Fintech advisory

Most fintechs operate in the field regulated by systemic legislation. Therefore, applicable regulation plays an important role, in particular  the new European Payment Services Directive (PSD2), the revised European Markets in Financial Instruments Directive and associated Regulation (MiFID II) and the new EU regulation governing the prevention of money laundering (AML5). In case of regulatory non-compliance, companies are exposed to regulatory risks.

LEGAL SUPPORT IN LICENSING PROCEDURES

We support clients in the communication with the competent authorities and we draft legal documentation needed within licensing procedures: PSD2, MiFID II, AML licences.

LEGAL SUPPORT IN ENSURING REGULATORY COMPLIANCE

The function of the regulatory compliance is one of the internal controls functions within the regulated financial institutions. For clients, we perform the role of an external compliance officer. Services include:

drafting legal documentation

(policies, risk assessments, opinions)

regulatory compliance checks

(general conditions, contracts, internal acts)

support in the process for introducing new products

(regulatory overview, compliance guidelines)

regulatory compliance assessment

(gap analysis)

communication with competent regulators

monitoring new legislation and preparing an action plan

plan for its implementation

organising training for employees on the topic of legal compliance

DRAFTING LEGAL DOCUMENTATION

AGREEMENTS

 

Due to the intertwining of technology and law, special knowledge is often required in order to prepare the contracts, which can only be provided by legal experts that understand technology as well. Examples of tech contracts are the following:

software development agreement 

software licence agreement 

product development agreement

technology development agreement 

research and development agreement 

financial assets' custody agreement

 

copyright transfer agreement

escrow and custodial agreement (financial assets)

IP waiver on source code

hosting agreement

cloud services agreement

end user license agreement - EULA

mobile app development agreement

mobile app distribution agreement

 

platform license agreement

data processing and storage agreement

 

OTHER DOCUMENTATION

 

 legal opinions

 legal-comparative analyses

 legal risk assessments