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The Predicament of Fintechs in the Environment of Traditional Banking Sector Regulation - An Analysis of Regulatory Sandboxes as a Possible Solution

The Predicament of Fintechs in the Environment of Traditional Banking Sector Regulation - An Analysis of Regulatory Sandboxes as a Possible Solution PDF Author: Johannes M. Gerlach
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
Recently, “Financial Technology-companies” (FinTechs) are increasingly changing the financial services industry worldwide and impose considerable challenges for regulators tasked to solve the arising trade-off between sound regulation and innovation support. In this regard, regulatory sandboxes, which were recently introduced in several jurisdictions, provide a promising solution, as they imply a liberalization of regulatory requirements in order to enable FinTechs to test their innovative services. However, we observe that no comparable initiative exists in Germany, even though the German regulator identified a need for action on this subject in order to maintain its international competitiveness. Thus, based on a detailed analysis of various sandbox models worldwide, this paper develops a set of own recommendations as a basis for the implementation of a sandbox concept which might be applicable in the German regulatory environment. In doing so, we identify current theoretical as well as practical regulatory issues within the context of the rapid FinTech evolution. To the best of our knowledge, this paper represents the first study on key international sandboxes as a basis to design guidelines specifically for the German financial market. Thereby, we contribute to the literature as we evolve an effective regulation within the new setting of innovative financial technologies. Moreover, our findings contribute to the practical solution of current challenges faced by both regulators and affected companies. Even though our derived implications focus on the German financial sector, the results may potentially be applicable in further jurisdictions with similar regulatory requirements.

The Predicament of Fintechs in the Environment of Traditional Banking Sector Regulation - An Analysis of Regulatory Sandboxes as a Possible Solution

The Predicament of Fintechs in the Environment of Traditional Banking Sector Regulation - An Analysis of Regulatory Sandboxes as a Possible Solution PDF Author: Johannes M. Gerlach
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
Recently, “Financial Technology-companies” (FinTechs) are increasingly changing the financial services industry worldwide and impose considerable challenges for regulators tasked to solve the arising trade-off between sound regulation and innovation support. In this regard, regulatory sandboxes, which were recently introduced in several jurisdictions, provide a promising solution, as they imply a liberalization of regulatory requirements in order to enable FinTechs to test their innovative services. However, we observe that no comparable initiative exists in Germany, even though the German regulator identified a need for action on this subject in order to maintain its international competitiveness. Thus, based on a detailed analysis of various sandbox models worldwide, this paper develops a set of own recommendations as a basis for the implementation of a sandbox concept which might be applicable in the German regulatory environment. In doing so, we identify current theoretical as well as practical regulatory issues within the context of the rapid FinTech evolution. To the best of our knowledge, this paper represents the first study on key international sandboxes as a basis to design guidelines specifically for the German financial market. Thereby, we contribute to the literature as we evolve an effective regulation within the new setting of innovative financial technologies. Moreover, our findings contribute to the practical solution of current challenges faced by both regulators and affected companies. Even though our derived implications focus on the German financial sector, the results may potentially be applicable in further jurisdictions with similar regulatory requirements.

FinTech and RegTech in a Nutshell, and the Future in a Sandbox

FinTech and RegTech in a Nutshell, and the Future in a Sandbox PDF Author: Douglas W. Arner
Publisher: CFA Institute Research Foundation
ISBN: 1944960260
Category : Business & Economics
Languages : en
Pages : 30

Book Description
The 2008 global financial crisis represented a pivotal moment that separated prior phases of the development of financial technology (FinTech) and regulatory technology (RegTech) from the current paradigm. Today, FinTech has entered a phase of rapid development marked by the proliferation of startups and other new entrants, such as IT and ecommerce firms that have fragmented the financial services market. This new era presents fresh challenges for regulators and highlights why the evolution of FinTech necessitates a parallel development of RegTech. In particular, regulators must develop a robust new framework that promotes innovation and market confidence, aided by the use of regulatory "sandboxes." Certain RegTech developments today are highlighting the path toward another paradigm shift, which will be marked by a reconceptualization of the nature of financial regulation.

Examining Global Regulations During the Rise of Fintech

Examining Global Regulations During the Rise of Fintech PDF Author: Justin, Mercia Selva Malar
Publisher: IGI Global
ISBN:
Category : Business & Economics
Languages : en
Pages : 506

Book Description
The fintech industry's rapid growth is revolutionizing the global financial sector by providing unparalleled convenience and innovation. However, this disruptive force also brings challenges, particularly in regulation. With fintech evolving at breakneck speed, traditional regulatory frameworks struggle to keep pace, leading to potential risks and uncertainties for economies and financial systems worldwide. Without adequate and adaptable regulations, the benefits of fintech could be overshadowed by its disruptive potential, impacting financial stability and consumer trust. Examining Global Regulations During the Rise of Fintech offers a comprehensive analysis of Fintech regulations across nations, providing insights into the diverse approaches and their impacts. By examining the experiences of different countries, the book helps policymakers, industry professionals, and academics understand what works and what doesn't in fintech regulation. It offers frameworks and recommendations to promote innovation while ensuring financial stability. It is an essential guide in the rapidly evolving fintech ecosystem.

FinTech

FinTech PDF Author: Jelena Madir
Publisher: Edward Elgar Publishing
ISBN: 1035314754
Category : Law
Languages : en
Pages : 719

Book Description
This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.

