Fintech
The specter of Synapse’s commingled funds haunts the bankruptcy process
If there is one guarantee in FinTech, and particularly in banking as a service, it is that there will be more regulations.
There is likely to be tighter governance and transparency in the oversight of accounts – in particular, ensuring there is no commingling of funds.
The blurring of lines between where money is moved, where it is held, and who can access the dollars when the funds are withdrawn, ends up being a headache when it comes to tracking fund flows, paying the IRS or make customers whole.
Case in point: as noted in this one send on X (formerly Twitter) from Jason Mikula of FinTech Business Weekly, former CEO of bankrupt Synapse Sakaet Pathak reportedly said during the company’s creditors’ hearing this week that “Synapse may have commingled end-user funds, operating and reserve funds from fintech programs, and Synapse’s own operating funds in FBO accounts at Evolve.”
OH:
Synapse may have commingled end-user funds, operating and reserve funds from fintech programs, and Synapse’s own operating funds in Evolve’s FBO accounts, former CEO Sankaet Pathak said under oath at yesterday’s creditors’ committee hearing .
—Jason Mikula (@mikulaja) June 11, 2024
A tortuous path
Untangling and unfreezing account holders’ assets may become much more complicated.
Like PIMNTI reported On Monday (June 10), during last week’s hearing that highlighted the remarks and strategies of court-appointed trustee Jelena McWilliams in the Bankruptcy Court for the Central District of California, there is a deficit of approximately $85 million and McWilliams said restoring access to customer funds is challenging.
There is no money to get a forensic accountant on the case to track down what happened and reconcile the funds. We noted that Evolve Bank and Trust, one of Synapse’s partner banks, has apparently struggled to reconcile its deposits with Synapse’s proprietary accounting system due to its complexity and lack of experienced staff.
Determine who is owed what
Some future paths have already been proposed, including a scenario where assets held in the designated “for the benefit of” (FBO) Synapse Brokerage account could potentially be consolidated into a single account, with the appointed trustee and supervising court determining the appropriate disbursement amounts to each individual end user.
But if there has been commingling, as suggested above, the waters are a bit muddy in terms of what will be disbursed and to what appropriate party.
The rise of FinTech services companies has been meteoric, but in at least some cases regulators have come knocking. Like PIMNTI reported in September, Solid Financial was accused of falsifying revenue data to woo investors. The company took what it called a “very aggressive” approach to acquiring new customers, without doing its due diligence to vet those customers.
THE Federal Deposit Insurance Corps (FDIC) has also been busy.
The agency has issued several “cease and desist” orders warning of false claims by digital startups that their customer accounts are, in fact, guaranteed by deposit insurance, PYMNTS reported Tuesday (June 11).
The laws are such that businesses are prohibited from “making false or misleading statements about deposit insurance, using the FDIC name or logo in such a way as to imply that an uninsured financial product is insured or guaranteed by the FDIC, or knowingly misrepresenting the scope and method of deposit insurance”. Cease and desist letters have been sent to companies such as Prizepool, AmeriStar and virtual wallet company Organo Payments.
The FDIC earlier this month issued a consumer news bulletin stating that when consumers open accounts through nonbank companies, “it is not always clear to consumers whether they are dealing directly with an FDIC-insured bank or with a non-banking company”.
Funds sent to a non-bank company are not eligible for FDIC insurance “until the company deposits them in an FDIC-insured bank and after other conditions are met,” according to the FDIC. Mixed accounts would make it difficult to know whether individuals’ and businesses’ funds are separated to ensure those funds are insured.
Fintech
US Agencies Request Information on Bank-Fintech Dealings
Federal banking regulators have issued a statement reminding banks of the potential risks associated with third-party arrangements to provide bank deposit products and services.
The agencies support responsible innovation and banks that engage in these arrangements in a safe and fair manner and in compliance with applicable law. While these arrangements may offer benefits, supervisory experience has identified a number of safety and soundness, compliance, and consumer concerns with the management of these arrangements. The statement details potential risks and provides examples of effective risk management practices for these arrangements. Additionally, the statement reminds banks of existing legal requirements, guidance, and related resources and provides insights that the agencies have gained through their oversight. The statement does not establish new supervisory expectations.
