Bank Collaboration With Fintech Companies: Structuring Alternatives, Contract Provisions, Regulatory Concerns

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Thursday, July 25, 2019

Recorded event now available

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Program Materials

This CLE webinar will examine structuring alternatives for banks that seek to collaborate with fintech companies and the legal and regulatory issues that arise with each. The panel discussion will include key provisions to include in third-party contracts or joint ventures, and the mechanics of investing through a bank holding company or affiliate when a bank elects to invest in a fintech provider.

Description

Structuring a collaboration between a bank and a fintech company can be a substantial and complex undertaking. In addition to the traditional business considerations for any investment, joint venture, licensing, or business combination transaction, there are significant additional legal and regulatory considerations for both the bank and the fintech company when the two decide to partner in some way.

As an initial step, the bank and the fintech company should determine what they hope to achieve from the collaboration. Where a bank engages a fintech company to provide a particular product or service, the contractual arrangements must thoroughly set forth the respective rights and obligations of the parties. Regulators have indicated they will scrutinize the bank's due diligence, selection, and ongoing oversight of the third-party relationship and associated risk management principles, policies and procedures.

On the other end of the collaboration spectrum, a bank or a bank holding company may invest either in a fintech company directly or in an entity created to facilitate the collaboration--either to form a joint venture with the fintech company or as a special purpose entity. Legal, tax and accounting considerations may cause the parties to favor one structure over another. The manner and scope of the investment will also dictate the initial regulatory requirements.

Listen as our authoritative panel discusses the structuring, contractual, and regulatory issues banks and their counsel must consider when collaborating with fintech companies.

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Outline

  1. The emergence of fintech as a provider of banking services
  2. Regulatory concerns: due diligence, selection and ongoing oversight of the third-party relationship
  3. Deciding on the structure of collaboration--pros and cons of each
    1. Contract for service: key provisions
    2. Joint venture
  4. Structuring for bank investment in a fintech company
    1. Bank holding company
    2. Affiliate ownership

Benefits

The panel will review these and other key issues:

  • How does partnering with fintech companies enable smaller banks to better compete with larger banks?
  • What have regulators flagged as oversight problems when examining bank-fintech relationships?
  • What are the key provisions to include in a third-party contract with a technology service provider?
  • How are banks that wish to invest in fintech companies choosing to structure their ownership/investment?

Faculty

Dabertin, Mark
Mark T. Dabertin

Special Counsel
Pepper Hamilton

Mr. Dabertin has over 25 years of broad-based experience in financial services law and consumer and regulatory...  |  Read More

Kramer, Samuel
Samuel G. Kramer

Partner
Baker & McKenzie

Mr. Kramer is a partner in Baker McKenzie's Chicago office in the Intellectual Property and Technology practice. He...  |  Read More

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