
Incident Management & Regulatory Notifications
Protect Customer Funds Through Effective Safeguarding Controls
Organizations that receive or hold money on behalf of customers must be able to identify those funds, keep accurate records, prevent inappropriate use and protect customers if the business fails. The Regulation Factory helps payment businesses design and maintain practical safeguarding frameworks supported by clear governance, reliable reconciliations, appropriate account structures and effective oversight.

Overview
Payment businesses frequently receive, hold or control money that belongs economically to customers or other end users.
These funds may arise through:
Payment transactions
Money remittance
Foreign exchange services
Electronic wallets
Prepaid products
Electronic money
Marketplace payments
Merchant settlement
Payroll and disbursement services
Customer account balances
Payment collection services
When customer funds pass through a non-bank payment business, customers may be exposed if the business becomes insolvent, misuses the money, maintains inaccurate records or experiences a significant operational failure.
Safeguarding requirements are designed to reduce these risks.
Although the precise legal requirements differ between jurisdictions, safeguarding generally involves identifying the funds that must be protected, separating or otherwise protecting them from the firm’s own money, maintaining accurate records and ensuring that the funds can be returned to customers if the business fails.
A safeguarding framework must operate in practice every day. Opening a dedicated bank account or including safeguarding language in a policy is not enough.
At The Regulation Factory, we help payment service providers, money services businesses, electronic money institutions, foreign exchange firms and fintech companies establish safeguarding arrangements appropriate to their business models and regulatory obligations.
Our work can include flow-of-funds analysis, safeguarding methodologies, bank-account structures, reconciliation procedures, shortfall management, governance, third-party oversight, independent reviews and remediation.
Why Safeguarding Customer Funds Matters
Safeguarding is a fundamental customer-protection requirement.
A safeguarding failure can result in:
Customers losing access to their money
Shortfalls between customer entitlements and protected funds
Delayed customer repayment
Use of customer funds for operating expenses
Commingling of customer and corporate money
Inaccurate customer balances
Regulatory intervention
Restrictions on business activities
Financial losses
Insolvency complications
Loss of banking relationships
Reputational damage
Civil or criminal exposure in serious cases
A strong safeguarding framework can help an organization:
Protect customers if the business fails.
Prevent customer money from being used improperly.
Identify safeguarding shortfalls quickly.
Maintain accurate customer entitlements.
Support timely customer withdrawals and payments.
Demonstrate compliance to regulators.
Improve treasury and reconciliation controls.
Strengthen banking-partner confidence.
Prepare for growth and increased transaction volumes.
Respond more effectively to operational incidents.
Reduce insolvency and wind-down risk.
Safeguarding should be integrated with finance, treasury, operations, technology, compliance, legal, risk management and business continuity.
Regulatory Considerations
What Is Safeguarding?
Safeguarding is the set of legal, financial and operational arrangements used to protect funds received or held for customers.
Depending on the jurisdiction and regulatory regime, safeguarding may involve:
Segregating customer funds from the firm’s own funds
Holding funds in a designated safeguarding or trust account
Maintaining an insurance policy or comparable guarantee
Investing funds only in permitted secure and liquid assets
Maintaining accurate internal records
Reconciling customer entitlements against protected funds
Correcting shortfalls promptly
Restricting access to safeguarded accounts
Maintaining acknowledgement letters or trust documentation
Conducting independent reviews or audits
Preparing for insolvency and orderly wind-down
The exact requirements depend on:
The jurisdiction
The firm’s regulatory status
The products it provides
The payment functions it performs
Whether it receives or holds customer funds
How funds move through its systems
The nature of its banking arrangements
The length of time funds are held
Whether agents or third parties are involved
Safeguarding should therefore begin with a detailed legal and operational assessment rather than a generic policy template.
Canadian Safeguarding Requirements
Canada’s Retail Payment Activities Act establishes safeguarding obligations for regulated payment service providers that hold end-user funds.
A payment service provider subject to the RPAA must safeguard end-user funds using one of the permitted methods. Broadly, this may involve holding the funds in trust in a dedicated account or holding them in a prescribed account supported by insurance or a guarantee that meets the regulatory requirements.
