Ideas for a regulatory definition of FinTech

Purpose: The aim of the paper is to develop the approach to a legal definition of FinTech. Design/Methodology/Approach: In this paper we evolve possible approaches of FinTech legal definition, investigate existing approaches at the international level and examine the policies applied at the national levels. Document analysis, as a form of qualitative research, was used in this study. Findings: We found that in most countries the legislation does not specifically address fintech companies, and the legal framework equally regulates the activities of traditional service providers and fintech operators. In our opinion, no specific legislation for FinTech companies needed, each type of activity provided by a financial or technology company is subject to a specific legislation/regulation with primary focus on services and products provided as payments, insurance, investments etc. Practical Implications: The term FinTech is freely used by policy makers, regulators, companies, researchers, academics and the public, both nationally and internationally. According to international organizations such as the IMF, the World Bank and the OECD, FinTech offers the opportunity to accelerate economic growth and expand financial affordability/inclusion in all countries. Some countries are increasingly striving to become global or international regional hubs for FinTech and are working hard to develop interagency government strategies with a supportive legal environment. Originality/Value: There is still confusion about the nature and dynamics of FinTech among politicians, scientists and practitioners, as well as about the legal framework of this area. The value of this article is to clarify and propose an apprach to definition of FinTech by combining different approaches in a very original and innovative way.peer-reviewe

Financial system inquiry: final report

Executive summary This report responds to the objective in the Inquiry’s Terms of Reference to best position Australia’s financial system to meet Australia’s evolving needs and support economic growth. It offers a blueprint for an efficient and resilient financial system over the next 10 to 20 years, characterised by the fair treatment of users.   The Inquiry has made 44 recommendations relating to the Australian financial system. These recommendations reflect the Inquiry’s judgement and are based on evidence received by the Inquiry. The Inquiry’s test has been one of public interest: the interests of individuals, businesses, the economy, taxpayers and Government.   Australia’s financial system has performed well since the Wallis Inquiry and has many strong characteristics. It also has a number of weaknesses: taxation and regulatory settings distort the flow of funding to the real economy; it remains susceptible to financial shocks; superannuation is not delivering retirement incomes efficiently; unfair consumer outcomes remain prevalent; and policy settings do not focus on the benefits of competition and innovation. As a result, the system is prone to calls for more regulation.   To put these issues in context, the Overview first deals with the characteristics of Australia’s economy. It then describes the characteristics of and prerequisites for a well-functioning financial system and the Inquiry’s philosophy of financial regulation.   The Inquiry focuses on seven themes in this report (summarised in Guide to the Financial System Inquiry Final Report).   The Overview deals with the general themes of funding the Australian economy and competition.   The Inquiry has also made recommendations on five specific themes, which comprise the next chapters of this report: Strengthen the economy by making the financial system more resilient. Lift the value of the superannuation system and retirement incomes. Drive economic growth and productivity through settings that promote innovation. Enhance confidence and trust by creating an environment in which financial firms treat customers fairly. Enhance regulator independence and accountability and minimise the need for future regulation. These recommendations seek to improve efficiency, resilience and fair treatment in the Australian financial system, allowing it to achieve its potential in supporting economic growth and enhancing standards of living for current and future generations.   Financial system inquiry committee   Mr David Murray AO (Chair) Mr David Murray AO (Sydney) was most recently the inaugural Chairman of the Australian Government’s Future Fund Board of Guardians between 2006 and 2012. Mr Murray was previously the Chief Executive Officer of the Commonwealth Bank of Australia between 1992 and 2005. In this time, Mr. Murray oversaw the transformation of the Commonwealth Bank from a partly privatised bank to an integrated financial services company. In 2001, he was awarded the Centenary Medal for service to Australian society in banking and corporate governance, and in 2007 he was made an Officer of the Order of Australia for his service to the finance sector, both domestically and globally, and service to the community.   Professor Kevin Davis Professor Kevin Davis (Melbourne) is currently a Professor of Finance at the University of Melbourne, Research Director at the Australian Centre for Financial Studies and a Professor of Finance at Monash University. Professor Davis is also a part-time member of the Australian Competition Tribunal and Co-Chair of the Australia–New Zealand Shadow Financial Regulatory Committee.   Mr Craig Dunn Mr Craig Dunn (Sydney) was most recently Chief Executive Officer and Managing Director of AMP. Mr Dunn led AMP through the global financial crisis and has extensive experience in the financial sector. He was a member of the Australian Government\u27s Financial Sector Advisory Council and the Australian Financial Centre Forum, and an executive member of the Australia Japan Business Co-operation Committee. Mr Dunn is a director of the Australian Government’s Financial Literacy Board.   Ms Carolyn Hewson AO Ms Carolyn Hewson AO (Adelaide) served as an investment banker at Schroders Australia for 15 years. Ms Hewson has over 30 years’ experience in the finance sector and currently serves on the boards of BHP Billiton Ltd and Stockland. Ms Hewson was made an Officer of the Order of Australia for her services to the YWCA and to business. Ms Hewson has served on both the boards of Westpac and AMP and retired from the board of BT Investment Management Ltd and as the Chair of the Westpac Foundation upon her appointment to the Financial System Inquiry Committee.   Dr Brian McNamee AO Dr Brian McNamee AO (Melbourne) served as the Chief Executive Officer and Managing Director of CSL Limited from 1990 to 30 June 2013. During that time, CSL transitioned from a Government-owned enterprise to a global company with a market capitalisation of approximately $30 billion. He has extensive experience in the biotech and global healthcare industries. Dr McNamee was made an Officer of the Order of Australia for his service to business and commerce. &nbsp

