NEWS & ANALYSIS FROM BRAITHWATE’S EXPERTS.

Anna Nicolis Anna Nicolis

Consumer Duty Board reporting

A recent poll revealed that only 1% of firms have completed their annual Consumer Duty Board report. With the deadline of July 31, 2024, fast approaching, it's crucial for firms to expedite their efforts to avoid non-compliance and potential FCA sanctions.

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Anna Nicolis Anna Nicolis

ESMA MiCA third consultation paper: a deep-dive into proposed market abuse requirements for crypto-assets

The proposed market abuse rules for crypto-assets under MiCA are based heavily on the existing TradFi rules set out in MAR. Potential challenges facing crypto firms operating in the EU include: the expansive scope of Persons Professionally Arranging or Executing Transactions (PPAETs); prohibition of certain business practices (e.g. MEV); and difficulty attributing responsibility for STOR submission.

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Anna Nicolis Anna Nicolis

Singapore’s Generative AI Model Governance Framework: impacts on the Financial Services Industry

Singapore launched its first Model Governance Framework on traditional AI in 2019, later revising it in 2020. Updating the framework again is necessary amid emerging concerns and threat scenarios surrounding the use and development of generative AI. The main aim of the new Framework is to promote public understanding and trust in technologies enabling end-users to access generative AI confidently and safely.

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James Nicholls James Nicholls

UK Car Finance Discretionary Commission Scandal: A Guide For Car Dealers, Car Finance Firms and Motor Finance Credit Brokers

As the UK Car Finance Discretionary Commission Scandal unfolds, Car Dealers, Car Finance Firms and Motor Finance Credit Brokers find themselves at the epicentre of potentially substantial financial exposure.

This guide helps Car Dealers and Car Finance Firms understand the background to the Car Finance Discretionary Commission Scandal and what they need to do to mitigate the impact on their business.

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James Nicholls James Nicholls

Introducing FintechXpndr - Accelerating International Expansion for Fintechs

FintechXpndr helps fintechs expand internationally. For firms expanding overseas, we offer a one-stop shop for strategy, regulatory licensing, company incorporation, bank account opening, accounting and tax, and company directors. For regulated firms already operating in one of our core jurisdictions, we offer an outsourced compliance and risk management service, enabling firms to focus on their core business, while we take care of the rest.

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James Nicholls James Nicholls

Why the EU’s established Investment Firms have the edge in MiCA compliance

The EU’s Markets in Crypto Assets (MiCA) regulation paves the way for the rapid growth of the European market in crypto and digital assets.

While MiCA applies to a broad spectrum of market participants, existing investment firms established in the EU hold a distinct advantage when it comes to compliance. This blog explains why.

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Anna Nicolis Anna Nicolis

ESMA publishes first consultation on detailed MiCA rules for crypto markets 

ESMA has opened its first round of consultation on technical standards under the Markets in Crypto-Assets (MiCA) Regulation, seeking feedback from industry practitioners by September 20, 2023. Topics covered include: CASP authorisation process, conflicts of interest, complaints handling and change of control.

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James Nicholls James Nicholls

FCA proposes stronger protections for borrowers in financial difficulty: consumer credit focus

Braithwate’s analysis of the FCA’s CP23/13 on Stronger Protections for Borrowers in Financial Difficulty.

These new rules represent a ratcheting up of the FCA’s expectations of how firms support customers in financial difficulty, adding another layer to firms’ Consumer Duty initiatives to enhance their arrears and vulnerable customer processes.

This blog reviews the key considerations for a consumer credit firm.

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James Nicholls James Nicholls

It’s been a *big* week for crypto regulation…

The SEC provided additional guidance on how its proposed changes to the definition of an “Exchange” will apply to crypto and DeFi;

The House Committee on Financial Services published draft legislation for payment stablecoin issuers, building on legislative proposals which have circulated over the past year; and

The EU’s Markets in Crypto-Assets (MiCA) regulation reaches the final stage of the legislative journey and will be approved by the Parliament this coming week.

This blog provides a summary of each of these initiatives and concludes with Braithwate’s perspective on what this means for the future of digital assets and crypto businesses.

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Anna Nicolis Anna Nicolis

Announcing Braithwate’s AI/ML risk management service

If you are working on an AI-driven process or product and not sure how AI risks may impact your firm, please 👋 reach out for an initial consultation. At Braithwate and Holistic AI we have proven tools and methodologies to help you adopt AI with confidence.

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James Nicholls James Nicholls

UK-Singapore FinTech Bridge

Braithwate is delighted to see the UK-Singapore FinTech Bridge established to promote collaboration between the FinTech sectors to the two countries.

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Anna Nicolis Anna Nicolis

How to manage the risk of AI bias in Identity Verification

Braithwate and HAI share insights on AI bias risk posed by the adoption of automated Identity Verification solutions as part of increasingly digitised customer onboarding journeys. In order to mitigate AI bias risk and continue to deliver fair customer outcomes, we recommend firms review their technical and qualitative approaches to AI bias risk management.

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