A payment service provider that holds end-user funds must also establish, implement and maintain a written safeguarding-of-funds framework. The framework must address how funds are protected, how legal and operational risks are managed and how end users would be repaid following an insolvency or other specified event.
The obligation depends on whether the payment service provider actually holds end-user funds. This requires examination of the contractual arrangements, account structures, transaction timing and degree of control the provider has over the funds.
Relevant Canadian safeguarding considerations may include:
Determining when end-user funds are received
Identifying when the provider begins and ceases to hold the funds
Establishing trust or insurance arrangements
Maintaining a ledger of end-user entitlements
Performing reconciliations
Correcting shortfalls
Managing excess amounts
Reviewing account terms
Protecting funds against creditor claims
Maintaining access controls
Conducting periodic independent reviews
Addressing agents and third-party providers
Planning for insolvency and repayment
Safeguarding under the RPAA should be coordinated with the provider’s operational-risk and incident-response framework.
United Kingdom Safeguarding Requirements
UK payment institutions and electronic money institutions may be required to safeguard funds received for payment transactions or in exchange for electronic money.
The safeguarding obligation is intended to create a protected pool of relevant funds from which customer claims can be paid in priority to ordinary creditors if the payment or electronic money firm becomes insolvent.
The Financial Conduct Authority strengthened the safeguarding regime for payment and electronic money firms through new rules contained in CASS 15. The changes are intended to reduce safeguarding shortfalls, improve the speed with which customer funds are returned following failure and give the FCA better information about firms’ safeguarding arrangements.
The strengthened UK framework includes detailed expectations involving matters such as:
Identification of relevant funds
Segregation
Safeguarding accounts
Acknowledgement letters
Internal safeguarding records
Reconciliations
Resolution of discrepancies
Safeguarding systems and controls
Governance
Record keeping
Regulatory reporting
Independent safeguarding audits
Resolution packs and insolvency preparedness
The FCA’s guidance emphasizes that the safeguarding obligation begins when the institution receives relevant funds. Determining when receipt occurs can require analysis of the payment chain, contractual rights and bank-account arrangements.
As of May 7, 2026, CASS 15 provides the principal FCA Handbook rules and guidance supplementing the safeguarding requirements applicable to payment and electronic money institutions.
United States Considerations
The United States does not have a single safeguarding regime equivalent to the Canadian RPAA or the UK payment-services framework that applies uniformly to every non-bank payment provider.
Customer-fund protection requirements may instead arise through:
State money-transmitter laws
State permissible-investment requirements
Surety-bond requirements
Trust or custodial arrangements
Prepaid-account rules
Banking-partner agreements
Federal consumer-financial laws
Contractual commitments
Insolvency law
State unclaimed-property laws
Money transmitters may be required to maintain permissible investments equal to specified outstanding obligations. The assets, calculation methodology and reporting requirements can differ by state.
Some fintech arrangements rely on customer funds being placed at one or more insured depository institutions. However, the involvement of an insured bank does not automatically mean that every customer balance will qualify for pass-through deposit insurance.
The legal structure, account title, record keeping, beneficial ownership and applicable deposit-insurance requirements must all be considered.
Businesses operating in multiple U.S. states should map safeguarding, permissible-investment, bonding and customer-fund requirements as part of their licensing and ongoing compliance frameworks.
Determining Whether the Firm Holds Customer Funds
The first step in a safeguarding assessment is determining whether the organization receives, holds or controls customer funds.
This may not always be obvious.
A firm may describe itself as:
A technology platform
A payment facilitator
A software provider
An agent
A marketplace
A foreign exchange broker
An orchestration provider
A wallet provider
The regulatory assessment depends on what the firm actually does rather than the label attached to the service.
Relevant questions include:
Who receives the customer’s money?
Into whose bank account is it deposited?
Who has legal title to the account?
Who can instruct the bank?
Who controls the transfer?
Is the firm entitled to the funds?
