Latin American Regulators do like Peer-to-Peer Lending
It’s for sure a challenge. It is not easy but that does not mean authorities and regulators are not for Peer-to-Peer Lending companies in their countries. Which regulators don’t want more financial competition in their countries, lowering interest rates to trigger financial growth and also, at the same time, allow financial inclusion due to more affordable loans?
I walked thru the buildings of the major financial authorities across the region. I exchanged ideas with them along with the most experienced lawyers across Latin America about this nascent industry and I can conclude they like the idea of embracing this kind of financial innovation. I also bet they need it. They know banks are too big for our economies and that they act as oligopolies. Santander in Chile is bigger than the whole Argentinean financial market as Itau in Brazil is bigger than the entire Colombian financial system.
Banks will certainly put up a fight. They will battle as record labels did in the past sending armies of lawyers to fight against MP3 File Sharing around the globe. Banks are more sophisticated; they use lobby firms because they are aware of their own power. Francisco Gonzalez, head of BBVA, suggested days ago, that new players are on the frontiers of regulation while Goldman Sachs defines the P2P as shadow banking.
Let's be clear. P2P is not on the edge of the regulation: there’s no applicable regulation on that. There are general laws to be complied with but this has not been regulated yet. And P2Ps are not doing banking in the shadows. Let's call things by their name: banking is to buy money from the people as low as they can and sell it as much expensive as possible to other people. That’s the reason why they install thousands of brick and mortar branches close to the people. They have already noticed that.
Intermediation does not generate value any more. Sharing economy is ruling our economies now. Cutting out the middleman and allowing those who want to get more with their own money is possible. P2Ps empower lenders to get better yield delivering matching services so they can get more by providing a marketplace where everyone wins.
Confusing P2P with banking services is part of the defensive strategy to encourage regulators to interfere. P2Ps must play collaborating role with authorities to find a better ways to interact.
This doesn’t mean regulators will welcome the arrival of unexperienced and unprepared players. At the end of the day, none of them want any financial chaos. But there are no rules yet in our markets and the speed of innovation is faster than the ability of authorities to regulate what they are still trying to understand.
P2Ps, already operating worldwide, are considered by Gartner Research (1) as "a new way of using and interacting with financial services, introducing more direct and satisfactory responses to social trends and needs demanded for years to the whole banking industry." Also, regulators are aware that Millennials increasingly see banks as irrelevant (2) and they would prefer receiving financial services from Google, Apple or PayPal rather than banks.
In the meantime, if you like to start a P2P in Latin American countries you must regulate yourself, find best practices around the globe, be prudent and follow the good advices written by Eleanor Kirby and Shane Worner from International Organization of Securities Commissions (IOSCO)
To sum up, the top 10 advices to play P2P business in Latin American region are:
1. Select the right attorney: he/she guides you to build the proper legal structure.
2. Introduce yourself to authorities before launching: it’s better to start with them.
3. Be transparent: is the foundational value to generate trustworthiness.
4. Educate your market: to cement a long lasting relationship with your community.
5. Delight your customers: that’s the best way to differentiate from banks from day 1.
6. Price the risk accordingly: your core business is to help lenders get better yield.
7. Use the technology to play efficiently: it is the right path to build a lean organization.
8. Comply with Anti Money Laundering rules: you will always want to avoid AML problems.
9. Create secondary market: to help your lenders get liquidity when they want to get out.
10. Asses taxes thoroughly: There might be unclear or none regulation but taxes are the opposite.
1.Gartner Research, The Future of Social Lending. 2. http://www.fastcompany.com/3027197/fast-feed/sorry-banks-millennials-hate-you