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Insider Insights: Tips for Smooth Interaction with the FCA as a Payments Services/E-money Firm

Author: Anthony Corner - Connect with Anthony Corner on LinkedIn 


As a former employee of the Financial Conduct Authority (FCA), I've witnessed at first-hand the dynamics of interactions between the regulator and payments services and E-money firms. Navigating the FCA's regulatory landscape can be challenging, but with the right approach, it can be a rewarding experience that enhances your firm's reputation and builds trust with customers. Below, I'll share valuable hints and tips for firms to foster a positive relationship with the FCA and ensure compliance.

Key points to consider

1. Understanding Your Business Model: Before engaging with the FCA, ensure you have a deep understanding of your firm's business model. This involves having a clear outline of the services you provide, your target market, the risks you face, and your operational processes. A well-defined business model enables you to align your practices with FCA regulations and expectations, making it easier to demonstrate compliance during the regulatory review process.

2. Demonstrating Customer Benefit: One of the key areas the FCA focuses on is customer protection and the benefits your services offer to consumers, particularly with the Consumer Duty due to come into force at the end of July 2023. Showcasing how your firm benefits your customers is vital. Highlight your commitment to fair and transparent pricing, user-friendly interfaces, data security measures, and reliable customer support. This customer-centric approach will not only impress the FCA but also strengthen your brand in the eyes of your clientele.

3. Understanding the FCA's Priorities: Staying abreast of the FCA's priorities is essential for payments services and E-money firms. Firm’s should regularly review the FCA's strategic documents and publications to understand its current areas of focus. This will include reviewing ‘Dear CEO’ letters recently issued by the regulator and engaging with its key priorities for the coming period. Tailor your business strategy and operations to align with these priorities, as it demonstrates your commitment to operating within FCA regulations.

4. Comprehending Safeguarding: Safeguarding customer funds is a crucial aspect of the FCA's oversight, especially for payments services and E-money firms. Your firm must have robust safeguarding arrangements in place to protect your customers' funds in the event of insolvency. Ensure that customer funds are securely segregated from your firm's own funds and kept in separate accounts. Understanding and adhering to safeguarding requirements is non-negotiable when dealing with the FCA.

5. Honesty and Transparency: Maintaining a relationship of trust with the FCA is paramount. Always be honest and transparent in your dealings with the regulator. Never attempt to deceive or withhold information, as the FCA values open and forthright communication. If issues arise, promptly report them to the FCA, along with a clear plan for resolution. The regulator may view honest mistakes favourably, but deliberate attempts to deceive will lead to severe consequences.

6. Timely and Proactive Responses: Timely and proactive responses to the FCA's inquiries and requests are crucial. Delays may be perceived as non-compliance or a lack of cooperation. If it consistently fails to respond, your firm may be subject to Section 165 action, which is a requirement to provide information to the regulator and can be enforced by a court of law. Ensure that your internal processes facilitate swift responses to regulatory queries. Proactively share relevant information and updates with the FCA to keep it informed of your business's developments.

7. Avoiding Surprises: Surprising the FCA with unexpected developments or material changes in your business is generally not well-received. Foster a relationship of open communication with the regulator and keep it informed about any noteworthy developments in your firm, no matter how trivial they may seem. If you anticipate any issues or changes, proactively engage with the FCA to discuss potential solutions.

8. Maintain a Positive Relationship: Building and maintaining a positive relationship with the FCA is an ongoing process. Engage in regular meetings and discussions with the regulator to address any concerns or seek guidance. Actively participate in industry initiatives and feedback mechanisms, as the FCA values input from stakeholders.

Interacting with the FCA as a payments service or E-money firm requires a proactive, honest, and customer-centric approach. Understanding your business model, demonstrating customer benefits, aligning with the FCA's priorities, and safeguarding customer funds are crucial for regulatory compliance. Additionally, maintaining open communication, providing timely responses, and avoiding surprises will help foster a positive relationship with the FCA and ensure a smooth regulatory journey for your firm.

How can we help you?

Thistle Initiatives has supported firms for a number of years as a trusted compliance and regulatory risk advisor. In addition to assisting, you as and when, our team of specialists can serve as your right hand in meeting and complying with FCA regulations. We understand the importance of staying up-to-date and compliant and are dedicated to providing the guidance and support needed to do so.

Are you looking for help with assistance in preparing a response to the FCA following information requests, more general regulatory questions? At Thistle, we can support with anything from FCA interviews, pre or post authorisation, as well as general information requests where we can analyse what the FCA is asking and determine the most appropriate response for you.

Contact our specialist team now to schedule a free consultation. Get in touch with us by calling 0207 436 0630 or send an email to