"In many ways, fintech is the new mainstream
financial services as demarcation lines between
traditional providers and tech-enabled businesses
become increasingly blurred"- Mr. Ashley Freeman.
Some of our lawyers have been actively engaged in
advising, counselling, and mentoring new start-ups
in the financial sector for many years. In a few
cases, they have even taken an ownership stake or
management role. This is because many entrepreneurs
recognize the enormous value an experienced lawyer
can bring to the early day launch and growth stages
of their business.
Our lawyer's work has covered a full range of
activities normally associated with new ventures in
this sector. At the initial stage, we would
typically advise on operational structure and
business plan. We can then establish the legal
vehicle that will hold the business and prepare its
documentation, such as commercial contracts and
policies and procedures (many of which are mandated
by law). Technological innovation in the financial
sector often involves competitive risk and
confidentiality concerns. Our firm frequently
assists with intellectual property protection and
non-disclosure agreements to give clients the peace
of mind they require. Most (but not all) fin-techs
require some form of regulatory approval before they
can commence business and our lawyers are often
engaged with the appropriate authorities for this
purpose. Once the business is established, there is
a multitude of counterparties to deal with, and
having lawyers who are good negotiators (and good at
resolving the occasional disputes) can be of a
significant advantage. Our lawyers know the typical
issues that can arise with new fin-tech ventures and
are apt at resolving them. When the business starts
to grow and expand it will require more capital and
our firm is accustomed to advising on a range of
debt and equity options (including Islamic, ethical,
and other alternative forms of funding) and
structuring and negotiating its provisions if and
when it’s agreed.
Whilst most of our work in this area is
confidential, our lawyers have assisted with
fin-tech businesses offering consumer finance, SME
funding, payment systems, investment opportunities
(in various asset classes, including real estate),
crypto assets, crowd funding, blockchain solutions,
financial management and budgeting tools, and mobile
apps, etc.
Our lawyers have also facilitated the desire of many
fin-tech companies to scale-up their operations and
either sell their businesses to larger financial
providers or convert their regulatory status to
undertake a wider range of activities (with many,
but not all, aspiring to be challenger banks).