Does the firm owe an amount to the customer?
Can the firm delay or prevent payment?
How long are funds held?
When does the intended recipient obtain an entitlement?
Can the firm use the funds for another purpose?
Are funds received by an agent?
Does a banking or processing partner hold the funds?
What happens if the firm becomes insolvent?
The answers should be supported by contracts, account documentation, system records and transaction evidence.
Flow-of-Funds Analysis
Safeguarding cannot be assessed accurately without understanding how money moves.
A flow-of-funds analysis should document each stage of the payment journey, including:
The originating party
The receiving account
The account holder
The legal owner of the funds
The beneficial owner
The payment instruction
Internal ledger entries
Payment processors
Banking partners
Correspondent banks
Agents
Settlement accounts
Fees
Foreign exchange conversions
Refunds
Chargebacks
Final beneficiaries
Timing differences
The analysis should cover each material product, payment rail, currency and customer journey.
Visual diagrams are often useful, but the diagrams should be accompanied by written explanations of legal ownership, control and timing.
Different transaction types may require different safeguarding conclusions.
Identifying Safeguarded or Relevant Funds
Once the firm understands the transaction flow, it must identify which funds fall within the safeguarding requirement.
This may require distinguishing between:
Customer principal
Transaction fees
Foreign exchange spreads
Merchant reserves
Chargeback reserves
Prefunding
Security deposits
Funds received in error
Funds awaiting allocation
Interest
Refund amounts
Corporate money
Unclaimed balances
The methodology should explain:
When an amount becomes safeguarded
How much must be safeguarded
When safeguarding ends
How fees are deducted
How foreign exchange is treated
How partial transactions are handled
How funds in transit are treated
How unsettled or failed transactions are handled
How unallocated receipts are treated
How reversals and refunds are addressed
An unclear methodology can result in both shortfalls and unnecessary over-safeguarding.
Safeguarding Methods
Segregation
Segregation generally involves placing customer funds into an account separate from the firm’s operating money.
The objective is to prevent the funds from being used for the firm’s own expenses and to improve their protection if the firm becomes insolvent.
A segregation framework should address:
Account ownership
Account designation
Permitted deposits
Permitted withdrawals
Bank rights of set-off
Account charges
Access authority
Transaction controls
Reconciliation
Insolvency treatment
Documentation
A segregated account is not effective if corporate funds and customer funds are routinely mixed without a controlled process for identification and removal.
Trust Arrangements
A trust arrangement may be used to establish that funds are held for the benefit of customers rather than for the firm itself.
The arrangement may require:
Appropriate trust language
Designated trust accounts
Clear identification of beneficiaries
Accurate beneficiary records
Restrictions on use
Confirmation from the financial institution
Legal review
Insolvency analysis
Governance and oversight
A firm should not assume that labelling an account as a trust account is sufficient without examining the legal and operational arrangements supporting it.
Insurance or Guarantee
Some regimes permit customer funds to be protected through an insurance policy or comparable guarantee.
The organization should consider:
Eligible insurer or guarantor requirements
Coverage amount
Coverage triggers
Exclusions
Claims procedures
Renewal risk
Cancellation provisions
Currency
Beneficiaries
Timing of payment
Interaction with insolvency
Evidence and record keeping
The coverage should remain sufficient as customer balances and business volumes change.
Secure and Liquid Assets
Certain regimes permit relevant funds to be invested in specified secure and liquid assets.
Where this method is available, the firm may need to consider:
Permitted asset categories
Liquidity
Market risk
Custody
Concentration
Valuation
Haircuts
Reconciliation
Disposal
Insolvency protection
Regulatory approval
Under the UK CASS 15 framework, the FCA identifies limited categories of approved secure, liquid assets for safeguarding purposes.
Safeguarding Account Controls
Safeguarding accounts should be governed by clearly documented controls.
