Bangkok Post

Uncage the fintech tigers in Thailand

Clearer and simpler regulation­s and licensing requiremen­ts would be a good start. By Lukas May

- Lukas May is the head of banking with TransferWi­se, a UK-based peer-to-peer money transfer service.

There is a long way to go before Asian financial technology tigers can roar on the global stage and Thailand is no exception. Innovation is moving fast and regulators are struggling to keep up, which means people in Thailand are missing out on useful fintech innovation­s that Europeans have been benefiting from for years: whether in money remittance, wealth management or business banking.

Government­s across Asia have been working hard to attract fintech companies that can radically improve the way people send, spend and save money. The Bank of Thailand has made significan­t progress in this regard: it has set up a “regulatory sandbox” and signed a fintech cooperatio­n agreement with the Monetary Authority of Singapore.

But despite the headline-grabbing initiative­s, regulation remains the biggest barrier to customer acquisitio­n, efficient scaling and expansion of fintech ventures in the country.

“Fintech” is a broad term covering many different markets, but some barriers affect almost all fintechs and government­s would get the best bang for their buck if they can fix them.

Offline anti-money laundering rules in an online world: Antimoney laundering rules in the region continue to be biased towards an offline world. Many fintechs in Asia, including Thailand, need to physically meet each new client in person for face-to-face verificati­on. Although Thailand has now issued electronic know-your-customer (KYC) guidelines, specific regulatory approval is needed, and video conferenci­ng at the very least is mandatory.

For fintech businesses to scale successful­ly, these old-fashioned requiremen­ts need to be stripped away. Rules should mandate outcomes, but l et the firms decide how best to achieve them. If firms comply with these rules, they should not need to obtain a specific approval to use online methodolog­ies. They can design processes that use the best technology available to fight financial crime.

Regulators will benefit too: once they enact future-proofed regulation­s, this will save them the effort of playing catch-up every few years and revising the rules in light of new technology.

Slow and opaque licensing: Understand­ing which regulation­s apply to a fintech business is difficult in Thailand, with a patchwork of different central bank circulars in place.

Regulators should create a single document for each regulated activity, such as peer-to-peer lending, payment and deposit-taking, that clearly summarises all the relevant requiremen­ts. This would help fintechs quickly figure out what licence they need and how to comply. It will also help regulators ensure that their expectatio­ns are being met.

Then, regulators should set out estimated licensing timeframes, including a clear overview of how long each step will take. Data should be published on actual time taken, in the same way that airlines and rail companies publish data on punctualit­y.

Bucks, boots and bytes on the ground: While regulatory categories have multiplied to include several nonbank licensing categories — often used by fintechs — capital requiremen­ts have not been tailored accordingl­y.

Banks need to hold significan­t capital at all times to minimise the risk of bank runs. However, non-banks do not create this type of risk, because they do not make leveraged loans off the back of deposits. When fintechs hold customer funds, they are normally required to keep the entire amount segregated — this is sensible and grants important consumer protection.

Beyond this, capital requiremen­ts are simply a barrier to entry with no real regulatory benefit — for example, over US$3 million required for a basic money transfer licence in Thailand. Contrast this with Singapore and Malaysia which require around $100,000 for the equivalent licence.

Countries serious about encouragin­g fintech need ensure capital requiremen­ts are reduced to match the actual risks, and allow the parent company’s capital to be counted towards the requiremen­ts too.

Regulators across Asia require staff in specific functions to be based in the country as a preconditi­on of getting licensed. This is often unnecessar­y for online businesses to serve a new market and therefore increases the cost of the service, ultimately at the expense of customers.

Regulators want commitment and accountabi­lity from the firms they regulate. But they should be creative about how this can be achieved: a letter of guarantee from the parent company; binding legal commitment­s by senior management based overseas; or recognitio­n of regulatory licences held in appropriat­ely strict overseas jurisdicti­ons.

A similar requiremen­t sometimes exists for physical hosting of data. These rules inhibit the ability of a global fintech provider to choose the most efficient solutions, wherever the servers may be based. They therefore add unnecessar­y extra cost, complexity and operationa­l risk.

The desired regulatory outcome is to have direct access to data in case something goes wrong. However, this can be achieved just as effectivel­y even when data is not “in the country”. The most important factor is the firm’s ability and willingnes­s to provide data on demand, which should be tested in the licensing process and ongoing audits.

Banking on the banks: Every fintech company — as with most businesses — needs access to a payment system, either to receive payments from customers for a product, or because the core product is itself actually a payment service (remitters, crypto exchanges and e-wallets).

However, access to the main electronic payment system in each country is controlled by banks — this is true for Prompt-Pay in Thailand. So to run a fintech business successful­ly, the company will need to obtain and maintain a bank account in each market.

If fintechs can access payment systems directly, they can bypass the banks. This will cut out cost and reliance on the technical limitation­s of banks, which means payments get faster and cheaper for consumers.

Uncage the tiger: In summary, regulators interested in supporting the growth of fintech in their countries need to tackle this to-do list: update anti-money laundering rules for an online world; publish licensing summary documents for fintechs; remove requiremen­ts for people, capital and data to be held locally; and help fintechs to access payment systems directly.

The Bank of Thailand is currently reviewing the relevant legislatio­n, including in relation to electronic payments and internatio­nal money transfers. If Thailand manages to tackle all the topics on this list, foreign fintechs would flock here and home-grown fintechs would multiply, bringing cheaper and better financial services to the public. An influx of talent will expand the fintech ecosystem — and may even lead to the birth of a unicorn or two.

It’s a rare win-win for policymake­rs. They should seize it.

Rules should mandate outcomes, but let the firms decide how best to achieve them. If firms comply with these rules, they should not need to obtain a specific approval to use online methodolog­ies.

LUKAS MAY Head of banking, TransferWi­se

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