Competition in financial services

In the financial services sector, the failure of a single institution can have a compounding effect on the sector, and on national and global economies. In particular, there is systemic risk from inter-institution lending, and this effect is more complex in Australia due to the small number of major players. In retail banking in Australia, following a similar practice in most developed countries, if an unsecured creditor is a retail depositor, their deposit is insured by the government. That is, if a retail bank fails, the Federal Government will make the depositors whole. The regulatory system, particularly the prudential regulatory system, is designed to protect depositors’ and borrowers’ interests, and this protects the interest of the government. The effect is that regulatory policy on banking has prioritised stability in consideration of the sovereign risk associated with the risk of retail bank failure. However, this approach also creates a policy dilemma. The dilemma concerns the extent to which the retail banking sector can attain the benefits of the vigorous rivalry from effective and efficient competition, without unduly risking stability and the potential of a devastating call on the public purse. Specifically, in the context of effective and efficient competition, there is limited competitiveness in retail banking in Australia. This is reflected in the static state of market share between the four major banks, and very slow and marginal improvements gains even by strong second tier competitors. Furthermore, the retail banking sector’s capacity for product and service innovation is limited. Although the absence of vigorous rivalry is conducive to stability within the retail banking sector, it is likely to detract from the welfare of retail banking consumers. Furthermore, the level of innovation may not be as high as is feasible and barriers, including prudential regulatory barriers to entry or expansion, mean that the extent of rivalry is unlikely to change without some form of promotion of competition. The paper consequently makes a four-point recommendation for the removal of the ‘four pillars’ policy:  The four major banks are protected by an implicit government guarantee that impacts market operation with little observable benefit to consumers, and may be a source of consumer disutility.  The four pillars policy has prompted increased vertical integration within the sector, particularly in the area of mortgage products.  There are sufficient merger protections provided by Part IV of the Competition and Consumer Act 2010 (Cth).  Competition and contestability arise when there are reasonably low barriers to entry and exit from the sector. It is not clear that low barriers to entry exist in Australia, and evidence to support this view comes from the failure of international banks to gain a significant toehold in the retail banking sector in Australia. One deterrent to entry is the regulatory focus on the four pillars. The authors recognise that this position is at odds with the view of the Financial System Inquiry. However, the rationale in the report of the Inquiry was to prevent mergers, and the current competition law achieves this objective. The paper recommends two specific policies to promote competition in retail banking without the structural intervention that would otherwise be required to improve the intensity of competition in the retail banking sector:  Introduce bank account number portability. This would use ‘know your customer’ and central database systems in a similar form to those that have been used for mobile number portability in Australia for the last decade and a half.  Introduce customer access to data held by banks to allow third parties to compare bank offerings across all banks.  Significantly, these two recommendations are consistent with the productivity proposals issued by the UK Government in July 2015. The research paper also examines crowd equity funding as a disruptive force in the banking sector, and recommends that crowd equity funding be permitted with the following safeguards:  ASIC should take an active role in monitoring crowd equity funding and be willing to sue in case of fraudulent action.  Any intermediary online platform should have a financial services licence with limited duty of care.  There should be a cap for business raisings through crowd equity funding of $2 million in a 12-month period.  Crowd equity funding is a social phenomenon. Through its use of social media, it has attracted people who have previously never been interested in investing in companies. Instead of being feared, this interest should be nurtured through the promotion of investors’ financial education

