The peer-to-peer lending (P2P) industry is now regulated by the Financial Conduct Authority (FCA). Lending Works is fully supportive of the regulation as we believe it is essential for the credibility and reputation of the industry.
The Regulation is a new and important milestone in the P2P Lending industry, and provides some basic guidelines to support the industry.
As it has in other countries, P2P is expected to transform the lending business and reduce funding gaps in the Thai market. But how sustainable has price growth been, and could we be in the midst of a bubble? They have stipulated that a P2P platform provider must: Directors of the platform provider must be “fit and proper,” meaning that they must not have been involved in or accused of fraud or corruption, must not demonstrate a lack of qualifications or professional standards, and must be financially sound. Can the Provider opt to support the lawsuit by providing assistance, or are they obliged to present facts and data relating to the lawsuit? Once registered, Providers must obtain their business license within one year from the date of the registration certificate; otherwise OJK will declare their registration certificates to be void.
not be a financial institution (including banks, although subsidiaries of banks are permitted); be a private company or public company incorporated in Thailand; have paid-in capital of at least THB 5 million; and. Under this notification, borrowers must be natural persons who: The notification also prescribes credit limits for obtaining loans, depending on the type of loan. As re-registration is not permitted, a void certificate means that a PT or a Koperasi can no longer operate as a Provider and it must ensure that any outstanding rights or obligations of each lender and borrower are settled properly. Reports: Registered Providers must submit quarterly reports to OJK covering at least: (i) number of lenders and borrowers; (ii) loan rating/quality; and (iii) activities which have been conducted postregistration.
A P2P Lending Service refers to financial services provided via an online platform that matches lenders and borrowers to facilitate entry into loan arrangements. The peer-to-peer lending (P2P) industry is now regulated by the Financial Conduct Authority (FCA). In practice, it is common for start-up IT companies to receive funding from a foreign source. Prohibited activities: Providers are prohibited from conducting specified activities, including: (i) conducting any business activities other than as regulated under the Regulation; (ii) acting as lender or borrower; (iii) providing guarantees for third party’s liability; (iv) providing recommendations to users; (v) issuing bonds/debt securities (e.g. They must possess knowledge and understanding of loans and the risks associated with P2P lending platforms by conducting client suitability assessments before providing loans. Therefore, investors should not rely on possible pay-outs from the Lending Works Shield when considering whether or how much to invest. borrowers and lenders. Providers are subject to a set of financial and technological obligations and restrictions which are tailored to promote business sustainability in general, and user3 protection in particular. Keywords: Peer to Peer Lending, Financial Regulation. 3 i.e. In recent years, peer-to-peer (P2P) lending technology has taken root in Asia, particularly in China, Singapore, and Indonesia, and the P2P market is continuing to expand significantly.
© 2018 Tilleke & Gibbins International Ltd. All rights reserved. Key provisions of the notification are below. E: [email protected]. Lending Works Retail Finance; Peer to Peer Lending; Lending Works Limited is authorised and regulated by the Financial Conduct Authority (firm reference number 723151), a member of Cifas (leaders in fraud prevention) and registered with the Information Commissioner's Office (ICO) (registration number ZA002001). 1 The Regulation came into force on 29 December 2016.
Licensed to do business in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. Rumblings from the Treasury ahead of next week's Budget suggest tax grabs will be needed to fund increased spending, and it appears UK enterprise could be in the firing line. On the face of it, a 'broken' energy market needed fixing, and the price caps introduced in early 2019 were heralded as the solution.
E: [email protected], T: +66 2056 5600 have at least 75% of its total shares held by Thais.
We strongly believe that the FCA regulation is fantastic for the industry as a whole.
Money earned through peer-to-peer lending is usually classed as income, so is taxable. © Lending Works Limited 2020. Significant uncertainties exist in respect of dispute resolution.
(leaders in fraud prevention) and registered with the Information Commissioner's Office (ICO) (registration number ZA002001). Technology, Media, and Telecommunications. Investment advisers will also welcome the sector being regulated as they can now advise and recommend to their clients what is a highly attractive product alongside other investment opportunities.
All data from this website (including statistical or market data) is protected by © and may not be used for any purpose without a licence. For example, a loan for consumer purposes is subject to a credit limit that is contingent on the borrower’s income or cash inflow.
The Regulation does not specify any maximum interest rates, and the Provider can propose interest rates for a lender and a borrower taking into account fairness (e.g. Here we articulate why targeting entrepreneurs and small business is ill advised. All data from this website (including statistical or market data) is protected by © and may not be used for any purpose without a licence. Platform providers are prohibited from holding the money, property, and securities of lenders and borrowers, so a qualified custodian is required. Lending Works Limited is authorised and regulated by the Financial Conduct Authority (firm reference number 723151), a member of Cifas (leaders in fraud prevention) and registered with the Information Commissioner's Office (ICO) (registration number ZA002001). Under the Regulation, Providers are specified as a financial institution.
This has roughly coincided with a precipitous decline in the P2P lending market in China, which underlines the importance of regulating this nascent industry.
Some key matters are highlighted in this alert. Can Providers be exposed to lawsuits in circumstances where lenders who feel aggrieved intend to file a lawsuit for loss or damage arising from a default by the borrower? Capital thresholds: A PT Provider’s issued and paid-up capital must be at least IDR1 billion (approximately USD75,100, Qualifications of employees and management: Providers must have, among others: (i) employees who have IT expertise or background, Protections for Users: The Regulation requires P2P Lending agreements. 5 Namely, agreements between (i) the Provider and the lender ("Provider-Lender Agreements") and (ii) the lender and the borrower ("Loan Agreements"). This disrupts the traditional banking model that requires a financial institution to act as an intermediary. 2 Using the exchange rate of USD1 = IDR13,300.
77/POJK.01/2016 regarding IT Based Lending Services ("Regulation"). We’ve. Existing Providers (i.e.
These include minimum capital requirements for the company operating the platform, relative to the size of its loan book. have not already obtained personal loans from three lenders. A P2P Lending Service Provider ("Provider") is an Indonesian party that provides, maintains and operates the P2P Lending Services. P2P Lending funds must be placed by lenders in virtual accounts, while repayment by borrowers must be conducted through escrow accounts, with both accounts provided by the Provider. Registration certificates and business licenses are issued by OJK. The FCA has also included a number of minimum standards to which all P2P platform providers must operate.
The business model allows lenders and borrowers to link up via an online platform. The regulatory framework has been designed primarily to achieve the following key objectives.
Annual reports must include financial statements and a P2P Lending activity report in accordance with the form prescribed in the Regulation.
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