Compliance with the rules in the client assets sourcebook (CASS) has never been more important, and has been a regulatory priority since the financial crisis and the collapse of Lehman Brothers in 2008. Over the course of a 12 month period a series of new requirements are coming into force, the first of which took effect on 1 July 2014, with a second set on 1 December, and a final implementation deadline of 1 June 2015. This articles looks at the evolving client asset regime and considers examples of the latest rule changes.
In general terms, all firms carrying on investment-related business are covered by CASS, although EEA passported firms (providing services or through branches) are regulated by home Member State supervisors.
CASS comprises a number of chapters, each dealing with a different area. CASS 7 lies at the heart of the regime. Firms must segregate monies received from, or held for, clients in the course of investment business by paying it into a client money account segregated from the firm’s own money. It imposes a statutory trust to protect client funds from a firm’s creditors in the event of its insolvency. The aim is to return client money with minimum delay, an objective which, in practice, has not been achieved as was demonstrated in the administrations of Lehman Brothers International (Europe) Limited and MF Global UK. In the 2012 Lehman Brothers money case, the UK Supreme Court held that the statutory trust under CASS 7 arises on receipt by a firm of client money and applies to all identifiable client money, whether or not actually segregated.
Prior to the financial crisis, client money supervision was low key and, generally, low priority. Since then, matters have changed dramatically.
Apart from facilitating the prompt return of client assets, other rule changes motivated by the collapse of Lehman Brothers include requiring prime brokers to report to clients on a daily basis on cash values, the placing of restrictions on the liens that can be exercised by firms over clients’ assets and on the amount of intra-group deposits.
A prohibition on the use of title transfer collateral arrangements (TTCA) has now been extended for retail clients when transacting in certain rolling spot forex contracts. This will prevent firms using client money and assets to fund their trading activities.
In 2012, CASS Resolution Packs were introduced. These are the equivalent of “living ills” for banks and require firms to prepare and maintain packs to be used in the event of their insolvency in order to facilitate the return of client money and assets.
There have also been amendments to align CASS with the European Markets and Infrastructure Directive (EMIR).
In 2010, the then FSA set up a Client Asset Unit, bringing together in one place specialist risk, supervision and policy functions. The unit works alongside supervisory teams, providing specialist assessments and analysis. In common with other aspects of FCA supervision, firms may expect a judgment led, intensive and intrusive approach.
The FCA sends reminders to firms and compliance officers about their regulatory responsibilities, for example, through Dear Compliance Officer and Dear CEO letters. The purpose is to leave firms in no doubt as to the FCA’s expectations. Inadequate senior management oversight and control often give rise to the most serious CASS contraventions.
Compliance with CASS is independently verified through annual reports prepared by firms’ auditors. Given their importance, the FCA has sought to improve their quality by clarifying the rules, working with the Financial Reporting Council (which oversees auditors), and seeking to increase awareness by auditors of their responsibilities.
The Client Money and Assets Return (CMAR) was reintroduced with large and medium sized firms having to submit these to the FCA monthly through the GABRIEL online system. CMARs, together with other key data sources, help the Client Asset Unit to prioritise its risk-based supervisory approach.
A new Client Assets Oversight function (CF10a) was created to improve governance and oversight in large and medium CASS firms and, in particular, to increase senior management focus on the issue. An individual holding this role has ownership of CASS policies, reports to the firm’s board and submits the CMAR. A new office holder in a larger firm can expect to be interviewed by supervisors; as a corollary they should insist on having sufficient authority and resources given the responsibility placed on them. In small CASS firms operational responsibility will lie with the holder of the compliance oversight function.
Enforcement & common errors
Since 2008, there has been a steady flow of enforcement cases. The most common contraventions concern failures in firm’s governance, especially over having adequate systems and controls in place and following up deficiencies once identified. Typical examples are:
- a failure to locate trust acknowledgement letters from banks or other third parties for their client money accounts, and check whether they contain the required details to ensure client money would be held on trust in the event of the firm’s default;
- client money and assets reconciliations being incorrectly performed, delayed or completely overlooked; and
- Permitting the inter-mingling of client and own monies and, therefore, paying business expenses out of client money and creating a shortfall.
