金融科技工具包:金融科技创新的智能监管和市场方法

D. Zetzsche, D. Arner, Ross P. Buckley, Attila Kaiser-Yücel
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引用次数: 5

摘要

在过去的50年里,金融已经被数字化和数据化所改变。最新的金融科技浪潮(Fintech)正在以前所未有的速度重塑这个行业。这种数字金融转型带来了结构性变化,既有积极的影响,也有消极的影响,在中东和北非的高潜力市场可能更为明显。金融科技可以刺激竞争和产品多样性,对社会和经济产生积极影响。然而,金融体系正在发生的根本性变化要求设计适当的金融科技创新方法。需要一个生态系统,使创新与普惠金融、金融稳定、市场诚信和消费者保护相平衡。该工具包提出了政策制定者、监管机构和发展专业人员可以采用的新的监管和市场方法,以实现安全的金融科技创新。监管框架将决定金融科技的未来。遵循全球良好实践的原则(主要是基于活动的、比例的和技术中立的监管),有序阶段的监管方法有助于为创新型金融科技公司创造途径。首先,监管机构应该根据监管影响评估来确定遗留规则是否仍然有用,从而确定不合适的监管并使之现代化。其次,根据受监管活动背后的风险程度,在市场稳定和诚信条款中体现的比例监管,为新的、特别是包容性的非银行金融服务创造了支持性途径。第三,由监管机构专家组成的创新中心最适合引导金融科技公司走出监管迷宫,对市场创新产生有价值的见解,并评估分配的可能性。第四,测试和试点制度允许以观望或测试和学习的方式宽大处理,以帮助创新公司。当局可以进一步决定容忍持牌机构的创新,可能还有初创企业的创新,方法是逐案延长豁免或不作为函,宣布某些活动是允许的,或暂停某些规则。第五,监管沙盒,使测试和试点的范围标准化,允许监管机构创建一个严格定义的安全空间,为符合条件的创新公司提供特定监管要求的豁免。第六,限制性许可证允许可行的创新公司以受控的方式进一步发展其客户基础以及财务和业务资源。第七,根据企业规模的要求和许可,对创新型企业来说,全面许可证是必不可少的。在这些阶段,随着监管的严格性和成本的增加,金融科技公司的成熟度和应对风险和合规的能力也往往会提高,同时为持牌实体保持公平的竞争环境。需求侧和供给侧因素最终将推动创新创业和金融科技的发展。金融科技创新的市场方法结合了对人口金融和数字素养的支持,该部门的网络安全能力,加速计划和商业环境中的投资者友好性,以及公私学术伙伴关系中的技术集群或数字中心。以全球良好实践为基础、对当地情况作出反应并有助于形成地区一致框架的有序改革,是政策制定者支持金融科技有利生态系统的最佳选择。各方共同努力,将使创新型金融服务提供商能够利用市场和规模,并使金融科技有利于整个地区的普惠金融、竞争和经济发展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Fintech Toolkit: Smart Regulatory and Market Approaches to Financial Technology Innovation
Finance has been transformed by digitalization and datafication over the past five decades. The latest wave of technology in finance (Fintech) is re-shaping the sector at an unprecedented pace. This digital financial transformation brings about structural changes, with positive and negative effects, likely even more in the high-potential markets of the Middle East and North Africa. Fintech can stimulate competition and product variety with positive outcomes for societies and economies. The fundamental changes taking place in the financial system, however, call for the design of adequate approaches to Fintech innovation. An ecosystem is required that allows innovation balanced with financial inclusion, financial stability, market integrity and consumer protection. This toolkit presents novel regulatory and market approaches policymakers, regulators, and development professionals can adopt to enable safe Fintech innovation. Regulatory frameworks will determine the future of Fintech. Following principles from global good practice (mainly activity-based, proportional, and technology-neutral regulation), regulatory approaches in sequenced stages help to create pathways for innovative Fintech firms. First, regulators ought to identify and modernize unsuitable regulation based on a regulatory impact assessment that determines whether legacy rules remain useful. Second, proportional regulation, reflected in provisions for market stability and integrity depending on the extent of risks underlying the regulated activity, create supportive pathways for new, particularly inclusive non-bank financial services. Third, an Innovation Hub with experts of the regulatory authority is best suited to guide Fintech firms through the regulatory maze, yield valuable insights into market innovations, and assess possibilities of dispensation. Fourth, testing and piloting regimes allow to apply leniency in a wait-and-see or test-and-learn approach to assist innovative firms. Authorities can further decide to tolerate innovations by licensed institutions and possibly by start-ups by extending on a case-by-case basis waivers or no-action-letters which declare certain activities as permissible or suspend certain rules. Fifth, a regulatory sandbox, which standardizes the scope of testing and piloting, allows regulators to create a tightly defined safe space for granting dispensation from specific regulatory requirements for innovative firms that qualify. Sixth, restricted licences allow feasible innovative firms to further develop their client base and financial and operational resources in a controlled manner. Seventh, a full licence is essential for innovative firms as size requires and permits. Over these stages, as regulatory rigour and costs increase so tend to do Fintech firms’ maturity and ability to cope with risks and compliance, while maintaining a level playing field for licensed entities. Demand and supply side factors will eventually propel innovative entrepreneurship and Fintech growth. Market approaches to Fintech innovation combine the support of financial and digital literacy in the population, cybersecurity capacities in the sector, acceleration programmes and investor-friendliness in the business environment, and technology clusters or digital centres in public-private- academic partnerships. Sequenced reforms that are informed by global good practise, responsive to the local context and that contribute to regionally consistent frameworks, are policymakers best pick in support of an enabling ecosystem for Fintech. Concerted efforts will enable innovative financial service providers to tap the market and scale as well as Fintech to be beneficial for financial inclusion, competition and economic development across the region.
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