Why fintech in Israel starts with regulation, not with the product

Fintech (Financial Technology) is the use of technology to provide financial services: payments, loans, investments, digital insurance and asset management. Israel is one of the global fintech centers, with hundreds of startups serving customers in Israel and around the world.

But unlike other technology fields, in fintech, unlicensed activity is a criminal offense. Oversight in Israel is split among at least three authorities, each with a different area of authority. If you build a financial product without understanding the regulatory map, you may reach a seed round with problems that cannot be solved easily.

Who supervises what: a map of the authorities

Fintech regulation in Israel is divided by type of service:

A company that operates across fields (for example, both payments and investments) may need licenses from several authorities at the same time.

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What happens after you write to me

  1. You write what happened and with whom. No documents.
  2. I get back to you within one business day for a short call of a few minutes.
  3. If it is a matter I handle: after the call you will receive, in writing, what will be done and what the next step is. Work starts only after you approve.

At the end of the call you will know one of three things: it is a matter I handle, and what the next step is; you can manage without a lawyer, and which guide fits; or it is outside my field, and where to turn.

Which license you need depends on what you offer

There is no general “fintech license”. The license required depends entirely on the type of service. If you offer several services, you may need several licenses at the same time:

What every fintech company must do, whatever its license

Even after you receive the specific license, there is a compliance floor that applies to everyone:

Tiered licensing and exemptions: how to start on a small scale

The law itself sets tiered requirements. The Supervision of Financial Services (Regulated Financial Services) Law has a “basic license” for activity that is not extensive and an “extended license” above it, for example for a credit portfolio of more than NIS 25 million (section 11A). The Payment Services Regulation Law exempts from a license anyone who provides a payment service on a limited scale, as set by the Minister of Finance in regulations, subject to notice to the Israel Securities Authority (section 3(a)(6) and (b)).

If the relevant authority has a dedicated testing framework, its conditions and length are set by that authority and change. Check with the authority before you apply.

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Consumer protection in fintech

Beyond the licensing requirements, fintech companies are also subject to the Consumer Protection Law, 5741-1981. This means:

What digital banking is, and why regulation has not kept pace

Have you launched a digital wallet, a lending platform or a payment service? In Israel, this requires a license. However innovative the product, regulators classify a service by what it actually does, not by what it is called. A platform that in practice mediates between borrowers and lenders may be a “credit intermediation system”, and operating one requires a license under the Supervision of Financial Services (Regulated Financial Services) Law.

Fintech (Financial Technology) is the general name for companies that use technology to provide financial services: digital payments, Peer-to-Peer loans, automated investment management (Robo-advisors), digital wallets and cryptocurrencies. Digital banks (Neobanks), such as ONE ZERO in Israel, are banks without branches that operate entirely through an app.

The problem is that the old regulatory framework was built for traditional banks. When a fintech company provides a service that looks like banking but is not defined as such in the law, a gap opens. This gap was used in two directions: innovation that the old regulation did not prevent, and businesses that operated without the protections consumers are entitled to.

AML and KYC: not just bureaucracy

The Prohibition on Money Laundering Law, 5760-2000 imposes duties of identification, reporting and record-keeping on the financial bodies set out in it. They include providers of a service in a financial asset, credit providers and payment companies, under a dedicated order for each type of body (section 7). The practical requirements: customer identification (KYC: Know Your Customer), monitoring suspicious transactions, and reporting to the Money Laundering and Terror Financing Prohibition Authority.

The point small fintech companies miss: reporting suspicious transactions is not limited to large amounts. Reporting an unusual activity is, as a rule, not conditional on a minimum amount. Even a NIS 500 transaction that looks suspicious may require a report. A breach of the reporting duties may lead to a monetary sanction (section 14). An act, or giving false information, intended to prevent a report or to cause an incorrect report is a criminal offense (section 3(b)).

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Consumer protection in digital banking

The Payment Services Law and the regulators’ directives set specific duties: transparency on charges, maximum execution times, and a complaints mechanism. In addition, the Payment Services Law (which replaced the Debit Cards Law, repealed on 14 October 2020) limits the payer’s liability for misuse of a means of payment before they gave notice of it. The limit is NIS 75 plus NIS 30 for each day until the notice, and no more than NIS 450 if they gave notice within 30 days of the first misuse, or the actual charges if lower (section 24(c)). After the notice, the payer is not liable at all (section 24(b)). The limit does not apply if the payer made the essential component available to someone else (section 24(d)) or acted fraudulently (section 26).

