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James Dickie

James Dickie is a senior associate in the CMS UK Financial Services Regulatory team.

james.dickie@cms-cmno.co.uk

Articles by author

E-money: operational solutions to blocked accounts in financing

As discussed at length in our article, ‘Security over e-money and deposits with deposit aggregators: a new approach is required’ (2022) 10 JIBFL 682, e-money accounts have different features to traditional bank accounts and cash at bank. As such, the approach to taking security over e-money accounts must be different. This article considers one key difference – it is not possible to block e-money accounts as: (i) Electronic Money Institutions are under a statutory obligation to allow their customers to redeem their e-money at any time (regs 39 and 40 of the Electronic Money Regulations 2011 (EMRs)); and (ii) the balance must be capable of being used for payment transactions (reg 2 EMRs).

9 JUN 2025

Secured vs unsecured personal lending by fintechs

In this In Practice article the authors consider the difficulties of secured personal lending by fintechs and how the application of technology can mitigate risk without requiring security.

31 MAY 2024

Security over e-money and deposits with deposit aggregators: a new approach is required

Over the last decade, fintechs (including EMIs (see definition in the key points above)) have transformed the payments landscape and have driven and facilitated the rapid shift by individuals and businesses away from cash to e-money. This article sets out the practical and legal considerations under English law when taking security over e-money and deposits with Deposit Aggregators (see definition in the key points).

1 NOV 2022

Embedded finance and chargebacks: consumer duty and proposition structuring

As embedded finance and payment models continue to develop, I consider: (i) how merchants and their payment solution partners balance offering customers the optimum checkout experience with providing appropriate consumer protections; and (ii) what these models mean for liability arrangements between merchants and fintechs.

1 MAR 2024