In this regular update, we round-up FinTech-related financial services regulatory developments for the week ending 7 October 2022.
ICYMI
Recent updates from Herbert Smith Freehills include:
- Keeping up with the finfluencers: Why it’s not what you say but who you are
- Forthcoming financial services regulatory developments – October and November 2022
- Upcoming FinTech-related regulatory developments – October and November 2022
UK
TSC to scrutinise major changes to financial services legislationThe Treasury Select Committee (TSC) has announced that it will scrutinise HM Government’s (HMG's) draft Financial Services and Markets Bill at 4pm on Tuesday 11 October. In this session, the TSC will explore the content of the legislation, which proposes wide-ranging changes to the regulation of the financial services industry in the UK. The announcement notes that MPs are likely to examine the proposed new ‘call-in power’ that would enable HM Treasury (HMT) to change the regulators rules, and may also discuss HMG’s proposals for the regulation of cryptoassets. [7 Oct 2022] |
#Cryptoassets |
EU
ESMA: Article on crypto-assets and their risks for financial stabilityThe European Securities and Markets Authority (ESMA) has published an article on crypto-assets and their risks for financial stability. In its article, ESMA outlines the latest understanding of crypto-assets’ risks and transmission channels to financial markets. While some sources of risk are well understood from traditional markets, others are novel and linked to the product design, technological development, or the complex infrastructures built around crypto-assets. ESMA finds that, at present, crypto-assets are still small in size and their interlinkages to traditional markets are limited. In future, this situation may change as market growth can occur suddenly and risk transmission is possible through various channels. Continuous monitoring of the crypto-asset market and its interconnectedness with the wider financial system is required to assess newly emerging threats in a timely manner, while regulations such as the EU's proposed Regulation on Markets in Crypto-Assets (MiCA) should be implemented swiftly to mitigate already identified risks. [4 Oct 2022] |
#Cryptoassets
#MiCA |
Australia
APRA publishes findings of review of outsourcing arrangements by superannuation trusteesAPRA has published its findings following a review of outsourcing arrangements in the retail superannuation industry (conducted jointly with Grant Thornton between February 2019 and October 2021). Trustees have specific obligations in the management of outsourcing arrangements which are set out in APRA’s Prudential Standard SPS 231 Outsourcing (SPS 231). Earlier this year, APRA also released draft Prudential Standard CPS 230 Operational Risk Management (CPS 230) for consultation. APRA found that although there has been better oversight and monitoring of outsourcing arrangements and service providers since the Royal Commission, several key areas of improvement remain. APRA made three key observations:
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#Outsourcing |
Hong Kong
SFC Deputy CEO delivers speech on risks associated with increased digitalisationMs Julia Leung (SFC's Deputy Chief Executive Officer and Executive Director, Intermediaries) recently delivered a keynote speech at the ASIFMA Tech & Ops Conference 2022, discussing how the advent of artificial intelligence (AI) and other technological advances have changed the way people invest and how products are distributed, as well as the risks associated with them.
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#Digitalisation |
Malaysia
BNM instructs payment gateway services provider to further strengthen cyber security controlsBank Negara Malaysia (BNM) has confirmed that, further to its statement on 12 August 2022 in respect of a data breach incident suffered by a provider of payment gateway services to banks and merchants, the provider had taken the necessary containment and rectification measures to address the gaps identified. In addition, BNM has instructed the provider to undertake additional measures to further strengthen its cyber security controls and IT infrastructure. BNM has also directed banks and card issuers to maintain heightened vigilance over activities of cards that may be at risk. Customers will be contacted if any suspicious activity is detected through the monitoring activities of their banks or card issuers. [7 Oct 2022] |
#CyberSecurity |
India
RBI issues Concept Note on Central Bank Digital CurrencyThe Reserve Bank of India (RBI) has released a Concept Note on Central Bank Digital Currency (CBDC) for India. The purpose behind the issue of this Concept Note is to create awareness about CBDCs in general and the planned features of the Digital Rupee (e₹), in particular. It explains the objectives, choices, benefits, and risks of issuing a CBDC in India, and the RBI’s approach towards introduction of the CBDC. The Concept Note also covers key considerations such as technology and design choices, possible uses of Digital Rupee, issuance mechanisms, etc, and consider the implications of introduction of CBDC on the banking system, monetary policy, financial stability, and analyses privacy issues. The RBI intends to commence pilot launches of e₹ for specific use cases soon. [7 Oct 2022] |
#CBDCs |
Philippines
SECP showcases digital transformationThe Securities and Exchange Commission of the Philippines (SECP) has published a press release following the 2022 Corporate Registers Forum Annual Conference at the end of September. The SECP showcased the digital transformation of its company registration processes, highlighting that the launch of the Electronic Simplified Processing of Application for Registration of Company (eSPARC) led to a sharp jump in the number of newly registered domestic corporations and partnerships in 2021, rising by 50.5% and 33.4%, respectively, despite the pandemic. [3 Oct 2022] |
#Digital |
US
FSOC publishes Digital Assets Report 2022The Financial Stability Oversight Council (FSOC) has published its Digital Assets Report 2022: Stability Risks and Regulation. The Report notes the risks that crypto-asset activities could pose to U.S. financial stability if their interconnections with the traditional financial system or their overall scale were to grow without adherence to or being paired with appropriate regulation, including enforcement of the existing regulatory structure. It identifies a number of material gaps in current regulation, and makes recommendations to address these. In his remarks at the FSOC meeting, Consumer Financial Protection Bureau Director Rahit Chopra noted that "the top five stablecoins alone constitute over $140 billion and only months ago the third largest stablecoin in the industry crashed—destroying nearly $20 billion in market capitalization in less than one week." He also indicated that in line with the President’s Working Group on Financial Markets' recommendation, and in the absence of other legislation, the FSOC may designate activities conducted within stablecoin arrangements as systemically important payment, clearing, and settlement activities under Title VIII of the Dodd-Frank Act. [3 Oct 2022] |
#DigitalAssets |
Ukraine-related sanctions information
Regular updates on sanctions and other developments that may impact businesses with interests or operations in Ukraine and/or Russia are available on our FSR and Corporate Crime Notes blog here.
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.