改正銀行法が日本におけるIBMの事業に与える影響について、現時点で得られた情報を報告します。
１．改正銀行法の概要
（１）目的
フィンテックが加速する中、利用者保護を目的に、金融機関とフィンテック企業とのオープン・
イノベーションを進める為の制度的枠組みを整備する
（２）内容
・電子決済等代行業者に対して、政府への登録制を導入し、また、次のルールを適用する。
①体制整備と安全管理の強化
②金融機関との契約締結義務
・登録を受けるべき者が、登録を受けないで事業を営んだ場合、罰則がある。
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 19:34
I report information I have obtained so far about influence revised bank law gives to business of IBM in Japan.
1. Summary of revised bank law
(1) Purpose
We prepare a scheme of the system to proceed open innovation with financial institution and Fintech for the purpose of protecting users while the Fintech has been accelerating.
(2) Details
We introduce the registration system in government for those who work in place of those handling making a settlement by computer, and apply the following rule.
① Developing the system and reinforcing safety control
② Obligation of executing a contract with financial institution
We have a penalty for the case where those who must register runs business without being registered.
1. Summary of revised bank law
(1) Purpose
We prepare a scheme of the system to proceed open innovation with financial institution and Fintech for the purpose of protecting users while the Fintech has been accelerating.
(2) Details
We introduce the registration system in government for those who work in place of those handling making a settlement by computer, and apply the following rule.
① Developing the system and reinforcing safety control
② Obligation of executing a contract with financial institution
We have a penalty for the case where those who must register runs business without being registered.
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 19:45
We will report you information we have at the moment about effects to IBM business in Japan by the revised banking law.
1. Outline of revised banking law
(1) Purpose
In developing Fin Tech, on the purpose for safeguard of users, to clear institutional framework to promote open/innovation between financial institutions and Fin Tech business.
(2) Content
・ For representative agency for electronic payment and etc, to introduce a registration system to government and to apply the following rules.
① To improve system and strengthen safety management
② Obligation of contracting with financial institutions
・There are penalties if person who should have to register runs business without registlation.
1. Outline of revised banking law
(1) Purpose
In developing Fin Tech, on the purpose for safeguard of users, to clear institutional framework to promote open/innovation between financial institutions and Fin Tech business.
(2) Content
・ For representative agency for electronic payment and etc, to introduce a registration system to government and to apply the following rules.
① To improve system and strengthen safety management
② Obligation of contracting with financial institutions
・There are penalties if person who should have to register runs business without registlation.
（３）定義
「電子決済等代行業」の定義
次のサービスのいずれかを行う者をさす。
①電子送金サービス
銀行預金者の委託（2以上の段階にわたる委託を含む）を受け、コンピュータシステムを利用して、預金者からの送金指示を当該銀行に対して伝達すること。
②口座管理サービス
銀行預金者の委託を受け、コンピュータシステムを利用して、銀行から口座情報を取得し、預金者に提供すること（他の者を介する方法により提供すること、及びその情報を加工した情報を提供することを含む）。
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 20:05
3) Definition
Definition of "Proxy service such as electric payment"
It refers to one who does the following services.
① Electric remittance service
Having been entrusted by bank depositor (including commissions of more than 2 stages), using computer system, transfer remittance order to the bank from depositor.
② Account management service
After having trust of bank depositor, by using a computer, get account information from bank and to give it to depositor (to give it through someone else and give including processed information from the information).
Definition of "Proxy service such as electric payment"
It refers to one who does the following services.
① Electric remittance service
Having been entrusted by bank depositor (including commissions of more than 2 stages), using computer system, transfer remittance order to the bank from depositor.
② Account management service
After having trust of bank depositor, by using a computer, get account information from bank and to give it to depositor (to give it through someone else and give including processed information from the information).
Rating
52
Translation / English
- Posted at 01 Jun 2018 at 20:21
(3) The definition
The definition of “electric payment etc agencies” is for those that provide either service below.
1. Wire transfer service
To transfer the remittance order from a bank depositor through their computer system with a consignment from the depositor (the consignment that varies more than two stages included).
2. Account management service
To provide the account information received from a bank through their computer system to the bank depositor with a consignment from the depositor (to provide via a third party and to provide the data which is processed from the original data included).
The definition of “electric payment etc agencies” is for those that provide either service below.
1. Wire transfer service
To transfer the remittance order from a bank depositor through their computer system with a consignment from the depositor (the consignment that varies more than two stages included).
2. Account management service
To provide the account information received from a bank through their computer system to the bank depositor with a consignment from the depositor (to provide via a third party and to provide the data which is processed from the original data included).
