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Top 3 Reasons Why the FCA Could Refuse Your EMI or API Authorisation Application (2026)

Published 30 August 2023 · Last reviewed 17 October 2026 · Buckingham Capital Consulting
Contents
  1. How the FCA decides an EMI or API application
  2. Reason 1: key people without the right skills and experience
  3. Reason 2: not showing how the firm will meet the Consumer Duty
  4. Reason 3: safeguarding arrangements that are not ready
  5. Other areas the FCA examines
  6. How the refusal process works
  7. Why a refusal matters beyond the application
  8. How to prepare an application the FCA can approve
  9. How Buckingham Capital Consulting can help
  10. Frequently asked questions
Key takeaways
  • The FCA's main concerns with EMI and API applications are the key people, the Consumer Duty and safeguarding of customer funds.
  • Directors, the compliance officer and the MLRO must have relevant experience, time for the role and a UK base; the FCA's September 2025 notes ask firms to show they understand their obligations themselves.
  • The Consumer Duty has applied since 31 July 2023, and the FCA expects it built into every policy rather than a standalone document.
  • CASS 15 safeguarding rules have applied since 7 May 2026; applications name the safeguarding bank and set out daily reconciliation.
  • Capital of €350,000 for an EMI or €20,000 to €125,000 for an API, with realistic forecasts and a downside case, is a condition of authorisation.
  • A proposed refusal comes with a warning notice; the firm can make representations, withdraw, or refer a final decision to the Upper Tribunal.

How the FCA decides an EMI or API application

The FCA authorises an electronic money institution (EMI) under the Electronic Money Regulations 2011 (EMRs) and an authorised payment institution (API) under the Payment Services Regulations 2017 (PSRs) when it is satisfied the applicant meets the conditions for authorisation. Those conditions cover the firm's people, owners, capital, governance, safeguarding, financial crime controls and business plan. The FCA refuses an application when, on the information it has, it cannot be satisfied that one or more conditions is met.

Three areas account for most of the FCA's concerns with EMI and API applications in 2026: the skills of the key people, how the firm will deliver good outcomes for customers under the Consumer Duty, and the safeguarding of customer funds. Each is set out below with what the FCA looks for, followed by the other areas it examines and how the refusal process works. The full EMI procedure is in our UK EMI licence guide and the API route in our UK payment institution licence guide.

AreaWhat the FCA looks for
Key peopleDirectors, compliance officer and MLRO with relevant experience, time and a UK base
Consumer DutyProducts, pricing, communications and support designed for good customer outcomes
SafeguardingA named bank, daily reconciliation and CASS 15 procedures from day one
Business model and permissionsEach service mapped to the permission applied for
Financial resourcesCapital, realistic forecasts with a downside case and evidence of funding
Financial crimeA risk assessment and controls that fit the firm's actual customers and flows
OwnershipA clear chain to the ultimate owners and documented source of funds
CompletenessTailored, consistent documents and full answers to the FCA's questions

Reason 1: key people without the right skills and experience

What the FCA assesses

The EMRs and PSRs require the directors and the people managing the payment or e-money business to be of good repute and to have appropriate knowledge and experience. The FCA registers each of them through its individuals form and reviews their CVs, past roles, references and regulatory history. It places particular weight on the CEO, the compliance officer and the money laundering reporting officer (MLRO).

What a strong team shows

  • Payments or e-money experience at a senior level in the CEO or on the board.
  • An MLRO who understands the firm's own money laundering risks and has the authority and resources to manage them.
  • A compliance officer able to run compliance monitoring and explain the regulatory obligations.
  • Finance capability for capital calculations, safeguarding reconciliation and regulatory returns.
  • People based in the UK, with evidence of their right to work here, who run the business from the UK.

Points the FCA raised in its 2025 good practice notes

In September 2025 the FCA published good practice notes for applicants. It looks for firms that provide their own suitability assessment of each key individual, recognise any staffing gaps and explain how and when they will be filled, and show how people with several roles will divide their time. It also looks for a team that understands its regulatory obligations itself, rather than relying on its consultants to explain them. In interview, the CEO and MLRO should be able to describe the business, its risks and its controls in their own words.

Recruiting an experienced MLRO or compliance officer before submission is often the most effective change an applicant can make. Our article on hiring MLROs and heads of compliance sets out what the FCA expects of each role.