These may include:
Approved-account-opening procedures
Legal and compliance review
Appropriate account designation
Bank acknowledgement documentation
Restrictions on set-off or security interests
Dual authorization
Role-based access
Payment limits
Approved beneficiaries
Daily account monitoring
Exception alerts
Change controls
Periodic access reviews
Dormant-account controls
Account-closure procedures
The organization should maintain a complete inventory of safeguarding accounts and understand how each account relates to its products, currencies and legal entities.
Bank Acknowledgement and Account Documentation
Account documentation can be essential to demonstrating that a bank understands the purpose and status of the safeguarding account.
Depending on the applicable regime, the organization may require a formal acknowledgement confirming that:
The account contains customer or relevant funds.
The account is held for a safeguarding purpose.
The bank has been informed of the nature of the funds.
The bank will not combine the account with ordinary corporate accounts.
Rights of set-off, recourse or security are restricted as required.
The account title reflects its safeguarding status.
The FCA has emphasized that safeguarding acknowledgement documentation should clearly state that the funds are held for customers and that the institution holding the account has no interest in or recourse against the safeguarded funds, except where permitted by the applicable legislation.
Acknowledgements should be reviewed when accounts, banks, legal entities or regulatory requirements change.
Internal Records and Customer Entitlements
A safeguarding framework depends on accurate internal records.
The firm should be able to determine:
The total amount owed to customers
The amount owed to each customer
The currency of each entitlement
The transactions included
Pending payments
Fees deducted
Refunds and reversals
Unallocated funds
Dormant balances
Adjustments
The date and time of the calculation
Internal ledgers should be sufficiently detailed to support customer repayment if the firm fails.
Records should be protected against unauthorized amendment and should include appropriate audit trails.
A firm that maintains sufficient money in a safeguarding account but cannot reliably identify individual customer entitlements may still be unable to return funds efficiently.
Safeguarding Reconciliations
Reconciliation is one of the most important safeguarding controls.
A reconciliation compares the amount that should be safeguarded with the amount actually protected.
A safeguarding reconciliation may involve:
Calculating customer or end-user entitlements.
Determining the amount required to be safeguarded.
Confirming the balance of safeguarding accounts or protected assets.
Identifying timing differences.
Investigating discrepancies.
Correcting shortfalls.
Removing properly identified excess amounts.
Recording review and approval.
The reconciliation methodology should define:
Frequency
Timing
Data sources
Cut-off times
Currency treatment
Valuation
Treatment of funds in transit
Treatment of fees
Treatment of unidentified receipts
Tolerance levels
Investigation standards
Escalation
Correction deadlines
Review and approval
Evidence retention
Daily reconciliation may be appropriate or required for many payment businesses because customer balances and transaction volumes can change rapidly.
Internal and External Reconciliations
Internal Reconciliation
An internal reconciliation compares the firm’s records of customer entitlements with the amount that its internal records indicate is protected.
It helps confirm that the ledger and safeguarding calculation are complete and internally consistent.
External Reconciliation
An external reconciliation compares the firm’s internal records with independent external records, such as bank statements or custodian statements.
It helps confirm that the protected funds or assets actually exist.
Both forms of reconciliation may be necessary because accurate internal records do not prove that the expected money is present at the bank, while a bank balance alone does not prove how much is owed to individual customers.
Managing Safeguarding Shortfalls
A shortfall occurs when the amount protected is less than the amount required to satisfy customer entitlements.
Shortfalls may arise from:
Processing errors
Delayed transfers
Incorrect fee deductions
Bank charges
Failed payments
Exchange-rate movements
Reconciliation errors
Incorrect ledger entries
Fraud
Unauthorized withdrawals
System defects
Timing differences
Vendor failures
A shortfall-management procedure should define:
How shortfalls are identified
Who must be notified
Whether the firm must use its own money to correct the difference
Required correction times
Investigation standards
Incident classification
Regulatory assessment
Senior-management escalation
Root-cause analysis
Customer-impact assessment
Remediation
Record keeping
Repeated small shortfalls may indicate a systemic control weakness and should not be dismissed solely because each individual amount is immaterial.
Managing Excess Funds
A safeguarding account may contain more than the required amount.
