Fintech companies offering embedded finance products are facing an existential compliance crisis. To survive, they’ll need to overcome not one but two hurdles.

About the author

Margaret Tibbets

 

Margaret Holmes Tibbets is chief compliance officer of modern capital platform Pipe. Prior to joining Pipe, Margaret served as head of compliance at small business finance platform Lili.

She has more than three decades of experience in C-suite and executive roles across banking, lending, and financial technology. 

 

First, the mantra of “move fast and break things” will no longer cut it for companies looking to live in the financing world. They’ll need to take compliance and regulations as seriously as banks have for decades. This is a major challenge for many, who may be running with very small teams and may lack experience in compliance.

Second, they’ll need to handle compliance at a pace that’s unheard of for banks. Technology and embedded partnerships allow fintechs to onboard new merchants at an unprecedented rate. At that pace, a reactive approach to compliance just won’t do. They’ll need the teams, systems, and software in place to scale quickly without negatively impacting the compliance and safety of their products or creating unnecessary risks for their partners and merchants.

Proactive vs. reactive compliance

In the fast-paced fintech environment, waiting to address compliance issues as they occur is too risky. Fintechs need to adopt a proactive compliance strategy that anticipates potential issues and integrates preventative measures from the beginning. This approach doesn’t just mitigate risks, it also builds stronger relationships with regulators and customers, who see compliance as a sign of reliability and trustworthiness.

A proactive approach to compliance involves anticipating potential regulatory challenges and integrating solutions before they become problems. This requires a deep understanding of both the current regulatory landscape and potential future changes that could affect the business.

Leveraging technology for compliance

Technological innovation is a pivotal driver not only for business growth but also for enhancing compliance frameworks within financial services. As fintech continues to evolve, advanced compliance technologies have become indispensable for managing complex regulatory environments. These innovative tools not only simplify compliance but also enhance accuracy and efficiency, reducing the risk of non-compliance and associated penalties. Key technologies include:

  • Automated monitoring systems: These systems operate in real time, tracking and analyzing every transaction to ensure adherence to anti-money laundering, know-your-customer, and other regulatory requirements. By automating these processes, fintechs can reduce human errors and ensure continuous compliance with fewer manual oversight resources.

  • Data analytics platforms: With the power of big data, these platforms can sift through vast amounts of information to identify patterns that might indicate potential compliance issues before they become problematic. This predictive capability allows companies to proactively address risks, rather than reacting to them after they have manifested.
  • Regulatory technology solutions: RegTech focuses on streamlining the compliance process through technology. These solutions aid in automating the generation and management of reports, maintaining accurate documentation, and ensuring compliance processes are updated with the latest regulatory changes. By integrating regtech solutions, firms can not only stay compliant but also gain strategic insights that could lead to better decision-making.
  • Artificial intelligence (AI) and machine learning (ML): AI and ML can be employed to further refine compliance processes by learning from data to detect anomalies, predict outcomes, and automate complex decision-making processes. For instance, AI can be used to perform enhanced due diligence on customers in a more efficient and less biased manner than traditional methods.

By integrating these technologies, fintech companies can not only fulfill their regulatory obligations more efficiently but also position themselves as forward-thinking leaders in the financial sector. This commitment to compliance through technology not only mitigates risks but also builds trust with customers and regulators alike, paving the way for sustainable growth.

Continuous compliance improvement and employee empowerment

A proactive compliance strategy is characterized not only by its use of technology but also by its commitment to continuous improvement and employee empowerment. This approach ensures that compliance is not just about meeting the minimum requirements but is a dynamic part of the fintech’s operations, adapting to new challenges and opportunities as they arise. Here’s how this can be effectively implemented:

  • Regular risk assessments: Compliance risk assessments must be continually reviewed and refined to reflect new insights, technological advancements, and evolving regulatory frameworks. This involves regularly scheduled self-assessments that help identify the effectiveness of existing controls and pinpoint areas needing enhancement. Such reviews ensure that compliance mechanisms stay relevant and robust against both current and future risks.

  • Ongoing monitoring and independent audits: Conducting regular compliance testing and scheduling regular audits is critical for maintaining an effective compliance framework. These audits and monitoring help in not only assessing the current compliance status but also in identifying potential vulnerabilities that could lead to non-compliance. By catching these issues early, companies can implement corrective actions swiftly, thereby mitigating risks more effectively.
  • Training and education: Empowering employees with continuous education and training is vital for fostering a proactive compliance culture. This includes regular updates on the latest regulatory changes and how they impact various aspects of the business. Training programs should be comprehensive, covering new and existing laws and regulations, and tailored to the specific needs of different roles within the organization.
  • Creating a culture of compliance: Embedding a compliance mindset into the corporate culture is crucial. This means promoting an environment where compliance is seen as everyone’s responsibility, not just that of the compliance department. Encouraging open communication and providing channels for employees to report concerns without fear of reprisal are key to creating a transparent and proactive compliance environment.

Conclusion

In the rapidly evolving world of fintech and embedded finance, overcoming the dual challenges of scaling compliance and maintaining a proactive stance is not just beneficial—it’s imperative for survival. The transition from a culture of “move fast and break things” to one where meticulous compliance is a cornerstone requires a fundamental shift in mindset and operations. By leveraging cutting-edge technologies and fostering a culture of continuous improvement and education, fintech companies can not only meet but exceed regulatory expectations.

These strategies ensure that compliance becomes a seamless part of the business fabric, capable of adapting to new challenges as they emerge. It’s about building a foundation that supports sustainable growth, fosters trust among customers and partners, and establishes a reputation for reliability and integrity in the marketplace. Ultimately, those fintechs that embrace these principles are the ones that will not only navigate the complexities of today’s financial ecosystems but will lead the charge into the future of finance, setting new standards for innovation and compliance excellence.