Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
FinTech
2.
Fintech market
2.1
Which sub-sectors of the fintech industry have become most embedded in your jurisdiction?
Gibraltar

Answer ... Gibraltar’s acceptance of fintech has paved the way for innovation within Market in Financial Instruments Directive (MiFID) institutions, e-money firms and insurance businesses, with substantial fintech growth and development evident within each of these sectors.

Undoubtedly, the Distributed Ledger Technology Regulations have resulted in an increased amount of global attention, with the pool of licensed firms increasing and the industry maturing. Established companies in the electronic money and payment services sectors have similarly looked to make inroads into the fintech industry and capitalise from Gibraltar’s economic growth.

For more information about this answer please contact: Anthony Provasoli from Hassans
2.2
What products and services are offered?
Gibraltar

Answer ... The types of businesses and products currently existing in Gibraltar are varied and wide ranging, with offerings that include the custodianship of virtual assets, secondary market providers (eg, virtual asset exchanges), e-money institutions, payment service providers, MiFID firms offering alternative investment products, insurance providers and crypto-funds. All of the above are further incentivised by the government of Gibraltar’s pro-financial services innovation stance and intentions to expand the activities that would fall within the scope of the fintech regulatory landscape, opening the door to increased business opportunities.

For more information about this answer please contact: Anthony Provasoli from Hassans
2.3
How are fintech players generally structured?
Gibraltar

Answer ... Often as private limited companies in accordance with the Gibraltar Companies Act 2014 or as protected cell companies established under the Protected Cell Company Act 2001, common in the funds and insurance industries.

For more information about this answer please contact: Anthony Provasoli from Hassans
2.4
How are they generally financed?
Gibraltar

Answer ... The financing of fintech firms varies substantially. Many firms within the industry have benefited from investment by both domestic and international investors, profited due to their holdings of virtual assets as they gained popularity or used their existing business to finance their expansion into the fintech sector.

Although currently unregulated by the Financial Services Commission (FSC), many firms have conducted initial coin offerings as a means of funding or developing their business platforms. In recent times security token offerings – which are regulated under legacy frameworks such as MiFID, which was transposed in Gibraltar via the Financial Services (Markets in Financial Instruments) Act 2006 and the recently implemented EU Prospectus Regulation (2017/1129) – serve as additional avenues for fintech companies seeking to raise capital.

For more information about this answer please contact: Anthony Provasoli from Hassans
2.5
How are they positioned within the broader financial services landscape?
Gibraltar

Answer ... Firms of varying size, scale, complexity and business phase – including globally recognised, more traditional financial services businesses – are now in the process of expanding their services into the fintech industry.

Gibraltar was the first jurisdiction in Europe to create regulations specifically designed for distributed ledger technology (DLT) service providers and as highlighted above, this has already attracted established, high-profile cryptocurrency exchanges and wallet service providers. Start-up businesses have also benefited from this environment, with financial service providers across the fintech industry similarly being drawn to the jurisdiction.

The government of Gibraltar has been very supportive in the development of the DLT industry and the FSC’s DLT team has shown advanced technical knowledge of DLT, as well as the wider fintech industry, while remaining extremely approachable and willing to engage in open dialogue with applicants throughout the application process for DLT providers or any other regulated activities.

For more information about this answer please contact: Anthony Provasoli from Hassans
2.6
Do start-ups generally outsource back office functions and is there a developed market for them to access? What are the legal implications of outsourcing?
Gibraltar

Answer ... This will often depend on each business case but, it is not uncommon for start-ups to outsource back office functions. The FSC has published a guidance note on outsourcing arrangements, setting out the guiding principles for licensed firms that may look to outsource any business functions.

Any licensed firm, in accordance with the FSC’s corporate governance requirements, must adhere to ‘mind and management’ criteria which include ensuring decision making pertaining to the running of business on a day-to-day basis and various approvals (eg, operational policies and key contracts) being conducted from Gibraltar.

Broadly, this means that fintech businesses that are regulated by the FSC must have ‘fit and proper’ persons approved by the FSC undertaking key roles within the business. However, not all of these individuals need be based in Gibraltar; the overriding requirements are that the ‘four eyes’ (two individuals) criterion met on a continual basis, and that individuals assigned to fulfil these roles do so over the entire operations of the firm.

For more information about this answer please contact: Anthony Provasoli from Hassans
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Topic
FinTech