1. EUROPEAN UNION INTEGRATION OF THE MEXICAN FINANCIAL TECHNOLOGY INSTITUTIONS LAW AND CAPITAL REQUIREMENTS.
- Author
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Manning, Adam
- Subjects
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INVESTOR protection , *CONSUMER protection , *FINANCIAL institution software , *LEGISLATION , *GOVERNMENT regulation ,EUROPEAN Union country economic integration - Abstract
This Note explains the need for greater consumer protection in the financial technology (fintech) sector in the European Union and advocates for the implementation of new laws and regulations to achieve that end. Fintech, used properly, has the potential to close financial equality gaps across the world. By introducing innovative products in a consumable fashion, fintech companies can reach unserved and underserved populations more easily than ever before. The concern with the increase in fintech, however, is that the breakneck speed of change creates risks for both investors and consumers. Recently, these risks were plit on display when Wirecard, a German fintech company, filed for insolvency creating massive losses for both investors and consumers. Prior to its collapse, Wirecard was overseen by regulatory bodies in the European Union which did not provide adequate protection to consumers or investors in regulating fintech companies. The European Union maintains a patchwork of regulations for fintech companies spread across its member states instead of one overarching Policy, making it difficult for companies to do business compliantly and for consumers to understand their protections. In recent years, Mexico has seen a surge in fintech companies within its borders consisting of both newly founded Mexican companies and international companies opening Mexican branches or subsidiaries. Because of this boom and a noted lack of regulation for fintech providers creating concern for investors and consumers, Mexico passed the Financial Technology Institutions Law. This law provides more government oversight of fintech companies in the country, creating a safer environment for investors and consumers. Additionally, the law introduced a sandbox environment allowing certain companies to craft new products and services innovatively, providing additional protections to consumers, and allowing investors to participate at the ground level. In the European Union, fintech companies are not subject to as much regulation as is now required by the Mexican Financial Technology Institutions Law, and the European Union does not have a minimum capital requirement. Increasing the amount Of capital that a company is required to have on hand at any given moment provides protection to both investors and consumers. If a company sustains heavy operating losses, the cash on hand ensures that the company could continue operations, meaning that consumers are allowed to continue their use of the service and that investors have a lower likelihood of losing their investment. The European Union should implement a version of the Mexican Financial Technology Institutions Law across all member states to provide regulation over the fintech industry creating more stability and trust. Additionally, by implementing stricter capital requirements, European Union consumers and investors would be better protected against large operating losses. The implementation of these requirements in the European Union would create a more hospitable environment for fintech companies, consumers, and investors. [ABSTRACT FROM AUTHOR]
- Published
- 2023