Fintech firms want to shake up banking

Fed is worried as they lack risk-management controls

WASHINGTON: The US Federal Reserve is wary of giving fintech firms such as OnDeck Capital Inc or Kabbage Inc access to the country’s financial infrastructure, putting the central bank at odds with other regulators looking to bring them into the fold.

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corp (FDIC) are exploring granting federal bank-like licences to tech-driven firms that offer financial services, such as money transfers and lending.

The plan is part of a broader push by President Donald Trump’s administration to boost small businesses and promote job growth.

Federal licences would allow fintech firms, which currently operate under a patchwork of state rules, to reduce their regulatory costs and expand into new regions and products.

However, fintech firms say they are reluctant to invest heavily in nationwide expansion without access to the payment systems, settlement services and other Fed tools and the central bank has yet to decide whether to let those lightly-regulated players in.

Many Fed officials fear these firms lack robust risk-management controls and consumer protections that banks have in place.

“They probably want access to the payments system, but they don’t want the regulation that would come with that access,” St Louis Fed president James Bullard told Reuters in November.

“I am concerned that fintech will be the source of the next crisis,” he added.

Companies such as PayPal and LendingClub Corp have attracted millions of customers by offering greater convenience or better prices than traditional banks. The OCC and the FDIC say such firms can broaden access to financial services because their low-cost models allow them to reach poorly served areas and offer small loans that are uneconomical for bigger banks.

But some fintech firms say they would be reluctant to invest the time and resources in applying for and maintaining the new OCC fintech licence unless the Fed gives them access to the payments system so they will not have to depend on banks to route money for them.

Direct access would eliminate bank routing fees, a top-five operating cost for many fintech firms and would allow them to compete more effectively with traditional lenders. “It’s hard to know if it’s worthwhile applying if you don’t know what access you’d have to the Fed services,” said Jason Oxman, CEO of the Electronic Transactions Association, which represents fintechs and banks.

“It would be helpful for the Fed to clarify.” Banks are pushing back, arguing fintech firms should access the Fed system only if they comply with the same rules banks face.

“You don’t want a new charter that skirts existing rules and regulations and call that innovation,” said Paul Merski, executive vice-president for the Independent Community Bankers of America.

Unveiled in July, the OCC special charter allows fintechs to operate nationwide under a single licence provided they satisfy some liquidity, capital and contingency planning requirements.

Currently, state regulators that oversee fintechs focus primarily on consumer protections such as capping interest rates on lending products, privacy safeguards and preventing unfair or deceptive practices. Some states may also require firms to comply with anti-money laundering rules, submit business plans or allow onsite examinations.

By comparison, nearly every aspect of banks’ operations is subject to rigorous scrutiny and multiple federal and state laws. These include a host of capital and liquidity requirements, operational risk, cyber risk, vendor risk, anti-money laundering and bank secrecy rules, fair lending and anti-discrimination lending laws. The OCC fintech charter does not permit companies to collect federally insured deposits, now a pre-condition for accessing the Fed’s payment system.

In private meetings, Fed officials in Washington are divided on the issue, with many reluctant to offer any reassurances or even guidance on how fintechs should proceed, said fintech executives.

“It’s not a two-way street, it’s a one-way radio channel right now,” said Sam Taussig, Atlanta-based Kabbage’s head of global policy, of communication with the Fed. — Reuters