In 2016 government regulators became more involved in the fintech industry in a variety of ways; while new regulations were discussed across the globe, governments also got more involved in the industry through sandbox and innovation programs; China's fintech market continued to grow in 2016 with both private market funding and fintech company growth; in 2016 robo advisors and blockchain emerged with new services; the market now offers a broader range of robo advisor services and the leading asset managers have introduced their own platforms; blockchain also reported unprecedented growth with distributed ledger being used for a wider variety of solutions across all industries; all of these industry developments are expected to remain in focus for 2017. Source
Indonesia's Financial Services Authority has issued regulations for alternative lenders; the regulations are slightly less strict than expected; they require fintech companies to have capital of 1 billion rupiah ($74,239) when registering their business and capital of 2.5 billion rupiah ($187,210) when applying for a business license; the regulations do not set any limits on interest rates. Source
New regulations slowed the growth of P2P lending in China in 2016; data from P2P001 reports that transaction volume in P2P lending increased by 138% in 2016 to over 2.8 trillion yuan ($403 billion) however that was only half of the transaction volume growth reported in 2014 and 2015; on August 24, 2016 the government issued new requirements for the industry, one of which requires that lenders partner with banks for custodian services; this adds additional costs for lenders and as of the end of 2016 only 7.98% had partnered with a custodian bank. Source
Regulators are inspecting Chinese P2P lenders for compliance with new rules issued last year; specifically lenders must partner with a custodian and limit loans to RMB 1 million ($144,200) for individuals and RMB 5 million ($721,001) for companies; they are also not permitted to guarantee principal or interest; the country currently has more than 2,400 P2P lenders; experts expect the new rules will likely change the nation's P2P lending landscape significantly; Roger Ying, founder and chief executive of P2P lender Pandai stated: "[There] will be shakeouts, though good for those which are compliant. It will take time for P2Ps to move to custodian banks. Presumably the most risk for investors is with P2Ps who do not have escrow [or] custodian bank accounts as retail investor sentiment is low." Source
The UK's Cambridge Center for Alternative Finance (CCAF) is actively involved in industry research and is currently doing three alternative finance surveys; much of the research is in conjunction with the Financial Conduct Authority (FCA), providing insight for its crowdfunding consultation period; CCAF is surveying crowdfunding investors and crowdfunding borrowers; CCAF has also announced it will now be doing a survey on blockchain and cryptocurrencies; as part of the FCA's regulatory study, CCAF is working with 25 crowdfunding and P2P lending platforms in the UK to gain greater insight into the crowdfunding ecosystem. 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
With the recent news from the OCC and a new administration in Washington, regulation of fintech is top of mind for everyone in the industry. The president of the San Francisco Fed, John C. Williams, joined us at LendIt USA 2016 to discuss fintech regulation in his keynote address.
He believes right now is a critically important time to have an open and honest dialogue about fintech and its role in the financial system. Fintech holds a lot of promise, it can help to improve efficiencies in the current system and can help the overall economy be more successful in achieving its fundamental goals.
The laws of innovation often mirror the laws of physics, for every great stride there is an equal and opposite risk. While he discussed the fact that innovation holds a lot of potential, the regulatory structure needs to asses the risks and ensure correct protections are in place.
Fintech companies are currently lowering costs, increasing access to the underbanked and helping to revitalize impoverished neighborhoods. One of his biggest points was even though fintech is looking to help the impoverished, it can actually hurt them the most as bad actors will prey upon the vulnerable.
Williams covers vigilance and a level playing field, looking at how the industry can help improve many different facets of the financial system but at the same time ensuring those in this burgeoning market do not pose a risk to the financial system. As he was beginning to wrap up his speech to allow for an interactive Q&A with the audience, Mr. Williams said he sees the potency of the possible in fintech.
Check out the full video here:
Business Insider has released a report on US regulation and fintech; says US regulation is a hindrance to the growth of the industry and is slowing its potential; the report titled, "The US Fintech Regulation Report," provides details on regulatory agencies' involvement with fintech and outlines their initiatives; explains the negative effects of regulation on the industry. Source
President Trump is set to sign two executive actions on Friday that take aim at reversing the new financial regulations that were put in place as a result of the 2008 financial crisis; the executive actions will give the labor secretary power to rescind the fiduciary rule and ask the Treasury secretary and regulators to come up with a plan to replace Dodd-Frank; the fiduciary rule was set to go into effect in April and was meant to ensure advisors had their client's best interests at heart; Dodd-Frank was passed in 2010 and began implementation in 2012; the law was meant to limit the chance of another financial crisis like we saw in 2008; uncertainty exists with what will end up happening, but signals show that the fiduciary rule will be struck down and Dodd-Frank will be replaced. Source