Review of the client asset regime
In July 2013, the FCA published proposals in Consultation Paper CP13/5, and after carefully considering industry feedback, a Policy Statement PS14/9 was finally published in June 2014 setting out conclusions and final rules. The rule changes are extensive. Their principal theme is to improve clarity around the rules and the provision of information to clients.
Those changes coming into force from 1 December 2014 include rules around written custody agreements, acknowledgment of trust letters, TTCA – written agreements, “delivery versus payment” commercial settlement systems and the information to be given to clients about client asset arrangements prior to providing investment services. In respect of the banking exemption, banks will have to provide more information to customers, including notification of the basis on which monies are held and the applicable protections.
Improvements in firms’ compliance with CASS has been a key regulatory priority since 2008 and will remain so for the foreseeable future. The FCA is not just concerned with the risk that client assets or funds may be at risk of loss were a firm to become insolvent, but that CASS failings will delay and/or impede their prompt return. Firms should remember that most enforcement cases arise from a failure to fulfil basic requirements.
David Heffron, partner, head of financial regulation group at Addleshaw Goddard LLP
“David advises on regulatory and commercial matters in the financial services sector, including all aspects of the Financial Services & Markets Act 2000 and FCA Handbook His clients include banks, building societies, insurers, brokers and other financial services providers.“
FSS and India Post Payments Bank AePS Partnership Advances Financial Inclusion in India
New Delhi, January 12th,2020: FSS (Financial Software and Systems), a leading global payment processor and provider of integrated payment products, today announced partnering with India Post Payments Bank (IPPB) to promote financial inclusion among underserved and unbanked segments. As part of the collaboration, IPPB will use FSS’ Aadhaar Enabled Payment System (AePS) to deliver interoperable and affordable doorstep banking services to customers across India.
FSS’ AePS solution combines the low-cost structure of a branchless business model, digital distribution, and micro-targeting that lowers acquisition costs and improves reach. This strategic partnership offers significant opportunities to bring millions of unbanked customers into the financial mainstream. Currently, there are nearly 410 million Jan Dhan accounts in India. A primary reason for low usage of banking and payment services is the challenge of accessibility in rural areas and the cost of maintaining active accounts — including transaction and transport— outweigh the benefits. In rural and peri-urban areas, the average time to reach a banking access point potentially ranges between 1.5 and 5 hours, compared with the average of 30 minutes in urban areas.
Leveraging its vast network of over 136,000 post offices, and 300,000 postal workers, IPPB has been setup with the vision to build the most accessible, affordable, and trusted bank for the common man in India to deliver banking at the customer’s doorstep. With the launch of AePS services, IPPB now has the ability to serve all customer segments, including nearly 410 million Jan Dhan account holders, giving a fresh impetus to the inclusion of customers facing accessibility challenges in the traditional banking ecosystem.
Speaking on the tie-up, Mr.Krishnan Srinivasan, Global Chief Revenue Officer, FSS said, “We are proud to be IPPB’s technology partner in this monumental nation-building exercise. The collaboration is evidence of FSS’ deep payments technology expertise and commitment to bringing viable, market-leading innovations that promote financial deepening. FSS’ AePS solution combined with IPPB’s expansive last mile distribution reach empowers citizens of the country with a range of digital payment products and advance India’s vision towards less-cash economy.”
“Through the vast reach of Department of Posts network along with the advent of the interoperable payment systems to drive adoption, IPPB is uniquely positioned to offer a range of products and services to fulfil the financial needs of the unbanked and the underbanked at the last mile. Having launched AePS services, the Bank has become the single largest platform in the country for providing interoperable banking services to customers of any bank. The strategic partnership with FSS provides us with an opportunity to expand the portfolio of financial services and improve customer experience whilst maintaining operational efficiency, thus building a digitally inclusive society,” said Mr. J. Venkatramu, MD & CEO, India Post Payments Bank.
The infrastructure created by IPPB addresses the accessibility challenges faced by customers in the traditional banking ecosystem. It fulfils the Government’s objective of having an interoperable banking access point within 5 KM of any household and creating alternate accessibility for customers of any bank.
The operation of FSS’ AePS solution is based on agents performing transactions on behalf of customers using a tablet, micro-ATM or a POS device. The system is device agnostic and can accept transactions originating from any terminal. Customers of any bank can access their Aadhaar-linked bank account by simply using their fingerprint for cash withdrawal, balance enquiry and transfer of funds into an operating IPPB account, right at their doorstep. FSS’ AePS exposes APIs to third parties to develop an expansive services ecosystem and extend a broad suite of financial products and tools including micro-insurance, micro-savings, micro-finance, mutual fund investments, enabling the bank to further services adoption among low and moderate-income consumers.