Money that a payment company receives from its customers is not considered receiving monetary deposits (section 24(g) of the Regulation of Engagement in Payment Services and Payment Initiation Law). It is protected by the segregation mechanism: the company must keep the money in a separate dedicated account with a managing body, and it is not considered the company’s assets, including in insolvency proceedings (section 24(a) and (c)). The exception is when the authority allowed insurance or a guarantee instead (section 24(d)). Many consumers are not aware of this detail.

Open Banking and the future of fintech in Israel

The Financial Information Service Law, 5782-2021 (“open banking”) requires “information sources”, among them banks, to give a licensed service provider (TPP: Third Party Provider) access to a customer’s financial information. This is done in line with an access authorization the customer gave, and through a dedicated interface system (sections 39–40). This will allow fintech companies to access a customer’s bank account data (with the customer’s consent) and provide data-based services: expense analysis, product comparison and budget planning.

This is a huge opportunity, but also a heavy legal responsibility. Access to bank data requires compliance with the Protection of Privacy Law, a strict data security policy, and a license to provide a financial information service from the Israel Securities Authority (section 2 of the Financial Information Service Law). A supervised financial body needs approval from its own regulator instead.

Frequently asked questions

Does a loan comparison platform need a license?

Possibly. Regulators classify a service by what it actually does, not by what it is called. A platform that in practice mediates between borrowers and lenders may be a “credit intermediation system”, and operating one requires a license under the Supervision of Financial Services (Regulated Financial Services) Law. So the nature of the activity must be examined.

Is my money protected if the payment company collapses?

The law sets a segregation mechanism. Money that a payment company receives from its customers is not considered receiving deposits (section 24(g) of the Regulation of Engagement in Payment Services and Payment Initiation Law). The company must keep the money in a separate dedicated account with a managing body, and it is not considered the company’s assets, including in insolvency proceedings (section 24(a) and (c)). The exception is when the authority allowed insurance or a guarantee instead (section 24(d)).

Can you start on a small scale without a full license?

The law sets tiered requirements. The Supervision of Financial Services (Regulated Financial Services) Law has a “basic license” for activity that is not extensive and an “extended license” above it (section 11A). The Payment Services Regulation Law exempts from a license anyone who provides a payment service on a limited scale, as set by the Minister of Finance in regulations, subject to notice to the Israel Securities Authority (section 3(a)(6) and (b)).

Does the duty to report a suspicious transaction apply only to large amounts?

No. Reporting an unusual activity is, as a rule, not conditional on a minimum amount. Even a NIS 500 transaction that looks suspicious may require a report. A breach of the reporting duties may lead to a monetary sanction (section 14 of the Prohibition on Money Laundering Law). An act, or giving false information, intended to prevent a report or to cause an incorrect report is a criminal offense (section 3(b)).

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What is needed to access a customer’s bank data (open banking)?

An access authorization the customer gave, compliance with the Protection of Privacy Law, a strict data security policy, and a license to provide a financial information service from the Israel Securities Authority (section 2 of the Financial Information Service Law, 5782-2021). A supervised financial body needs approval from its own regulator instead.

Legal note: The information in this guide is general. It is not legal advice or a substitute for advice on your own case. Every case is assessed on its own facts.

Sources

The links lead to the original legislation (in Hebrew). The binding text is the one published in Sefer HaHukim (the official gazette of statutes).

Checklist

  • Practical tip: before advising a fintech client, map all the financial services it offers. Sometimes an “innocent” service, such as holding customers’ money, turns into a regulated activity, for example managing a payment account, which requires a license from the Israel Securities Authority.
  • Common mistake: assuming that a startup that sells to businesses is always exempt from the Consumer Protection Law. A “dealer” under the Law also includes a manufacturer (section 1 of the Consumer Protection Law). So when the product ultimately reaches consumers, duties under the Law may apply to the startup too.
  • Tactical point: in fintech companies approaching a seed round, make sure the incorporation documents already include provisions for a compliance officer. Institutional investors require this at the Due Diligence stage.
  • Practical tip: when advising a fintech company at the fundraising stage, check in advance whether the product requires a license, before the investors come in. A license that turns out to be needed after the fact can delay a funding round and lead to costly structural changes.
  • Common mistake: treating a “loan comparison” platform as a search engine only, when in practice it may be mediating credit. That is an activity that requires a license to operate a credit intermediation system; the nature of the activity must be examined.
  • Tactical point: when licensing will take time, check whether the activity falls under the exemption for a limited-scale payment service (section 3(a)(6) of the Regulation of Engagement in Payment Services and Payment Initiation Law) or under a basic license instead of an extended one (section 11A of the Supervision of Financial Services (Regulated Financial Services) Law).
Legal note: The information in this guide is general and is not legal advice or a substitute for advice on your own case. Every case is assessed on its own facts.