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Payments regulatory news, February 2021 | Hogan Lovells

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February 2, 2021
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Payments regulatory news, February 2021 | Hogan Lovells
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Latest regulatory developments focussed on the funds sector. See additionally our Normal Regulatory Information of broad relevance within the Associated Supplies hyperlinks.

Contents

  • World Funds E-newsletter: January 2021
  • UK contactless card funds restrict: FCA consults on improve
  • UK SCA-RTS and funds and e-money method paperwork: FCA CP21/3
  • APP scams: LSB report on evaluation of CRM Code
  • Proposed codified Regulation on cross-border funds in EU: ECB opinion

World Funds E-newsletter: January 2021

We’ve printed our January 2021 Global Payments Newsletter which stories on:

  • regulatory developments;
  • fee market developments; and
  • surveys and stories.

UK contactless card funds restrict: FCA consults on improve

In a COVID-19 replace on mortgages, shopper credit score, banking and funds, the UK Monetary Conduct Authority (FCA) announced that it intends to seek the advice of on rising the spending restrict for contactless card funds from £45 to £100.

The FCA notes that, because the restrict for contactless card funds was raised to £45 in April 2020 firstly of the pandemic, individuals are more and more making use of contactless funds. It states that it is necessary that funds regulation retains tempo with shopper and service provider expectations. Due to this fact, as a part of a wider session, the FCA will shortly be searching for views on amending its guidelines to permit for a potential improve within the contactless restrict to £100. This session has subsequently been printed in FCA CP21/3; the session interval on the proposals referring to contactless is 24 February 2021.

UK SCA-RTS and funds and e-money method paperwork: FCA CP21/3

The FCA has printed a session paper, CP21/3, on adjustments to its technical requirements on sturdy buyer authentication and customary and safe strategies of communication (SCA-RTS), to the steerage in its method doc on fee companies and digital cash (e-money), and to its Perimeter Steerage handbook (PERG).

The proposals are meant to take away recognized limitations to continued progress, innovation and competitors within the funds and e-money sector (together with open banking), whereas making the funds and e-money sector extra resilient and defending customers if corporations fail.

The deadline for responses to the FCA’s proposals referring to contactless is 24 February 2021. The rest of the session proposals near feedback on 30 April 2021.

Learn extra in our separate briefing: And so it begins: FCA consults on post-Brexit changes to SCA-RTS and Payments Approach Document.

APP scams: LSB report on evaluation of CRM Code

The Lending Requirements Board (LSB) has printed a report following its evaluation of the contingent reimbursement mannequin code (CRM Code) for authorised push fee (APP) scams. The evaluation thought of how the CRM Code has been applied by corporations, adopted into the broader funds panorama, and the place enhancements are wanted to make sure better consistency in its software. Primarily based on its findings, the LSB has made ten suggestions.

The LSB will instantly start work on the suggestions. The place the suggestions require additional work, it is going to concern a name for enter by the tip of Q1 2021. The LSB will publish a timeline for its work by the tip of February 2021.

The LSB has additionally printed a data analysis to accompany the report, which offers details about varieties of APP scams, decision selections and buyer reimbursement ranges beneath the CRM Code.

Proposed codified Regulation on cross-border funds in EU: ECB opinion

The European Central Financial institution (ECB) has printed an opinion on the European Fee’s proposal for a brand new Regulation on cross-border funds within the EU to codify the present Regulation on cross-border funds.

Within the opinion, the ECB usually welcomes the codification train and notes that devices affected by codification don’t comprise substantive adjustments. Nonetheless, it opines on one provision of the proposed Regulation that was launched by Regulation 2019/518. The supply pertains to the reference to the euro international alternate reference charges issued by the ECB (ECBRRs).

The ECB is anxious that the reference to the ECBRRs within the proposed Regulation might, opposite to the targets of the ECBRRs, create incentives for some market members to commerce on the ECBRRs. Due to this fact, the ECB recommends that the reference in Article 4 of the proposed Regulation to the ECBRRs is eliminated and changed by an acceptable reference to a international alternate benchmark charge that falls inside the scope of the Benchmarks Regulation (BMR), and which can be used within the context of the forex conversion fees. The accuracy and integrity of such benchmarks, ensured by the BMR, protects the pursuits of shoppers of fee service suppliers and events offering forex conversion companies.

The ECB’s opinion features a technical working doc with instructed drafting to include the instructed modification.

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