FSS (Financial Software and Systems) is a leader in payments technology and transaction processing. FSS offers an integrated portfolio of software products, hosted payment services and software solutions built over 29+ years of experience. FSS, end-to-end payments products suite, powers retail delivery channels including ATM, POS, Internet and Mobile as well as critical back-end functions including cards management, reconciliation, settlement, merchant management and device monitoring. Headquartered in India, FSS services leading global banks, financial institutions, processors, central regulators and governments across North America, UK/Europe, Middle East, Africa and APAC. For more information visit www.fsstech.com.
About India Post Payments Bank
India Post Payments Bank (IPPB) has been established under the Department of Posts, Ministry of Communication with 100% equity owned by Government of India. IPPB was launched by the Hon’ble Prime Minister Shri Narendra Modi on September 1, 2018. The bank has been set up with the vision to build the most accessible, affordable and trusted bank for the common man in India. The fundamental mandate of IPPB is to remove barriers for the unbanked & underbanked and reach the last mile leveraging a network comprising 155,000 post offices (135,000 in rural areas) and 300,000 postal employees.
IPPB’s reach and its operating model is built on the key pillars of India Stack – enabling Paperless, Cashless and Presence-less banking in a simple and secure manner at the customers’ doorstep, through a CBS-integrated smartphone and biometric device. Leveraging frugal innovation and with a high focus on ease of banking for the masses, IPPB delivers simple and affordable banking solutions through intuitive interfaces available in 13 languages.
IPPB is committed to provide a fillip to a less cash economy and contribute to the vision of Digital India. India will prosper when every citizen will have equal opportunity to become financially secure and empowered. Our motto stands true – Every customer is important; every transaction is significant and every deposit is valuable.
Be Future-Ready: The Case for Payments as a Service (Paas)
By Barry Tarrant, Director, Product Solutions, Fiserv
Over the years, financial institutions have faced a myriad of changes in regulations, technology and customer expectations. Banks are now having to deal with the competing demands of maintenance and compliance on the one hand, and the need to innovate and deliver value-added services on the other. The balance of effort is increasingly consumed by the former with the share of investment in innovation and value generation being squeezed.
COVID-19 has changed customer behaviour, which will accelerate the need for more digital innovation, adding further to the demand on technology resources that are already stretched to the limit. While future investment plans may remain uncertain, banks need to consider several factors for their technology strategy, such as efficiency, where to invest and how to reduce capital expenditure.
It is apparent that the traditional approach to implementing and updating technology is no longer sustainable in the long-term.
The true cost of outdated technology
Maintaining technology has always been a challenge. What makes it more important now than ever is that innovation expectations have become far greater and exist on multiple simultaneous fronts. Today, there is more demand for product innovation, alongside the need to deliver consistently across multiple channels. On top of this, banks are facing structural changes, such as the convergence of payments.
Faced with this combination of imperatives, many banks are finding that continuing to maintain their payments technology in-house is no longer the most viable option.
Banks that persist with existing in-house infrastructures are in many cases spending large sums just to keep up, with little left for innovation. This can put them at a distinct disadvantage in today’s digital environment, where challenger banks and fintechs are fully embracing tools like the cloud to optimise operations while delivering truly transformational customer experiences.
Maintaining technology can be quite costly, and leveraging shared payment innovation can result in notable cost savings. Additionally, there are savings to be had in the areas of capital costs, opportunity costs, regulatory or payment scheme compliance costs, and the inevitable one-off costs from technology or infrastructure upgrades.
And as the options available for customers to initiate payments across card and non-card payment rails increase, this will drive a convergence of the technology that supports the processing of those payments, further increasing the demand for change.
In this environment, migrating to an alternative technology strategy, such as PaaS, can be a strategic and cost-effective decision.
One solution to mitigate the risks and costs associated with maintaining technology is to outsource payments activity to a PaaS provider. The most obvious advantage here is cost reduction. However, there are many other positive and significant financial benefits that can be realised in terms of reduced capital expenses and the associated effects on balance sheet and free cash flow. This is particularly important in the current environment as capital investment comes under even more scrutiny.
