SEC proposes ending four-year freeze on online lenders
The Securities and Exchange Commission (SEC) has released draft guidelines to lift its nearly five-year moratorium on online lending platforms, signaling a shift toward digital expansion while tightening oversight of the nation's burgeoning fintech sector.
The proposed circular, released for public comment, would end a freeze imposed in 2021 on the registration of new online lending platforms (OLPs) by financing and lending companies.
According to the draft, the regulator intends to foster “responsible innovation” and stimulate economic activity while aligning the local market with global digitalization trends. The move comes as the commission seeks to balance the need for credit access with the necessity of curbing predatory lending practices that previously flourished in the unregulated digital space.
Under the new framework, the SEC will transition to a single certificate of authority policy. This replaces the legacy system that required separate certificates for every individual branch.
Moving forward, a single document will cover a firm's principal office and all its subsidiaries. While this simplifies the bureaucratic process, the commission is introducing stricter reporting requirements: all existing and proposed branches must be detailed in a formal business plan. Any relocation, closure, or suspension of these offices will be classified as a material amendment, necessitating specific commission approval.
Financial barriers to entry are also being recalibrated. The SEC plans to introduce a graduated, asset-based Annual Licensing Fee (ALF), doing away with branch-level charges in favor of an entity-level framework. These revised rates are slated to take effect on Jan. 1, 2027, with a standardized payment deadline of Dec. 31 each year.
To ensure platforms do not bypass oversight, the regulator will require companies to submit a "Pre-Disclosure Classification Declaration" before deploying any digital tool. This will determine if a platform qualifies as an OLP based on whether it performs core lending or financing functions. Furthermore, the SEC is revising minimum paid-up capital requirements, which will now be proportionate to the number of digital platforms a company intends to operate.
Existing firms will be granted a three-year transition period to meet these new capital thresholds. Affected entities must submit a capital compliance plan within 60 days of the circular’s effectivity. The commission noted that these enhanced capital buffers are designed to ensure firms remain "sound, efficient, and stable" while acting as a viable source of credit for the public.