Fintech and Marketplace Lending

Our deep experience has helped us gain a thorough understanding of our clients’ processes, products, and systems, as well as their market  challenges and legal needs. We understand the evolving needs of the participants in this space and combine  creative legal acumen with business and market insight. We were proud to be named “Law Firm of the Year” for fintech and marketplace lending at the inaugural LendIt Industry Awards in 2017.

Financial Technology Practice

Chapman’s interdisciplinary fintech team maintains a leading position within the emerging fintech space. Our fintech practice draws upon our banking and financial services, regulatory, corporate, and other practice groups, as well as our strategic footprint with offices in leading financial centers, including New York, Chicago, San Francisco, and Washington, DC. We routinely advise fintech clients on a variety of matters, including:

Digital Assets and Blockchain

Chapman attorneys have been at the forefront of developments in the digital asset and blockchain space. As the ecosystem of Bitcoin, digital assets, and blockchain technology has matured, so have the diversity, breadth, and depth of our representation. To date we have advised clients across legal products, including regulatory, corporate, investment management, tax, and litigation matters, and across borders on multi-jurisdictional mandates. We also maintain close relationships with leading trade organizations that represent the industry before regulatory bodies and local and federal governmental bodies, including the US Congress and Securities and Exchange Commission (SEC).

Marketplace Lending

Chapman has extensive experience representing internet-based platforms engaged in consumer, student, and small business lending and providing other financial products. We also represent many other clients engaged in marketplace lending transactions, including loan purchasers, warehouse line providers and securitizers. We help our clients comply with the novel legal and regulatory issues presented by these programs and assist them in obtaining access to (or providing) a variety of funding solutions. We wrote the book on the regulatory landscape that the entire industry has come to rely upon: “The Regulation of Marketplace Lending: A Summary of the Principal Issues.”

Issuance Programs and Regulatory Advice. We represent start-up platforms in negotiating loan sale and related agreements with originating bank partners and advise both platforms and investors regarding federal and state consumer protection, lending, and licensing laws and related regulatory requirements. 

Lending Facilities. We represent both lending platforms and loan investors in whole loan purchase programs, as well as commercial banks, investment banks and borrowers in the negotiation of warehouse loan facilities collateralized by marketplace loans. 

Securitization. We represent sponsors, underwriters and indenture trustees in marketplace loan securitizations. We also represent platforms in connection with their issuance of pass-through notes representing fractional interests in underlying marketplace loans. 

Investment Companies and Private Funds. We represent regulated investment companies and private funds in connection with investments in marketplace lending products and were the first to structure a closed-end fund filed with the SEC that focuses in marketplace lending investments.

Fintech and Marketplace Lending Updates

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