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 20:31
(3) Definition
The definition of "Electronic Payment Services"
The term refers to the following services.
1. Electronic money transfer services
The service which is commissioned by bank depositors (including commissions with two or more steps), uses the computer system, and conveys the orders for money transfer from depositors to banks.
2. Account management services
The service which is commissioned by bank depositors, uses the computer system, obtains account information from banks, and offer it to the depositors (including the act of offering the information via a third-party, and offering processed information).
The definition of "Electronic Payment Services"
The term refers to the following services.
1. Electronic money transfer services
The service which is commissioned by bank depositors (including commissions with two or more steps), uses the computer system, and conveys the orders for money transfer from depositors to banks.
2. Account management services
The service which is commissioned by bank depositors, uses the computer system, obtains account information from banks, and offer it to the depositors (including the act of offering the information via a third-party, and offering processed information).
（４）実施スケジュール
・2017年5月、国会で議決された後、6月に公布。2018年6月1日、施行された。
・但し、法律施行日において、現に電子決済等代行業を営んでいる者は、施行日から6ヶ月間は登録を猶予できる。（2018年12月1日まで。）
・また、電子決済等代行業者のうち、口座管理サービスのみを行っている者については、施行日から2年間は銀行等との契約締結義務が猶予される。（2020年6月1日まで。）
Rating
57
Native
Translation / English
- Posted at 01 Jun 2018 at 19:53
4) Schedule for Execution
· After being voted in by the Diet in May 2017, it was promulgated in June. It took effect on June 1st, 2018.
· However, those who currently operate substitute businesses, such as electronic payments at the date of law enforcement, can suspend registration for six months. (Until December 1st, 2018.)
· Those who conduct only account management services among substitute agencies, such as electronic settlements, the obligation to conclude a contract with the bank etc., will be delayed for two years from the effective date. (Until June 1st, 2020.)
· After being voted in by the Diet in May 2017, it was promulgated in June. It took effect on June 1st, 2018.
· However, those who currently operate substitute businesses, such as electronic payments at the date of law enforcement, can suspend registration for six months. (Until December 1st, 2018.)
· Those who conduct only account management services among substitute agencies, such as electronic settlements, the obligation to conclude a contract with the bank etc., will be delayed for two years from the effective date. (Until June 1st, 2020.)
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 19:42
(4) Schedule
After decided in Diet in May 2017, it was promulgated in June, and took effect on June 1st 2018.
However, those who run the business working in place of others such as making a settlement by computer on the day when it takes effect in law are allowed that they do not register for 6 months after taking effect (until December 1st 2018).
Among those who run the business working in place of others such as making a settlement by computer, only those who provide account control service do not have to execute a contract with bank for 2 years after taking effect (until June 1st 2020).
After decided in Diet in May 2017, it was promulgated in June, and took effect on June 1st 2018.
However, those who run the business working in place of others such as making a settlement by computer on the day when it takes effect in law are allowed that they do not register for 6 months after taking effect (until December 1st 2018).
Among those who run the business working in place of others such as making a settlement by computer, only those who provide account control service do not have to execute a contract with bank for 2 years after taking effect (until June 1st 2020).
２．IBMの登録の必要性
今回、この問題の関係者、及び、金融市場に詳しい、私の友人、知人等のネットワークを使って収集した情報は、以下の通り。（この情報については、社内秘としてください。）
① 元財務省局長の見解
・この銀行法の改正の目的は、基本的にはフィンテック事業者の育成にあるので、今後、業界の声を反映して、法律の適用除外規定が新たに政令として作られていく可能性がある。
・登録すべき事業者の基準は、これから徐々に固まっていくだろう。
Rating
52
Translation / English
- Posted at 01 Jun 2018 at 19:55
2. The necessity of IBM registration
The informations that I collected this time from people concerned with this problem and also out of my social network such as my friends and acquaintances etc that are familiar with financial marketing will be as below (please keep this information company confidential).
(1) The opinion of Formar Minister of Finances
•The purpose of the revision of this Banking law basically lays on conducting trainings to fintech business operators so that regulations for exemption from the laws may newly be set as government ordinances reflecting the voices in this industry in the future.
•Apparently, the standards for which business operators shall be registered will gradually be fixed from now on.
The informations that I collected this time from people concerned with this problem and also out of my social network such as my friends and acquaintances etc that are familiar with financial marketing will be as below (please keep this information company confidential).
(1) The opinion of Formar Minister of Finances
•The purpose of the revision of this Banking law basically lays on conducting trainings to fintech business operators so that regulations for exemption from the laws may newly be set as government ordinances reflecting the voices in this industry in the future.