Regulating FinTech in Asia

Regulating FinTech in Asia PDF Author: Mark Fenwick
Publisher: Springer Nature
ISBN: 9811558191
Category : Law
Languages : en
Pages : 235

Book Description
This book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts. Over the last decade, Fintech – broadly defined as the use of new information technologies to help financial institutions and intermediaries compete in the marketplace – has disrupted the financial services sector. Like other 21st century technological developments, Fintech is a global phenomenon that plays out in local economic, political and regulatory contexts, and this dynamic interplay between global trends and local circumstances has created a complex and fast-changing landscape. Diverse stakeholders (most obviously incumbent financial service providers, tech start-ups and regulators) all pursue a competitive edge against a background of profound uncertainty about the future direction and possible effects of multiple emerging technologies. Compounding these difficulties are uncertainties surrounding regulatory responses. Policymakers often struggle to identify appropriate regulatory responses and increasingly turn to policy experimentation. Such issues add to the challenges for the various actors operating in the Fintech space. This situation is particularly fluid in Asia, since many jurisdictions are seeking to establish themselves as a regional hub for new financial services.

Fintech

Fintech PDF Author: Jelena Madir
Publisher: Edward Elgar Publishing
ISBN: 9781035314744
Category : Law
Languages : en
Pages : 0

Book Description
This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. Key Features: Three new chapters covering AI in the Financial Sector, Bank-Fintech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States Examination of potential blockchain and artificial intelligence applications in the financial services industry Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.

Regulating Financial Innovation

Regulating Financial Innovation PDF Author: Christopher Ruof
Publisher: Springer Nature
ISBN: 3031329716
Category : Business & Economics
Languages : en
Pages : 449

Book Description
This book explores the impact of 'Fintech' on the information asymmetry between the financial regulator and the markets. It details the growing regulatory mismatch and how Fintech exacerbates the “pacing problem”, where the regulator struggles to keep up with innovation. With information as a point of reference, the book adds a new perspective on the latest phenomenon in financial innovation and presents a novel framework for navigating structural changes in the financial sector. Based on this analysis, a number of proposals to reduce the information gap and avoid regulatory mismatch are discussed. Thereby, new and promising regulatory concepts, such as regulatory sandboxes and SupTech applications are also covered. This book provides a practical framework for regulatory responses to financial innovation. It will be relevant to researchers and practitioners interested in financial technology and regulation.

Fintech Regulation and Supervision Challenges within the Banking Industry

Fintech Regulation and Supervision Challenges within the Banking Industry PDF Author: Felix I. Lessambo
Publisher: Springer Nature
ISBN: 3031254287
Category : Business & Economics
Languages : en
Pages : 339

Book Description
Strengthening financial sector regulatory arrangements has been a major focus of the G-20 since the crisis in 2008, and progress in strengthening financial regulations is often cited as its success. Nonetheless, the overall contribution of the G20 as a political forum for the oversight of international financial regulation is diming as FinTech is blurring the boundaries between intermediaries and markets, as well as between digital service providers moving into the financial space, nonbank financial companies, and banks. Along the same line, financial technology is causing paradigm changes to the traditional financial system, presenting both challenges and opportunities. As FinTech grows rapidly, the importance of regulation and supervision becomes more prominent. The three cornerstones of banking: taking deposits, making loans, and facilitating payments are being reassembled functionally and digitally outside of the bank regulatory perimeter by certain firms. Without comprehensive consolidated supervision, no single regulator can see the whole picture and understand how a firm as a whole operates and takes risk. No crypto firm to date is subject to comprehensive consolidated supervision, creating gaps in supervision alongside risks. Countries around the world are taking divergent views on cryptocurrency and other so-called “Web3” technologies based on blockchain. This book aims to provide a comparison between the various available approaches, models, or legislations by identifying certain key legislative policies within the G-20 as they cope with innovative financial technologies, and will be of interest to scholars, students, and practitioners of banking, financial regulation, risk management, and financial technology.

Building Regulatory and Supervisory Technology Ecosystems

Building Regulatory and Supervisory Technology Ecosystems PDF Author: Asian Development Bank
Publisher: Asian Development Bank
ISBN: 9292696742
Category : Business & Economics
Languages : en
Pages : 106

Book Description
This publication explores the use of regulatory technology (regtech) in finance. It discusses how to design an optimal architecture, alongside policy considerations for an integrated regtech and supervisory technology ecosystem. It highlights the interaction of industry use of technology in compliance and risk management; regulator and supervisor use of technology for supervision, monitoring, and enforcement; and use of technology to embed regulatory requirements and systems into financial infrastructure. The publication introduces key policy frameworks that enable ecosystem relationships at national, regional, and international levels, and showcases vital agile data management and standardization frameworks.

Global Fintech Revolution

Global Fintech Revolution PDF Author: Lerong Lu
Publisher: Oxford University Press
ISBN: 0192590421
Category : Law
Languages : en
Pages : 305

Book Description
Lerong Lu examines the biggest change in modern financial industry - the Fintech (financial technology) revolution - that denotes the close interaction between the financial services industry and latest information technologies such as big data, cloud computing, blockchain, and artificial intelligence. The three areas of banking institutions, online lending marketplaces, and money and payment systems are explored to assess how financial innovations affect the traditional financial industry, what kinds of regulatory challenges arise, and how global policymakers react to such challenges. With in-depth and international case studies on Fintech, including app-based banking services, mobile payments, P2P lending, and cryptocurrencies, the global Fintech hubs in six continents are assessed. The complex, dynamic, and multidimensional Fintech ecosystem is also investigated including its key players (such as regulatory strategy, regulatory sandbox, and RegTech) and Fintech corporations (including financial holding companies, Fintech unicorns, BigTech firms, and Metaverse platforms). Lu highlights the enormous benefits for financial institutions and their consumers and argues that Fintech contributes to a more equal, democratic, inclusive, and sustainable financial system. However, he also considers the risks and multiple legal, ethical, and regulatory challenges for policy-makers and financial authorities that Fintech has posed.