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by Stefan Loesch
A Guide to Financial Regulation for Fintech Entrepreneurs
Cover
Title Page
About the Book
Acknowledgments
About the Author
PART I: Fintech Regulation and Strategy
CHAPTER 1: Regulatory Strategy for Fintech Companies
1.1 Regulation
1.2 A Regulatory Strategy Framework
CHAPTER 2: Overview of Financial Services Regulation
2.1 Types of Regulation
2.2 Strands of Regulation
CHAPTER 3: Regulation in Practice
3.1 Sources of Regulation
3.2 Regulatory Models
3.3 Fintech Regulation
CHAPTER 4: The Financial Services Industry
4.1 Classic and Corporate Banking
4.2 Specialised Lending
4.3 Investment Banking and Advisory
4.4 Payments
4.5 Asset Management
4.6 Brokerage and Transaction Services
4.7 Insurance
4.8 Others
CHAPTER 5: Retail Financial Services Products
5.1 Payments and Deposits
5.2 Retail and SME/Mid‐market Lending and Credit
5.3 Retail Investments
5.4 Other Products
5.5 Insurance
5.6 Financial Advisory
CHAPTER 6: Wholesale Financial Services Products
6.1 Wholesale Credit
6.2 Wholesale and Specialist Asset Management
6.3 Primary Markets and Origination
6.4 Sales, Trading, Brokerage, and Exchanges
6.5 Settlement, Custody, and Ancillary Services
6.6 Advisory and Research
PART II: Selected Regulations in Detail
SHEET 1: Alternative Investment Fund Manager Directive
1.1 General
1.2 Authorisation to Market
1.3 Interaction with Regulators
SHEET 2: Anti Money Laundering Directive
2.1 Definition and Scope
2.2 Implementation
2.3 Obligations of All Companies
2.4 Financial Intelligence Units and Cooperation
2.5 Information Requirements on Transfers of Funds
SHEET 3: Bank Recovery and Resolution Directive
3.1 Definition and Scope
3.2 Preparation
3.3 Execution
3.4 Ancillary Regulations
SHEET 4: Cross‐Border Payments Regulation
4.1 Definition and Scope
SHEET 5: Consumer Contracts Directive
5.1 Definition and Scope
SHEET 6: Consumer Credit Directive
6.1 Definition and Scope
6.2 Information to Be Provided Before Concluding an Agreement
6.3 Credit Assessment and Credit Databases
6.4 Information to Be Provided with Agreements
6.5 Consumer Rights Under Credit Agreements
6.6 Annual Percentage Rate of Charge (APR)
SHEET 7: Capital Requirements Directives
7.1 General Background on Basel and CRD
7.3 Capital Requirements Overview
7.4 Capital Requirements for Credit Risk
7.5 Capital Requirements for Non‐credit Risk
7.6 Leverage Ratio
7.7 Liquidity Risk
7.8 Pillar 3 Disclosure
7.9 Other
SHEET 8: Deposit Guarantee Scheme Directive
8.1 Definition and Scope
SHEET 9: Distance Marketing in Financial Services Directive
9.1 Definition and Scope
9.2 Information Requirements
9.3 Withdrawal and Renewal
9.4 Other
SHEET 10: European MarketInfrastructure Regulation
10.1 Definition and Scope
10.2 Central Counterparties
10.3 Trade Repositories
SHEET 11: Electronic Money Directive
11.1 Definition and Scope
SHEET 12: General Data Protection Regulation
12.1 Definition and Scope
12.2 Definition of Data
12.3 Pre‐requisites of Data Collection—Purpose and Consent
12.4 Information Requirements
12.5 Rights of the Data Subject
12.6 Data Controller Requirements
12.7 Transfer to Third Countries
12.8 Role of Supervisors
12.9 Liability
12.10 Specific Situations
SHEET 13: Market Abuse Regulation
13.1 Definition and Scope
13.2 Inside Information
13.3 Insider Dealing
13.4 Unlawful Disclosure
13.5 Market Manipulation
13.6 Requirements, Prohibitions, and Fines
13.7 Regulators
SHEET 14: Mortgage Credit Directive
14.1 Definition and Scope
14.2 General Requirements
14.3 Credit Intermediaries and Appointed Representatives
14.4 Pre‐contractual Requirements
14.5 Credit Assessment and Credit Databases
14.6 Foreign Currency and Variable Rate Loans
14.7 Arrears and Foreclosure
14.8 Other
SHEET 15: Markets in Financial Instruments Directive
15.1 Definition and Scope
15.2 Authorisation and General Requirements
15.3 Investor Protection
15.4 Trading Venues
15.5 Data Reporting
SHEET 16: Packaged Retail and Insurance‐based Investment Products Regulation
16.1 Definition and Scope
16.2 Form and Content
16.3 Provision
16.4 Monitoring, Invervention, Complaints, and Fines
16.5 Technical Provisions
SHEET 17: Payments Services Directive
17.1 Definition and Scope
17.2 Players in the Payment System
17.3 Authorisation and Regulatory Requirements
17.4 Operational Requirements
17.5 Third‐party Access
17.6 Liability and Refunds
SHEET 18: Rating Agencies Regulation
18.1 Definition
18.2 Scope
18.3 Registration and Equivalence
18.4 General Operational Requirements
18.5 Structured Finance Ratings
18.6 Unsolicited Ratings
18.7 Disclosure and Transparency
18.8 Role of EBA
SHEET 19: Undertakings for Collective Investment in Transferable Securities Directive
19.1 Key Elements
19.2 Management Companies
19.3 Depositaries
19.4 Investment Policies
19.5 Investor Information
19.6 General Obligations of UCITS’
19.7 Cross‐border Distribution and Passporting of Funds
19.8 Regulators and Regulatory Powers
19.9 Other
SHEET 20: Unfair Commercial Practices Directive
20.1 Definition and Scope
20.2 Misleading Practices
20.3 Aggressive Practices
20.4 Enforcement
Appendix A: Important Definitions from European Legal Texts
Appendix B: Abbreviations Used for Legal References
Index
End User License Agreement
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A Guide to Financial Regulation for Fintech Entrepreneurs
A Guide to Financial Regulation for Fintech Entrepreneurs
STEFAN LOESCH
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