FinTech Law and Policy

In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and U.S. financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since Bitcoin has captured the public imagination and spawned new derivatives products, you can apply for a mortgage on your smartphone, initial coin offerings are now a viable alternative to venture capital funding, and the Office of the Comptroller Currency has proposed a new kind of bank charter specifically for FinTech firms. While many have focused on the technologies underpinning the FinTech revolution, less attention has been placed on how these technologies fit within the current financial regulatory framework. Understanding this framework is critical to the long-term success of any FinTech startup. While technology startups in other sectors may predicate their business on breaking rules and ignoring regulations, such a strategy is sure to fail if deployed by a FinTech firm. This is because the financial industry is heavily regulated by multiple state and federal agencies that often have overlapping authority. Being a successful FinTech firm requires more than just great technology; it also requires an understanding of the laws and regulations applicable to your business. This book aims to provide you with that understanding. You will learn about the critical legal, regulatory, and policy issues associated cryptocurrencies, initial coin offerings, online lending, new payments and wealth management technologies, and financial account aggregators. In addition, you will learn how regulatory agencies in the U.S. have adjusted to the emergence of new financial technologies and how one specific agency, the Office of the Comptroller of the Currency, has proposed a path for FinTech firms to become regulated banks. You will also learn the basics of how banks are regulated in the U.S. If you are unfamiliar with how these new financial technologies work, fear not. Each chapter begins with a high-level overview of the technology. Understanding the legal and regulatory framework applicable to new financial technologies is critical to the long-term success of any FinTech startup. FinTech companies that begin operating with a firm grasp of the laws and regulations applicable to their business can not only avoid the pitfalls that have ensnared many a FinTech before them, but also gain a competitive advantage and make the company a more attractive investment for venture capital firms and other potential investors.