Running a robust platform is a PaaS provider’s primary business, whereas for a bank it is just one of the many areas in which it has to invest. A PaaS provider is compelled to continually reinvest to ensure their technology never stands still long enough to become outdated, while also recruiting high-calibre personnel to support and advance it.
Geographical scale can also add value and increase opportunities for innovation. A PaaS provider with clients around the world sees and delivers innovation globally, which can be redeployed elsewhere rapidly and at a lower cost than custom development. Also, a global processing network can serve as a worldwide payments intelligence network, detecting trends, such as new payment types, consumer payment behaviour and cyberthreats.
One further consideration is how payments have become increasingly commoditised in recent years. As traditional revenue streams from payments have declined, it makes even less financial sense to retain payment processing in-house. By adopting PaaS and benefiting from the associated cost savings, retained payment margins can be maximised, simultaneously freeing up resources that can be diverted to innovation and value-added activities, such as enhancing customer experience and building the franchise.
Debunking the myths
Despite the compelling business case for banks to adopt PaaS, some remain reluctant to do so because of various myths. One example is the belief that outsourcing data is inherently risky. The reality is, in fact, the opposite. PaaS providers have the scale, resources and procedures to address and invest in key priorities – for example, cybersecurity. Keeping things in-house can actually create greater data security risk if resource constraints are an issue.
Budgetary considerations aside, experience and specialist tools are also major points of difference here. A typical bank IT manager might experience two or three major transition projects in their entire career. In contrast, teams at a PaaS provider collectively will have experience successfully delivering many major transformation projects, and will have also developed a whole range of specialised implementation adapters and toolkits that are continually enhanced and expanded.
Be more agile and tactical
When technology becomes outdated it can easily go from an asset to a liability. While COVID-19 has emphasised this reality for some, truly appreciating it requires a comprehensive assessment of existing technology and its long-term impact on business. Outsourcing through PaaS has a wealth of benefits that can radically transform this situation. Financial institutions can become more agile and tactical so they can continue to innovate and provide services that customers demand while differentiating themselves from the competition.
Teaching Your Kids to Build Good Credit: The One Tool You Never Knew You Needed
Teaching your kids about money can be tricky. You want them to understand the value of a dollar without putting undue pressure or stress on them too early on. It’s essential to have productive conversations with your children around money so they can have the knowledge to guarantee their own financial well being when they become adults. One of the most important conversations to have with your kids is on the importance of building good credit, the steps they can take to do so, as well as techniques for avoiding the risks of poor credit. While you may have already thought to educate them on credit cards and loans, there is one tool you may have never considered that can help you underline this lesson. Read on to find out more.
Tradelines – What Are They?
A tradeline is defined as a record of activity for any type of credit that has been extended from a lender to a borrower and is also reported to a credit reporting agency. In short, a tradeline is a record-keeping mechanism that tracks all of the activity associated with that borrower’s account. For each credit account you have, you will have a tradeline. Generally, tradelines are one of the most widely used tools credit agencies use to calculate an individual’s credit score.
Tradelines typically include the following information:
- The name and address of the lender
- The type of account
- Partial view of the account number
- Current status of the account
- The date the account was opened
- The date the account was closed (if it has been closed)
- The date of last activity
- The current account balance
- The original loan amount or credit limit
- The monthly payment amount
- The recent balance (only applicable for credit cards)
- The payment history
The Type of Tradeline You Never Knew You Needed
When it comes to educating your child on the logistics of building good credit, there is a specific type of tradeline that can help achieve this goal: AU tradelines. In this case, AU stands for authorized user. In this type of tradeline arrangement, a parent can add their children to their tradelines as a means of aiding in building their credit. In other words, AU tradelines are the perfect tool to get your kid’s finances started on the right foot as they enter adulthood. By providing your child with this assistance early on, you will not only boost their credit, but you will teach them a valuable lesson on how to “futureproof” their credit management and use such tools to their benefit.
Ultimately, holding constructive conversations with your kids around responsible financial practices is an essential step in guaranteeing their future prosperity. Not only will you enhance your children’s understanding of valuable financial tools, but you will set them on the path to financial security and freedom. The more freedom and stability they have, the sooner they will be able to achieve their financial goals of buying a car, a home, or paying for their education. At the end of the day, you cannot put a price on that kind of peace of mind.
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