Separately, the agencies requested additional information on a broad range of arrangements between banks and fintechs, including for deposit, payment, and lending products and services. The agencies are seeking input on the nature and implications of arrangements between banks and fintechs and effective risk management practices.
The agencies are considering whether to take additional steps to ensure that banks effectively manage the risks associated with these different types of arrangements.
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Fintech
What changes in financial regulation have impacted the development of financial technology?
Exploring the complex landscape of global financial regulation, we gather insights from leading fintech leaders, including CEOs and finance experts. From the game-changing impact of PSD2 to the significant role of GDPR in data security, explore the four key regulatory changes that have reshaped fintech development, answering the question: “What changes in financial regulation have impacted fintech development?”
- PSD2 revolutionizes access to financial technology
- GDPR Improves Fintech Data Privacy
- Regulatory Sandboxes Drive Fintech Innovation
- GDPR Impacts Fintech Data Security
PSD2 revolutionizes access to financial technology
When it comes to regulatory impact on fintech development, nothing comes close to PSD2. This EU regulation has created a new level playing field for market players of all sizes, from fintech startups to established banks. It has had a ripple effect on other markets around the world, inspiring similar regulatory frameworks and driving global innovation in fintech.
The Payment Services Directive (PSD2), the EU law in force since 2018, has revolutionized the fintech industry by requiring banks to provide third-party payment providers (TPPs) with access to payment services and customer account information via open APIs. This has democratized access to financial data, fostering the development of personalized financial instruments and seamless payment solutions. Advanced security measures such as Strong Customer Authentication (SCA) have increased consumer trust, pushing both fintech companies and traditional banks to innovate and collaborate more effectively, resulting in a dynamic and consumer-friendly financial ecosystem.
The impact of PSD2 has extended beyond the EU, inspiring similar regulations around the world. Countries such as the UK, Australia and Canada have launched their own open banking initiatives, spurred by the benefits seen in the EU. PSD2 has highlighted the benefits of open banking, also prompting US financial institutions and fintech companies to explore similar initiatives voluntarily.
This has led to a global wave of fintech innovation, with financial institutions and fintech companies offering more integrated, personalized and secure services. The EU’s leadership in open banking through PSD2 has set a global standard, promoting regulatory harmonization and fostering an interconnected and innovative global financial ecosystem.
Looking ahead, the EU’s PSD3 proposals and Financial Data Access (FIDA) regulations promise to further advance open banking. PSD3 aims to refine and build on PSD2, with a focus on improving transaction security, fraud prevention, and integration between banks and TPPs. FIDA will expand data sharing beyond payment accounts to include areas such as insurance and investments, paving the way for more comprehensive financial products and services.
These developments are set to further enhance connectivity, efficiency and innovation in financial services, cementing open banking as a key component of the global financial infrastructure.
General Manager, Technology and Product Consultant Fintech, Insurtech, Miquido
GDPR Improves Fintech Data Privacy
Privacy and data protection have been taken to another level by the General Data Protection Regulation (GDPR), forcing fintech companies to tighten their data management. In compliance with the GDPR, organizations must ensure that personal data is processed fairly, transparently, and securely.
This has led to increased innovation in fintech towards technologies such as encryption and anonymization for data protection. GDPR was described as a top priority in the data protection strategies of 92% of US-based companies surveyed by PwC.
Financial Expert, Sterlinx Global
Regulatory Sandboxes Drive Fintech Innovation
Since the UK’s Financial Conduct Authority (FCA) pioneered sandbox regulatory frameworks in 2016 to enable fintech startups to explore new products and services, similar frameworks have been introduced in other countries.
This has reduced the “crippling effect on innovation” caused by a “one size fits all” regulatory approach, which would also require machines to be built to complete regulatory compliance before any testing. Successful applications within sandboxes give regulators the confidence to move forward and address gaps in laws, regulations, or supervisory approaches. This has led to widespread adoption of new technologies and business models and helped channel private sector dynamism, while keeping consumers protected and imposing appropriate regulatory requirements.
