Regulation


FDIC Backs off Operation Choke Point (Jan. 29, 2015)

Critics of the DOJ’s controversial Operation Choke Point, which encourages financial institutions to scrutinize clients that operate certain types of businesses, such as payday lenders and firearms sales, may welcome the latest news from the FDIC.

FDIC Advises Banks to Contact Examiners on Brokered Deposits

Prepaid issuers aren’t the only ones confused by the potential implications of the FDIC’s recent FAQs on brokered deposits. The agency offered some clarifications to ABA staff but recommends issuers reach out to their examiners with specific questions.

Fed Issues Paper Announcing Plan to Improve U.S. Payment System (Jan. 27, 2015)

The Federal Reserve this week issued a new report, “Strategies for Improving the U.S. Payment System,” outlining a plan to enhance the overall speed, safety and efficiency of the nation’s payment system with collaboration from payment industry participants including businesses, payment card networks, processors, payment technology firms, consumers and financial institutions.

AEOI: tax reporting doesn’t have to be taxing

With so much attention on FATCA in recent times, the financial services industry could be forgiven for seeing it as the most obtrusive regulation ever imposed. This view will soon change. Once the Automatic Exchange of Information (AEOI) comes into force, financial institutions will have far greater challenges to overcome.

The Bancorp Reclassifies Deposits in Compliance with FDIC FAQs (Jan. 21, 2015)

The Bancorp Inc., parent of The Bancorp Bank, disclosed last week in a short regulatory filing that it reclassified deposits as “brokered” as a result of FAQs issued by the FDIC on Dec. 24, 2014. The FAQs—which, for practical purposes, have the effect of a rule of law—require reclassification of deposits underlying many types of prepaid cards, as newly documented by the FDIC.

Regulation: why it must be seen as the carrot rather than the stick

The global financial crisis triggered an avalanche of fierce criticism for the financial industry, the repercussions of which are still being felt. In its wake industry bodies around the world introduced stringent regulations that require in-depth auditing to achieve compliance and complete corporate accountability.

Banking competition, divestments and the rise of the digital challenger banks

The Competition and Markets Authority has recently embarked on a full investigation into the so-called competitive stranglehold the four big banks – Lloyds, RBS, Barclays and HSBC – have over the UK market place. The CMA ended a five month consultation with the announcement of the investigation into accounts for customers and corporate accounts for small businesses – the CMA has already identified large branch networks and free current accounts as being barriers to entry for new banks

The media as a source of reputational protection, rather than risk

For better or worse, financial institutions are more risk averse than ever. This is the direct result of continuing and growing regulatory scrutiny over a broad range of activities, including the compliance of financial institutions in areas such as international sanctions, the prevention of money laundering, the funding of terrorism or the facilitation of tax evasion.

NACS: All Eyes on Supreme Court (Jan. 13, 2015)

Retailers and payments executives who were hoping to get an answer from the Supreme Court this week on whether the court will hear NACS et al v. Board of Governors of the Federal Reserve System will be waiting a bit longer.

Obama Unveils Bills to Safeguard Consumer Data (Jan. 13, 2015)

President Obama is throwing support behind new legislation to further protect consumers from data breaches, while backing another new bill that would prevent companies from misusing student data. At a Federal Trade Commission presentation Jan. 12, President Obama outlined the Personal Data Notification & Protection Act, which would require U.S. companies to notify customers within […]

Financial regulation drives London jobs growth despite economic and political uncertainty

London-based financial services professionals moving to new jobs in 2014 boosted their salaries by an average of 18% – and an increasing number of people did so, with year-on-year figures showing a 51% increase in people looking for new positions. But gloomy economic forecasts, combined with the seasonal drop in hiring over the Christmas period suggest that firms have postponed major hires to the current quarter.

The need for a resilient global network of FMIs

By facilitating payments, and clearing and settling transactions in the securities and derivatives markets, financial market infrastructures are essential nodes in a complex and ever more integrated international network of capital flows. The consequent inter-dependencies between financial market infrastructures will create new resiliency challenges

Derivatives markets brace for Basel III margin crunch in 2015

Derivatives market participants are concerned about the impact of new margin requirements for non-cleared derivatives under Basel III, with a large number unsure whether they will even have to comply with the rules, according to new survey published today by the International Swaps and Derivatives Association.

EU VAT Law Aimed at Leveling Playing Field Goes into Effect (Jan. 5, 2015)

The start of a New Year also brings a new EU law into effect that’s intended to stop companies from undercutting their competition by setting up in low-tax countries. However, the law also could increase the tax on purchases of digital content like mobile applications, music downloads and e-books.

Cryptocurrencies overcome California legal hurdle – but the battle is not over yet

Digital and alternative currencies, including Bitcoin, can now be used for transactions in California, following the implementation of bill AB129 on 1 January 2015. The new bill is a step forward for cryptocurrencies which have faced tough opposition and scrutiny from global regulators. However, serious doubts about the safety of digital currencies have been voiced by banks.

EU Officials Agree to Cap Interchange Fees (Dec. 18, 2014)

Members of the Economic and Monetary Affairs Committee and European Union Council negotiators yesterday agreed to cap the interchange fees on cross-border and domestic card-based payments, ensuring uniform rules across the EU.

ESMA: ‘crowdfunding would benefit from regulation’

The European Securities and Markets Authority says that crowdfunding platforms are incentivised to operate in a way that they fall outside existing regulations, which is holding back their growth and increasing risks for investors.

Keep it personal – supporting customer-centricity with relevant financial products and services

Since the beginning of the global economic crisis, the financial services industry has faced challenges like never before. Headlines around bankers’ bonuses, PPI miss-selling and Libor manipulation have led to a lack of trust from consumers. In response, traditional banks need to join the new generation of financial service providers and their customers in their new natural habitat – online and on mobile.

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