which will make settlements better aligned with crowdfunding project funding deadlines, (b) creating of an innovation sandbox in which a platform can accept funds up to CHF 1 million, and (c) establishing a new fintech license, with fewer restrictions than on traditional banks. Source
Preserving singleness of money as stablecoins are introduced are just one of the challenges UK regulators will face in ongoing regulation.
A new report by NextGen Crowdfunding documents increasing use of Reg. A+ as the regulatory umbrella for real estate crowdfunding and other financial offerings; Reg. A+ was finalized in June 2015 as a means for non-accredited investors to access private offerings; companies can raise up to $50 million per year under Reg. A+; across all sectors, 131 companies to date have filed under Reg. A+, with 38% of these filings being by real estate and financial services platforms and many others being IT startups; roughly half of the filers are using "Tier 1" rules for Reg. A+, meaning they will continue to register in individual states as well as at the federal level, and half are filing "Tier 2", seeking national fundraising scope while avoiding the added prudence of vetting against state rules. Source
PeerIQ's weekly newsletter provides insight from a week in Washington, D.C. beginning with the SEC's Fintech Forum on Monday, November 14; Ram Ahluwalia participated as a panelist providing an industry perspective on the "Capital Formation" panel; newsletter also provides details on potential terms from the OCC in their fintech charter and highlights three bills affecting fintech; PeerIQ also discusses the effect of capital and liquidity rules on asset-backed securities from banks. Source
The law deals with various aspects of crypto assets, including their issuance and operations of tokenized financial products.
US legislators have proposed that student loan debt be discharged in the case of bankruptcy; the current law gives added protection to student loan lenders by requiring the debt to be repaid in bankruptcy; lawmakers and lobbyists are also considering other provisions that would provide debt relief to student loan borrowers who have filed for bankruptcy; while the debt relief initiatives will benefit borrowers, the effects will add increased default risk for investors in private student loans and private student loan securitizations. Source
As of January 2017 the Financial Conduct Authority (FCA) has fully authorized ten peer-to-peer lenders, according to AltFi, while the remainder of the industry operates with interim approvals; AltFi speculates on some of the characteristics of the authorized and interim lenders; of the authorized firms, Folk2Folk is the largest with originations of approximately 100 million British pounds ($120.44 million); the UK's largest platforms including Zopa, RateSetter and Funding Circle still have not been approved; loans from these lenders are primarily unsecured; characteristics identified by AltFi as issues for the FCA include: pre-funding, collective investment, auto-investing and institutional investment. Source
The UK government has told P2P lenders that wholesale lending does not count under the current regulations and the practice is too risky for retail investors; wholesale lending is when you lend money to a business who then lends that money out; the FCA said, "this would mimic banking – but without the same protection for individuals or regulations for the firms involved"; P2P lender RateSetter started to wind down their wholesale loan book after getting more clarity from the FCA in December; the FCA still hasn't provided full clarity on the subject, but they are at least beginning to give more insight so lenders know where the boundaries are. Source
The American Fintech Council Policy Summit in Washington DC brought together fintech, banking and government leaders for a full day of learning and networking.