Co-founder, UK Linkology
GDPR Impacts Fintech Data Security
A big change in financial regulations that has had a real impact on fintech is the 2018 EU General Data Protection Regulation (GDPR). I have seen how GDPR has pushed us to focus more on user privacy and data security.
GDPR means we have to handle personal data much more carefully. At Leverage, we have had to step up our game to meet these new rules. We have improved our data encryption and started doing regular security audits. It was a little tricky at first, but it has made our systems much more secure.
For example, we’ve added features that give users more control over their data, like simple consent tools and clear privacy notices. These changes have helped us comply with GDPR and made our customers feel more confident in how we handle their information.
I believe that GDPR has made fintech companies, including us at Leverage, more transparent and secure. It has helped build trust with our users, showing them that we take data protection seriously.
CEO & Co-Founder, Leverage Planning
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Fintech
M2P Fintech About to Raise $80M
Application Programming Interface (API) Infrastructure Platform M2P Financial Technology has reached the final round to raise $80 million, at a valuation of $900 million.
Specifically, M2P Fintech, formerly known as Yap, is closing a new funding round involving new and existing investors, according to entrackr.com. The India-based company, which last raised funding two and a half years ago, previously secured $56 million in a round led by Insight Partners, earning a post-money valuation of $650 million.
A source indicated that M2P Fintech is ready to raise $80 million in this new funding round, led by a new investor. Existing backers, including Insight Partners, are also expected to participate. The new funding is expected to go toward enhancing the company’s technology infrastructure and driving growth in domestic and international markets.
What does M2P Fintech do?
M2P Fintech’s API platform enables businesses to provide branded financial services through partnerships with fintech companies while maintaining regulatory compliance. In addition to its operations in India, the company is active in Nepal, UAE, Australia, New Zealand, Philippines, Bahrain, Egypt, and many other countries.
Another source revealed that M2P Fintech’s valuation in this funding round is expected to be between USD 880 million and USD 900 million (post-money). The company has reportedly received a term sheet and the deal is expected to be publicly announced soon. The Tiger Global-backed company has acquired six companies to date, including Goals101, Syntizen, and BSG ITSOFT, to enhance its service offerings.
According to TheKredible, Beenext is the company’s largest shareholder with over 13% ownership, while the co-founders collectively own 34% of the company. Although M2P Fintech has yet to release its FY24 financials, it has reported a significant increase in operating revenue. However, this growth has also been accompanied by a substantial increase in losses.
Fintech
Scottish financial technology firm Aveni secures £11m to expand AI offering
By Gloria Methri
Today
- To come
- Aveni Assistance
- Aveni Detection
Artificial intelligence Financial Technology Aveni has announced one of the largest Series A investments in a Scottish company this year, amounting to £11 million. The investment is led by Puma Private Equity with participation from Par Equity, Lloyds Banking Group and Nationwide.
Aveni combines AI expertise with extensive financial services experience to create large language models (LLMs) and AI products designed specifically for the financial services industry. It is trusted by some of the UK’s leading financial services firms. It has seen significant business growth over the past two years through its conformity and productivity solutions, Aveni Detect and Aveni Assist.
This investment will enable Aveni to build on the success of its existing products, further consolidate its presence in the sector and introduce advanced technologies through FinLLM, a large-scale language model specifically for financial services.
FinLLM is being developed in partnership with new investors Lloyds Banking Group and Nationwide. It is a large, industry-aligned language model that aims to set the standard for transparent, responsible and ethical adoption of generative AI in UK financial services.
Following the investment, the team developing the FinLLM will be based at the Edinburgh Futures Institute, in a state-of-the-art facility.
Joseph Twigg, CEO of Aveniexplained, “The financial services industry doesn’t need AI models that can quote Shakespeare; it needs AI models that deliver transparency, trust, and most importantly, fairness. The way to achieve this is to develop small, highly tuned language models, trained on financial services data, and reviewed by financial services experts for specific financial services use cases. Generative AI is the most significant technological evolution of our generation, and we are in the early stages of adoption. This represents a significant opportunity for Aveni and our partners. The goal with FinLLM is to set a new standard for the controlled, responsible, and ethical adoption of generative AI, outperforming all other generic models in our select financial services use cases.”
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