A Global Survey of Community Reinvestment Laws: The Obligation of the Private Sector to Serve the Underserved in Several Countries

Summaries of the community reinvestment legislation in the United States, United Kingdom, Nigeria, Brazil, South Africa, India, Australia, and Canada

Knowledge Management Practice at a Bulgarian Bank: A Case Study

This paper reports on knowledge management (KM) practices in the customer service and lending departments of one of Bulgaria's top retail banks and investigates how KM processes can be further improved. The Bank's KM activities have been studied using observations, interviews and informal discussions for data collection. Findings were compared and contrasted with existing literature in similar contexts. Although rudiments of knowledge sharing are evident from the KM activities in different departments of the bank, the limitations such as resistance to change of the implemented KM systems are impeding the effectiveness of the knowledge management process. More training and incentives are needed to increase knowledge creation and sharing. Moreover, a clearly articulated KM strategy along with success criteria and commitment and support from senior management is needed. There is a severe lack of knowledge management studies in Bulgarian context in general and Bulgarian banking sector in particular. The authors' findings will potentially help in improving knowledge sharing practice as well as provide a valuable insight into knowledge management related issues in the Bulgarian context. The findings from this research can be useful to companies from Eastern Europe and other regions in improving their knowledge sharing practice

Profit Related Loans for Economically Disadvantaged Regions

There is an increasing recognition that economically disadvantaged areas do not have an inherent capacity to regenerate economic activity or to deliver automatically socially propitious outcomes. In such circumstances, there might be a strong case for public sector intervention of various types. In what follows we a case for the provision of financial resources for the establishment or consolidation of community social, and other, regional enterprises. The circumstances underlying the impotence of markets to solve financing issues are explored, and some attention is given to historical attempts to address the problem. Most importantly, we outline a potential new approach for the public sector in this area. An important and novel aspect of the exercise involves the government providing some proportion of the required finance in the form of a loan to be repaid by the enterprise only when and if the project becomes economically successful. This form of government intervention, known as income related loans, is designed to limit the extent of economic risks faced by the relevant enterprise, and has the desirable equity characteristic of repaying to taxpayers some return to their investment. Through reference to the Higher Education Contribution Scheme it is explained that the essential bases of this form of public sector approach to financing investment is well established, both conceptually and in administrative terms.community investment; income related loans

