Ideas for a Regulatory Definition of FinTech

Идеи для нормативного определения финтеха
Ramona Rupeika-Apoga, Eleftherios
2020-04-01

FinTech legal definitiondocument analysisfinancial inclusionfinancial technology regulationregulatory framework
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.
1
A supportive legal environment and coordinated government strategies are increasingly viewed as important for countries seeking to become FinTech hubs and expand financial inclusion.
2
FinTech is used broadly by policymakers, regulators, businesses, researchers, and the public, but its nature and legal framework remain insufficiently clarified.
3
Most countries lack legislation specifically targeting FinTech companies, instead applying existing rules to both traditional providers and fintech operators.
4
The paper argues that dedicated FinTech legislation is unnecessary because regulation should focus on the specific financial services and products delivered, such as payments, insurance, and investments.
5
The study develops a legal-definition approach for FinTech by comparing international definitions and national regulatory policies through qualitative document analysis.

FinTech activities and operators providing financial and technology-enabled services

Approaches to the legal and regulatory definition and treatment of FinTech

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2020-04-01
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Authors
Ramona Rupeika-Apoga
Eleftherios
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