Reason 2: not showing how the firm will meet the Consumer Duty

What the Consumer Duty requires

The Consumer Duty has applied to open products since 31 July 2023 and to closed products since 31 July 2024. It requires firms to act to deliver good outcomes for retail customers across four areas: products and services, price and value, consumer understanding, and consumer support. It applies to EMIs and APIs serving consumers and small businesses.

What the FCA expects at application

The FCA's good practice notes ask applicants to build the Consumer Duty into their policies, procedures, systems and controls, rather than treat it as a standalone document. In practice the application shows:

  • Who the target customers are and how the product meets their needs.
  • How the firm assessed that its fees and FX margins offer fair value.
  • How customer communications are tested for understanding.
  • How customers in vulnerable circumstances are identified and supported.
  • How staff incentives drive good customer outcomes rather than sales volume alone.
  • What management information the board will receive to monitor outcomes.

The FCA's payments portfolio letter and its multi-firm review of the Consumer Duty in payments set out the outcomes it expects from payment and e-money firms. Our guide on how EMIs and payment institutions implement the Consumer Duty covers each outcome.

Reason 3: safeguarding arrangements that are not ready

Why safeguarding carries so much weight

Safeguarding protects customer money so it can be returned in full if the firm becomes insolvent. Shortfalls in customer funds at payment firms that entered insolvency led the FCA to strengthen the regime, and its CASS 15 rules, introduced by Policy Statement PS25/12, have applied since 7 May 2026. The FCA now assesses safeguarding at application against those rules.

What a strong safeguarding plan contains

  • When funds become relevant funds and how they are segregated on receipt.
  • The safeguarding method, and the bank or insurer that will hold or cover the funds.
  • The daily internal reconciliation and the external reconciliation against bank statements.
  • How banks and other third parties are selected and monitored.
  • The resolution pack, the monthly safeguarding return and the annual safeguarding audit.
  • Who in the firm is responsible for safeguarding and how the board oversees it.

The safeguarding bank

The account does not have to be open at submission, but the application names the intended bank and shows the onboarding is under way. A plan that says the bank will be chosen after authorisation leaves the FCA without evidence that funds will be protected from the first day of trading. Banks run their own due diligence on payments firms, so the conversation starts early in preparation. Our article on obtaining a safeguarding account explains how. Safeheld, the firm's own safeguarding platform, runs the daily reconciliation and the monthly return.

Other areas the FCA examines

Business model and permissions

The FCA expects the permissions applied for to match the business model exactly. Its good practice notes ask applicants to analyse why each permission is relevant to their activities. An EMI application for a product that issues no stored value, or an API application for a wallet that holds balances, raises questions about whether the firm understands its own model.

Financial resources and forecasts

The firm must hold its initial capital, €350,000 for an EMI and €20,000 to €125,000 for an API, and show it can meet its ongoing own funds requirement as it grows. The FCA looks for forecasts with notes and assumptions, a base case and a downside case, evidence of funding commitments, and historic accounts with the initial application where the company has traded.

Financial crime controls

A generic anti-money laundering policy does not meet the FCA's standard. The business-wide risk assessment reflects the firm's actual customers, products, countries and payment flows, and the controls, from customer due diligence to transaction monitoring, follow from it. Higher-risk corridors, agent networks and cross-border structures receive the closest attention.

Owners and controllers

Anyone with 10% or more of the shares or voting rights, or significant influence, must be fit and proper. The FCA looks for a clear ownership chart to the ultimate individuals and documented source of funds. Complex overseas structures, trusts and nominee holdings need a full explanation.

Tailored and consistent documents

The FCA states that policies should not be generic templates and should explain how the firm will comply, rather than repeat the rules. It also looks for policies that align with one another and for clear information on planned IT systems, identifying which are off the shelf, modified or built, with realistic timelines.

UK presence

The applicant must be a UK company with its head office in the UK, and the business must be directed from the UK. Where parts of the group operate overseas, the FCA looks for clear evidence of how decisions are made in the UK, with reporting lines and resources in the UK entity.