Excess funds may arise from:
Corporate prefunding
Timing differences
Unallocated receipts
Reconciliation adjustments
Interest
Overfunding
Reversed transactions
The firm should distinguish genuine excess corporate funds from amounts that may belong to customers.
Removing funds without adequate analysis can create a shortfall.
Procedures should define:
How excess is calculated
Required approvals
Minimum buffers
Treatment of uncertainty
Timing of removal
Supporting evidence
Post-removal checks
Maintaining an appropriate buffer can help address timing and calculation risks, but it should not replace accurate reconciliations.
Foreign Currency Safeguarding
Payment and foreign exchange businesses may receive customer funds in multiple currencies.
The safeguarding framework should address:
Currency-specific accounts
Foreign exchange conversions
Conversion timing
Exchange-rate sources
Rate volatility
Settlement timing
Currency mismatches
Correspondent-bank arrangements
Reconciliation
Shortfalls
Fees and spreads
Safeguarding one currency using assets denominated in another may create market and liquidity risk.
The firm should understand whether currency matching is required and how exchange movements affect the protected amount.
Funds in Transit
Funds may be moving between customers, payment firms, banks, processors and beneficiaries at the time a safeguarding calculation is performed.
The firm should establish how it treats:
Incoming funds not yet credited
Outgoing transfers not yet settled
Card settlements
Automated clearing transactions
Correspondent-bank transfers
Weekend and holiday transactions
Failed payments
Returned payments
Pending foreign exchange conversions
Processor receivables
Treatment should be consistent with the legal and accounting status of the funds and supported by reliable evidence.
Incorrect treatment of funds in transit can materially distort the safeguarding requirement.
Agents, Distributors and Third Parties
Payment businesses may receive customer funds through agents, distributors, processors or other intermediaries.
The safeguarding framework should define:
When funds received by an agent are treated as received by the firm
How quickly funds must be transferred
Where they may be held
How balances are reported
How reconciliations are performed
What controls apply at the third party
How incidents are reported
How records can be accessed
How the third party is monitored
What happens if the third party fails
Contracts should reflect safeguarding responsibilities and provide sufficient access to information.
Outsourcing part of the payment chain does not remove the need for the regulated firm to understand and oversee the safeguarding outcome.
Governance and Accountability
Safeguarding should have clear senior-level ownership.
Governance arrangements may include:
A board-approved safeguarding policy
A designated safeguarding owner
Defined finance and treasury responsibilities
Compliance oversight
Operations responsibilities
Technology responsibilities
Legal review
Escalation thresholds
Regular management reporting
Independent assurance
Periodic board review
Governance reports may cover:
Total safeguarded funds
Customer entitlements
Reconciliation results
Shortfalls
Excess balances
Unidentified receipts
Late reconciliations
Account changes
Bank concentration
Open issues
Incidents
Assurance findings
Remediation status
Senior management should understand how safeguarding operates, not merely receive confirmation that reconciliations have been completed.
Segregation of Duties
Safeguarding processes can expose the organization to significant fraud and error risk.
Appropriate segregation of duties may separate responsibility for:
Calculating customer entitlements
Preparing reconciliations
Reviewing reconciliations
Initiating transfers
Approving transfers
Maintaining ledger rules
Changing bank-account details
Managing system access
Investigating discrepancies
Closing issues
Where a smaller organization cannot fully separate these roles, it should implement compensating controls such as enhanced management review, transaction alerts and independent periodic testing.
Technology and Data Controls
Safeguarding calculations depend on reliable data and systems.
Technology controls may include:
Automated ledger interfaces
Data validation
Completeness checks
Exception reporting
Access restrictions
Audit trails
Change management
Reconciliation automation
Backup and recovery
System monitoring
Version control
Data retention
Spreadsheet-based calculations may be appropriate for a small or simple business, but they should be controlled.
Spreadsheet controls may include:
Restricted access
Locked formulas
Version control
Independent review
Input validation
Change logs
Secure storage
Backup
Periodic formula testing
As transaction volumes and product complexity increase, manual safeguarding processes can become difficult to maintain reliably.