•Apparently, the standards for which business operators shall be registered will gradually be fixed from now on.
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 20:19
2. Necessity of registration for IBM
This time, information collected by associates of this issue, my friend who is familiar with financial market and friends' network and etc are the followings. (As for this information, please keep it confidential.)
① View of former Finance Minister
・Purpose of this banking law revision is basically training of Fin Tech operators, in the future, by reflecting voice of the industry, there is possibility that exemption provision of law is newly becoming laws and ordinances.
・Standard of business entities to register will be gradually settled in the future.
This time, information collected by associates of this issue, my friend who is familiar with financial market and friends' network and etc are the followings. (As for this information, please keep it confidential.)
① View of former Finance Minister
・Purpose of this banking law revision is basically training of Fin Tech operators, in the future, by reflecting voice of the industry, there is possibility that exemption provision of law is newly becoming laws and ordinances.
・Standard of business entities to register will be gradually settled in the future.
② りそな銀行・制度担当部長の見解
・Toolの提供、或いは、Soft Wareの提供だけの業者は、直接的な登録対象から外れるのではないか。
・ＳＡＰ等のSaaS Vendorは登録事業者に当たるか否かは、大変微妙なところだ。
③ 金融庁関係者の見解
・事業者が現在行っている業務内容を詳細に検討した上で、判断していくことになる。
④ フィンテック事業者
・登録事業者の基準が、現時点では必ずしも明確ではない。
・銀行との契約義務がハードだが、準備は進めている。
Rating
57
Native
Translation / English
- Posted at 01 Jun 2018 at 20:03
② Prospects of the Departmental Manager of Resona Bank
· Decide whether only a tool, or a supplier which only provides software may be out of direct registration.
· Decide whether SaaS vendors, such as SAP, are registered as a business or not. This is a very delicate decision to make.
③ Observations by FSA officials
· They will decide after carefully examining the work that the business is currently performing.
④ FinTech operator
· The standards of registrants are not currently fully clear.
· While hardgoing, the contract obligations with the bank is an ongoing process.
· Decide whether only a tool, or a supplier which only provides software may be out of direct registration.
· Decide whether SaaS vendors, such as SAP, are registered as a business or not. This is a very delicate decision to make.
③ Observations by FSA officials
· They will decide after carefully examining the work that the business is currently performing.
④ FinTech operator
· The standards of registrants are not currently fully clear.
· While hardgoing, the contract obligations with the bank is an ongoing process.
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Rating
52
Translation / English
- Posted at 01 Jun 2018 at 20:11
2) Risona Bank Ltd. - the view of System Senior Manager
- Provision of Tool, or manufacturer only to provide Soft Ware might be removed from the direct target of registration.
- Whether SaaS Vendor like SAP etc. is applicable to registration company or not is very subtle.
3) The view of people concerned Financial Services Agency
- The contents of business that the companies are doing now aThere considered in detail, and then they will be judged.
4) Fintech (financial technology) companies
- The standard of the registration companies is not always clear at present.
- The obligation of the contract with the bank is hard, however, the preparation is been proceeded.
- Provision of Tool, or manufacturer only to provide Soft Ware might be removed from the direct target of registration.
- Whether SaaS Vendor like SAP etc. is applicable to registration company or not is very subtle.
3) The view of people concerned Financial Services Agency
- The contents of business that the companies are doing now aThere considered in detail, and then they will be judged.
4) Fintech (financial technology) companies
- The standard of the registration companies is not always clear at present.
- The obligation of the contract with the bank is hard, however, the preparation is been proceeded.
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 19:50
② Opinion by manager in charge of the system in Risona Bank
Will those who provide only tool and software not be allowed to register directly?
It is difficult to decide if Saas vendor such as SAP is recognized to be those who can register.
③ Opinion of those in Financial Services Agency
After discussing details of the duty companies are carrying out in detail currently, we will decide it.
④ Those who carry out Fintech
The standard where companies are eligible to register is not always clear as of today.
Although obligation of executing a contract with the bank is difficult, we are proceed preparation.
Will those who provide only tool and software not be allowed to register directly?
It is difficult to decide if Saas vendor such as SAP is recognized to be those who can register.
③ Opinion of those in Financial Services Agency
After discussing details of the duty companies are carrying out in detail currently, we will decide it.
④ Those who carry out Fintech
The standard where companies are eligible to register is not always clear as of today.
Although obligation of executing a contract with the bank is difficult, we are proceed preparation.
