FCA introduces new rules for P2P platforms
The Financial Conduct Authority (FCA) is introducing rules designed to prevent harm to investors, without stifling innovation in the peer-to-peer (P2P) sector, following a consultation paper on October 2018.
The new rules are designed to help better protect investors and allow firms and fundraisers to operate in a long-term, sustainable manner.
“These changes are about enhancing protection for investors while allowing them to take up innovative investment opportunities. For P2P to continue to evolve sustainably, it is vital that investors receive the right level of protection,” says Christopher Woolard, executive director of strategy and competition at the FCA.
The regulator has refined its proposals to ensure the new rules protect consumers and support the P2P market. Additional guidance has been provided to make it clear that platforms will not be prevented from including information about specific investments in their marketing materials.
As originally proposed, the FCA is placing a limit on investments in P2P agreements for retail customers new to the sector of 10 per cent of investable assets. This is an important means of ensuring that they do not over-expose themselves to risk. The investment restriction will not apply to new retail customers who have received regulated financial advice.
In addition to these restrictions, the new rules cover more explicit requirements to clarify what governance arrangements, systems and controls platforms need to have in place to support the outcomes they advertise. Firms should include a focus on credit risk assessment, risk management and fair valuation practices.
It also strengthens the rules on plans for the wind-down of P2P platforms if they fail.
The FCA will also be introducing a requirement that platforms assess investors’ knowledge and experience of P2P investments where no advice has been given to them, in addition to setting out the minimum information that P2P platforms need to provide to investors.
Firms will need to apply the Mortgage and Home Finance Conduct of Business (MCOB) sourcebook and other Handbook requirements to P2P platforms that offer home finance products, where at least one of the investors is not an authorised home finance provider.
P2P platforms need to implement these changes by 9 December 2019, except for the application of MCOB, which applies with immediate effect.
The FCA will continue to closely monitor the P2P market as it develops further.