Safeguarding and Operational Risk
Safeguarding failures frequently arise from operational weaknesses.
Relevant operational risks may include:
Inaccurate customer ledgers
System integration failures
Missed reconciliations
Unauthorized transfers
Incorrect account mapping
Weak change management
Vendor outages
Staff turnover
Poor documentation
Capacity constraints
Business continuity failures
The safeguarding framework should connect with:
Operational risk assessments
Key risk indicators
Incident management
Change-risk assessments
Vendor risk management
Business continuity
Control testing
Issue management
A change to a product, bank, processor, ledger or settlement method should trigger an assessment of safeguarding impacts.
Safeguarding and Liquidity
Safeguarding and liquidity are related but distinct.
Safeguarding protects money owed to customers. Liquidity ensures that the firm has sufficient resources to meet its own obligations and continue operating.
A firm may have fully safeguarded customer funds but insufficient corporate liquidity to pay employees, vendors or insolvency costs.
Conversely, a firm may appear financially strong while maintaining a safeguarding shortfall.
Organizations should maintain separate but connected frameworks for:
Customer-fund protection
Corporate liquidity
Capital adequacy
Wind-down funding
Contingency planning
Safeguarded funds should not be treated as a source of working capital.
Insolvency and Wind-Down Planning
Safeguarding is ultimately tested when a firm fails or loses the ability to continue operating.
The organization should consider whether an insolvency practitioner or administrator could quickly determine:
Which accounts contain customer funds
How much is protected
How much is owed to each customer
Which transactions are pending
Which third parties are involved
Who can access the systems
How funds can be returned
Which records are authoritative
Whether any shortfall exists
Which legal arrangements apply
Relevant documentation may include:
Account inventories
Bank acknowledgement letters
Trust documents
Insurance policies
Reconciliation methodologies
Customer entitlement records
System instructions
Key contacts
Agent and vendor information
Legal opinions
Operating procedures
Resolution packs
Wind-down plans
Safeguarding and wind-down planning should be coordinated so that customer repayment remains operationally possible during a period of financial stress.
Independent Review and Assurance
Safeguarding frameworks should be subject to periodic independent review.
The review may consider:
Legal applicability
Identification of customer funds
Flow-of-funds documentation
Account structure
Account acknowledgements
Reconciliation methodology
Calculation accuracy
Shortfall management
Access controls
Governance
Record keeping
Third-party arrangements
Insolvency preparedness
Compliance with regulatory reporting
Previous remediation
Independence may be provided through internal audit, an external auditor or another qualified function that is sufficiently separate from the process being reviewed.
The review should assess implementation and operating effectiveness, not simply whether policies and procedures exist.
Safeguarding Management Information
Management information should enable decision-makers to understand whether customer funds remain appropriately protected.
Useful indicators may include:
Total customer entitlements
Total safeguarded balances
Value and number of shortfalls
Age of unresolved shortfalls
Reconciliation completion
Late reconciliations
Manual adjustments
Unidentified receipts
Number of safeguarding accounts
Bank concentration
Account access exceptions
Failed transfers
Open audit findings
Overdue remediation
Insurance or guarantee coverage
Customer withdrawal delays
Metrics should include thresholds and escalation requirements.
A report showing a shortfall without explaining its cause, duration and corrective action provides incomplete oversight.
Our Expertise Includes
The Regulation Factory supports organizations throughout the safeguarding lifecycle.
Our expertise includes:
Safeguarding applicability assessments
Customer-fund assessments
End-user-fund assessments
Relevant-funds assessments
Flow-of-funds analysis
Payment journey mapping
Safeguarding methodology development
Safeguarding policy development
Safeguarding framework design
Trust-account arrangements
Segregated-account controls
Insurance and guarantee frameworks
Safeguarding account inventories
Bank acknowledgement requirements
Customer entitlement methodologies
Internal reconciliation procedures
External reconciliation procedures
Daily safeguarding calculations
Shortfall-management procedures
Excess-fund procedures
Foreign currency safeguarding
Funds-in-transit methodologies
Unallocated-funds procedures
Agent and distributor controls
Third-party safeguarding oversight
Access and authorization controls
Safeguarding governance
Management information
Key risk indicators
Incident-management procedures
Change-risk assessments
Record-keeping frameworks
Insolvency preparedness
Resolution-pack development
Wind-down integration
Independent safeguarding reviews
Safeguarding audits
Regulatory examination preparation
Gap assessments
Remediation planning
Framework implementation and enhancement
Common Challenges
The Firm Does Not Know When It Holds Customer Funds
Complex payment chains can make it difficult to determine when funds are received, held or transferred.
