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NYDFS signs FinTech MoU with France

Chris Hamblin, Editor, London, 8 June 2020

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The New York State Department of Financial Services has signed a Memorandum of Understanding with France’s Autorité de Contrôle Prudentiel et de Résolution to ease the entry of financial technology firms into the New York and French markets. The NYDFS is the first US financial service regulator to sign a MOU with the ACPR.

The protection of investors from sharp practice is a major aim of the MoU, which (like all MoUs) does not create any enforceable rights or binding legal obligations.

When a "financial innovator" (budding software vendor) makes a written request to one regulator to operate in the other's jurisdiction, the regulator that received the request might refer the vendor to the other. It must do so in writing. It might ask the vendor to prove that it offers innovative (software-related) financial products or services that benefit investor and that it has done enough background research on the laws and regulations of the jurisdiction that it wants to enter.

The regulators intend to exchange information about regulatory issues, emerging market trends and any other subjects to do with FinTech.

Each regulator might provide a contact person for the other's IT men and/or might give them information about regulation in its country and the process of applying for authorisation. Each regulator might allow its staff to train and lecture the staff of the other.

Under article 6, each regulator agrees to use confidential information that it receives from the other in accordance with the MoU solely to carry out its regulatory functions and for the purpose for which the other regulator disclosed it.

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