３．今後の対応策
上記の状況を踏まえたうえで、現時点における私の意見は次の通りです。
・IBMが政府への登録の必要な電子決済等代行業者に当たるかどうかは、現時点では判断できない。
・IBMは、現にTRMサービスを行っていることから、6ヵ月後の12月1日までに登録申請をするか否かの
決定をする必要がある。
・金融庁との交渉、及び、銀行、同業他社等の動向の調査が必要。
Rating
57
Native
Translation / English
- Posted at 01 Jun 2018 at 19:58
3. Future Measures
Based on the above situation, my current opinion is as follows:
· It can not be determined at this moment whether IBM will be an agency for electronic payment which requires government registration.
· Since IBM is currently conducting a TRM service, they themselves will decide whether or not to apply for registration by December 1st – six months later.
· It is necessary to negotiate with the Financial Services Agency, as well as investigate bank trends, and any other companies in the same industry, etc.
Based on the above situation, my current opinion is as follows:
· It can not be determined at this moment whether IBM will be an agency for electronic payment which requires government registration.
· Since IBM is currently conducting a TRM service, they themselves will decide whether or not to apply for registration by December 1st – six months later.
· It is necessary to negotiate with the Financial Services Agency, as well as investigate bank trends, and any other companies in the same industry, etc.
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 20:09
3. Countermeasures from now on
Considering above situation, my opinion at this moment is as follows.
- At the moment there is no way of telling if IBM assumes the agency for government's electronic payment required for registrations.
- Since IBM is actually conducting TRM service, it is needed to decide if IBM applies for registration.
- It is necessary to negotiate with Financial Services Agency and research on trends of banks or sector peer company.
Considering above situation, my opinion at this moment is as follows.
- At the moment there is no way of telling if IBM assumes the agency for government's electronic payment required for registrations.
- Since IBM is actually conducting TRM service, it is needed to decide if IBM applies for registration.
- It is necessary to negotiate with Financial Services Agency and research on trends of banks or sector peer company.
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 19:59
3. Handling in the future
Based on the situation above, I listed my opinion as of today below.
We cannot decide if IBM is eligible as a company in place of other company in making a settlement by computer that is required to register in the government.
As IBM has been providing TRM service currently, we have to decide if they file the registration until December 1st that is 6 months later or not.
We have to do research about negotiation with Financial Services Agency as well as trend of bank and companies in the same field.
Based on the situation above, I listed my opinion as of today below.
We cannot decide if IBM is eligible as a company in place of other company in making a settlement by computer that is required to register in the government.
As IBM has been providing TRM service currently, we have to decide if they file the registration until December 1st that is 6 months later or not.
We have to do research about negotiation with Financial Services Agency as well as trend of bank and companies in the same field.
・登録の必要の有無は、最終的には改正銀行法に基づく法律判断なので、早急に金融に詳しい弁護士を雇う必要がある。
・登録が必要となった場合、①体制整備と安全管理の強化（外国法人であるIBMの業務管理体制や利用者の情報保護体制の整備等）、及び、②金融機関との契約締結義務（銀行が示す契約方針や基準への対処等）のルールの整備に向けて、コンプライアンス専門家の雇用が必要である。
Rating
57
Native
Translation / English
- Posted at 01 Jun 2018 at 19:56
• Whether or not registration is necessary is ultimately a legal decision based on the revised Banking Law. It is necessary to hire lawyers who are quick to act with regards to finance.
· When registration becomes necessary, (1) strengthening of system and safety management (improvement of business management system of IBM as a foreign corporation, and information protection system of users etc.), and (2) obligation to conclude contracts with the financial institution. Employment of compliance experts is necessary for the development of contract policy rules and standards indicated by banks, etc.).
· When registration becomes necessary, (1) strengthening of system and safety management (improvement of business management system of IBM as a foreign corporation, and information protection system of users etc.), and (2) obligation to conclude contracts with the financial institution. Employment of compliance experts is necessary for the development of contract policy rules and standards indicated by banks, etc.).
Rating
50
Translation / English
- Posted at 01 Jun 2018 at 20:07
As if they have to register or not is decided by law based on the revised bank law finally, we have to employ the lawyer who is well versed in finance immediately.
If they have to register, we have to carry out the followings.
① Developing the system and reinforcing safety control (developing the system of duty control of IBM as a foreign corporation and system of user's information protection).
② Employing a specialist of compliance for development of rule of obligation of executing a contract with financial institution (handling the policy and standard of the contract that the bank shows).
If they have to register, we have to carry out the followings.
① Developing the system and reinforcing safety control (developing the system of duty control of IBM as a foreign corporation and system of user's information protection).
② Employing a specialist of compliance for development of rule of obligation of executing a contract with financial institution (handling the policy and standard of the contract that the bank shows).