How the refusal process works

  1. Questions and concerns. During the assessment the case officer raises questions. Where concerns remain, the FCA usually tells the applicant before reaching a view, which gives the firm a chance to strengthen the application.
  2. Withdrawal. The applicant can withdraw at any point before a decision. The application fee is not refunded, and a new application starts with a new fee.
  3. Warning notice. If the FCA proposes to refuse, it issues a warning notice setting out its reasons, and the firm can make representations.
  4. Decision notice. If the FCA confirms the refusal, it issues a decision notice. The firm can refer the decision to the Upper Tribunal.

The FCA must decide a complete application within 3 months and any application within 12 months. Many applications that do not proceed are withdrawn by the applicant before a decision, often to be resubmitted once the gaps are closed. Our guide to FCA PI and EMI timelines sets out each stage.

Why a refusal matters beyond the application

A refusal affects more than the timetable. FCA application forms, and the forms used by many overseas regulators, ask whether the firm, its owners or its directors have ever been refused an authorisation or registration, so a refusal is disclosed in future applications by the people involved. Banks, card scheme sponsors and investors ask the same question in their own due diligence.

That is why firms with unresolved concerns often withdraw and strengthen the application rather than wait for a decision. The better course is to close the gaps before submission, so that the case officer's questions are about detail rather than about whether a condition is met.

How to prepare an application the FCA can approve

Before submissionWhy it matters
Appoint the CEO, MLRO and compliance officerThe FCA assesses the people at application
Map every product to its permissionShows the firm understands its own model
Deposit or commit the initial capitalA condition of authorisation
Build forecasts with a downside case and funding evidenceShows the firm stays above its capital requirement
Name the safeguarding bank and write the CASS 15 proceduresShows customer funds are protected from day one
Write the risk assessment for the actual businessShows financial crime controls fit the risks
Build the Consumer Duty into every policyShows good customer outcomes are designed in
Check every document against the business planConsistent files are assessed faster

During the assessment, answer each question completely and on time, update every affected document together, and tell the case officer about any change before it happens.

How Buckingham Capital Consulting can help

Buckingham Capital Consulting has worked on UK payment and e-money authorisations since 2013. It obtained FCA API authorisation for Nexpay, Orbital, Oval and Global Send, and FCA EMI authorisation for Dzing Finance, Hryze and HFS. The firm reviews draft applications against each condition for authorisation, helps recruit experienced MLROs and compliance officers, builds the Consumer Duty framework, and introduces banks for safeguarding and operating accounts early in preparation.

Frequently asked questions

What is the most common reason the FCA refuses an EMI application?

Concerns about the key people, safeguarding and whether the firm has met the conditions for authorisation on the information provided. Most such concerns are raised as questions before any decision.

Can I reapply after the FCA refuses or I withdraw?

Yes. A new application can be made once the gaps are addressed, with a new application fee and a fresh assessment.

Does the FCA tell you before it refuses an application?

Yes. It issues a warning notice setting out its reasons, and the firm can make representations before a final decision notice.

Can I appeal an FCA refusal?

A firm can refer the FCA's decision notice to the Upper Tribunal, which reviews the decision independently.

Is the application fee refunded if the application is withdrawn or refused?

No. The FCA application fee is non-refundable whatever the outcome.

Does the MLRO need to be based in the UK?

In practice yes. The FCA expects the business to be run from the UK, with the CEO and MLRO based here and able to evidence their right to work in the UK.

References

  1. FCA: Authorisation and registration applications, good practice and areas for improvement
  2. FCA: Payments and e-money firm applicants
  3. FCA PS25/12: Changes to the safeguarding regime for payments and e-money firms
  4. FCA: Consumer Duty portfolio letter for payments and e-money firms
  5. The Electronic Money Regulations 2011
  6. The Payment Services Regulations 2017

About Buckingham Capital Consulting

Buckingham Capital Consulting has obtained FCA EMI and payment institution licences for firms including Hryze, HFS, Nexpay and Orbital since 2013, and arranges the safeguarding and operating accounts alongside the application. The firm reviews each application against the FCA's conditions for authorisation before submission and manages the case officer's questions through to the decision.

Speak to an expert: WhatsApp +44 7563 115980, Telegram @buckinghamcapital or info@buckinghamcapitalconsulting.co.uk.

This article is general information, reviewed against the regulator’s published requirements on the date shown. It is not legal advice; the regulator’s current publications take precedence.