Without a clear legal and operational analysis, the safeguarding methodology may begin or end at the wrong point.
Flow-of-Funds Diagrams Are Incomplete
Diagrams may show the major payment steps but omit fees, settlement delays, refunds, chargebacks, agents, correspondent banks or funds in transit.
Customer and Corporate Funds Are Commingled
Funds may enter a general account before being transferred to a safeguarding account.
Without timely identification and segregation, this can create legal and operational risk.
Reconciliations Depend on Manual Processes
Manual calculations may rely on multiple spreadsheets, system extracts and judgment-based adjustments.
As transaction volumes increase, the risk of error and delay can become significant.
Account Documentation Is Weak
The account title, bank agreement or acknowledgement may not clearly recognize the safeguarding status of the funds.
Shortfalls Are Not Corrected Promptly
A shortfall may remain unresolved while staff investigate the cause, leaving customers underprotected.
Repeated Small Differences Are Accepted
Recurring low-value discrepancies may indicate a systemic issue with data, timing or methodology.
Fees Are Deducted Inconsistently
The firm may remove fees before it is legally or contractually entitled to them.
Unallocated Receipts Accumulate
Incoming funds may not be matched to a specific customer or transaction promptly.
The firm may then be unable to determine whether the amounts require safeguarding.
Foreign Currency Risk Is Overlooked
Currency mismatches and exchange-rate movements can create shortfalls even where the original safeguarding calculation was accurate.
Vendor Responsibilities Are Unclear
Banks, processors, agents and platform providers may each hold part of the information required for safeguarding, but contracts may not clearly allocate responsibilities.
Governance Focuses Only on Completion
Management may receive confirmation that reconciliations occurred without reviewing exceptions, adjustments, shortfalls or trends.
Safeguarding Is Disconnected from Wind-Down Planning
The organization may protect funds during normal operations but lack the records and operational arrangements needed to return them during insolvency.

Our Approach
At The Regulation Factory, we begin by understanding the complete customer-fund journey.
We consider:
Products and services
Regulatory status
Customer relationships
Contracts
Payment functions
Bank accounts
Legal ownership
Beneficial ownership
Transaction timing
Internal ledgers
Fees
Foreign exchange
Agents
Processors
Vendors
Insolvency risks
Existing controls
Planned business changes
We then map the applicable safeguarding requirements to practical operating procedures and controls.
Our approach emphasizes:
Accurate flow-of-funds analysis
Clear safeguarding boundaries
Reliable data
Defined account structures
Timely reconciliations
Immediate shortfall management
Restricted access
Evidence-based oversight
Clear accountability
Independent assurance
Insolvency preparedness
Sustainable implementation
The objective is to build a framework that protects customers throughout normal operations and remains effective when the organization is under financial or operational stress.
Who We Help
We support organizations that receive, hold, transfer or control customer funds, including:
Payment Service Providers
Authorised Payment Institutions
Electronic Money Institutions
Money Services Businesses
Foreign Exchange Providers
Remittance Companies
Digital Wallet Providers
Payment Processors
Merchant Acquirers
Payment Facilitators
Marketplace Platforms
Prepaid Product Providers
Payroll and Disbursement Platforms
Embedded-Finance Providers
Digital Asset Businesses
International Payment Companies
Fintech Startups
Businesses Preparing for Regulatory Authorization
Whether an organization is establishing a new safeguarding arrangement or remediating an existing framework, we provide practical support appropriate to its products, jurisdictions and operating model.