Infrastructure, tax, energy

This issue of the Monitor focuses on the role of the G20 in infrastructure, tax and energy governance. The Monitor opens with a reflection on a conference jointly hosted by the Reserve Bank of Australia, the Productivity Commission and the Lowy Institute, titled ‘Financial Flows and Infrastructure Financing’. There is also a note on trade. Key findings Ensuring that the right public infrastructure projects are selected is more important than the question of how they will be financed. As such, the G20 should designate appropriate project selection as the foundation stone of its infrastructure agenda. The MDBs can make a major contribution to reducing the global infrastructure gap, provided their actions begin with the principle of additionality. Private sector involvement is a desirable secondary goal and should be promoted wherever business finance produces a more efficient approach, but it should not supersede the MDBs’ preoccupation with an investment strategy built around value for money. Focusing on infrastructure investment for macroeconomic growth can, but does not automatically, benefit people living in extreme poverty, Australia needs to use its outreach program to talk to LICs about the possible prioritisation of infrastructure investment within the G20 agenda. Australia’s G20 presidency is a rare and time-bound opportunity to influence the process guiding tax reforms around base erosion and profit shifting. Better tax compliance and transparency will help to address poverty and inequality globally and within Asia and the Pacific. The G20 has a number of energy issues on its work program, including energy efficiency, yet it has not adequately addressed the prior need for a revision of the global energy governance framework itself. The G20 should push for an elevation of the International Energy Agency into a truly global forum that brings together all the major energy producers and consumers on equal basis

Impact of the Financial Crisis on Finance Sector Workers

[Excerpt] The purpose of this paper is to briefly review the background, causes, characteristics and trajectory of the ongoing financial and economic crisis; to define the financial services sector, its occupations and their educational requirements, as well as recent important trends; to provide a preliminary assessment of the impact of the crisis on finance sector jobs; and to give suggestions on possible policy responses to address the effects of the crisis on finance sector workers

Making apartments affordable: moving from speculative to deliberative development

Urban consolidation policies in Australia presuppose apartments as the new dominant housing type, but much of what the market has delivered is criticised as over-development, and as being generic, poorly-designed, environmentally unsustainable and unaffordable. In contrast to the usual focus on planning regulation and construction costs as the primary issues needing to be addressed in order to increase the supply of quality, affordable apartment housing this paper uses Ball’s (1983) ‘structure of provision’ approach to outline the key processes informing apartment development to reveal a substantial gap in critical understanding of how apartments are developed in Australia, and identifies economic problems not previously considered by policymakers. Using mainstream economic analysis to review the market itself, the authors found high search costs, demand risk, problems with exchange, and lack of competition present key barriers to achieving greater affordability and limit the extent to which ‘speculative’ developers can respond to the preferences of would be owner-occupiers of apartments. The existing development model, which is reliant on capturing uplift in site value, suits investors seeking rental yields in the first instance and capital gains in the second instance, and actively encourages housing price inflation. This is exacerbated by lack of density restrictions, such as have existed in inner Melbourne for many years, which permits greater yields on redevelopment sites. The price of land in the vicinity of such redevelopment sites is pushed up as landholders\u27 expectation of future yield is raised. All too frequently existing redevelopment sites go back onto the market as vendors seek to capture the uplift in site value and exit the project in a risk free manner. The paper proposes three major reforms. Firstly, that the market for apartment development be re-designed following insights from the economic field of ‘Market Design’ (a branch of Game Theory). A two-sided matching market for new apartments is proposed, where demand-side risks can be mitigated via consumer aggregation. Secondly, consumers should be empowered through support for  ‘deliberative’, or ‘do-it-yourself’ (DYI) development models, in order to increase competition, expand access, and promote responsiveness to consumer needs and preferences. Finally, planning schemes need to impose density restrictions (in the form of height limits, floor space ratios or bedroom quotas) in localities where housing demand is high, in order to dampen speculation and de-risk development by creating certainty. However restrictions on over-development on larger infill sites needs to be offset by permitting intensification of ‘greyfield’ suburbs. Aggregating existing housing lots to enable precinct regeneration and moderate height and density increases would permit better use of airspace thus allowing design outcomes that can optimise land use while retaining amenity