Marketplace Lending and Fintech: Chapman and Cutler LLP [PDF]

Southern District of New York Issues Decision on Remand in Madden. The Banking Law Journal. May 2017. The May 2015 decis

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Marketplace Lending and Fintech

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.

Chapman was named the “Top Law Firm” at the inaugural LendIt Industry Awards on March 7, 2017, recognizing the firm's achievement in marketplace lending and fintech. The LendIt Industry Awards were held in connection with the LendIt USA Conference in New York.

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.

MARKETPLACE LENDING AND FINTECH UPDATES CLIENT ALERT First Treasury Report on Financial Reform — Possible Securitization Impacts June 14, 2017

The 2017 update of Chapman's annual guide, "The Regulation of Marketplace Lending: A Summary of the Principal Issues," discusses a number of significant court cases and regulatory initiatives that have impacted marketplace lending over the past year. SUBSCRIBE

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RELATED AREAS Asset Securitization Commercial Lending Consumer Financial Services Investment Management Payment Products and Systems Private Funds: Fund/Sponsor Representation Private Funds: Investor Representation

On June 12, the Department of Treasury issued the first report in a series regarding regulation of the financial system in a manner consistent with Core Principles set forth in Executive Order 13772 signed by President Trump on February 3, 2017.

Registered Investment Companies

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Adrienne Ancheta

Topics: Asset-Backed Securities, Capital & Liquidity Standards, Regulation AB II

ATTORNEYS

Kelley Bender ARTICLE

Valerie Clark

Southern District of New York Issues Decision on Remand in Madden The Banking Law Journal May 2017

Walter Draney

The May 2015 decision of the U.S. Court of Appeals for the Second Circuit in Madden v. Midland Funding, LLC sent shockwaves through the marketplace lending industry, and nearly two years later the questions generated by this case remain largely unanswered. These questions have been further complicated by the long-awaited remand decision from the U.S. District Court for the Southern District of New York. Share

Topics: Interest & Usury, Madden, Marketplace Lending

Aaron Efta Marc Franson Scott Fryzel Melanie Gnazzo Heather Hansche Lindsay Henry Roy Kim Jenny Lee

WHITE PAPER

Peter Manbeck

The Regulation of Marketplace Lending: A Summary of the Principal Issues

Kenneth Marin Kellie Merkel

March 2017

Timothy Mohan Kathleen Moriarty

The 2017 update of Chapman's annual guide, "The Regulation of Marketplace Lending: A Summary of the Principal Issues," discusses a number of significant court cases and regulatory initiatives that have impacted marketplace lending over the past year.

Orion Mountainspring

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Joseph Silvia

Topics: CFPB, FDIC, Interest & Usury, Madden, Marketplace Lending, OCC

Barry Pershkow Todd Plotner Simone Tatsch

NEWS

Marilynn Tham

Chapman's Marc Franson Discusses "True Lender" Issues and the Madden Case (Video)

Morrison Warren

March 2017

Chapman Partner Marc Franson participated in a panel discussion, entitled "True Lender and Madden Case: Impact on the Industry Two Years In," at the 2017 LendIt USA Conference. Share

RECOGNITION Chapman Named “Top Law Firm” at the LendIt Industry Awards March 7, 2017

Chapman was named the “Top Law Firm” at the inaugural LendIt Industry Awards, recognizing the firm's outstanding achievement in marketplace lending and fintech. Share

CLIENT ALERT

Gregory Xethalis

Madden Remand Decision February 28, 2017

On February 27, the U.S. District Court for the Southern District of New York issued its long-awaited remand decision in Madden v. Midland Funding, LLC. Share

Topics: Interest & Usury, Madden, Marketplace Lending

ARTICLE Fintech: Friend or Foe of Banks? Illinois Banker November/December 2016

Considering the flurry of activity in the fintech arena, is there a place for banks and, if so, what role can banks play? Given that marketplace lending is the most developed form of fintech today, it can be analyzed to see how banks do play important roles and employ different strategies dealing with this emerging market segment. Share

Topics: CFPB, Marketplace Lending, OCC

TO THE POINT! OCC Will Grant Limited-Purpose Bank Charters to Fintech Companies Legal, Operations, and Strategy Briefs for Financial Institutions December 6, 2016

On Friday, Comptroller of the Currency Thomas Curry announced that the Office of the Comptroller of the Currency will issue limited-purpose bank charters to qualified fintech companies. Share

Topics: Consumer Finance, Marketplace Lending, OCC

ARTICLE New Maryland Court Decision: Potential Impact on Consumer Marketplace Lenders Lending Times July 25, 2016 (Originally Published July 22, 2016)

A recent decision of the Maryland Court of Appeals could require marketplace lenders and others who arrange for federal or state banks to fund consumer loans to consumers residing in Maryland to obtain licenses as “credit services businesses” and could prohibit them from arranging those loans at interest rates exceeding the applicable Maryland usury caps. Share

Topics: Interest & Usury, Marketplace Lending

CLIENT ALERT U.S. Treasury Department Issues White Paper on Marketplace Lending May 16, 2016

On May 10, 2016 the U.S. Department of the Treasury published a white paper entitled “Opportunities and Challenges in Online Marketplace Lending.” The White Paper follows the “Request for Information” which the Department published in July 2015 to solicit public input on various topics concerning marketplace lending. Share

Topics: Cybersecurity, Marketplace Lending, U.S. Treasury

ARTICLE FDIC Emphasizes Corporate Leadership to Address the Key Risk Management Issues Raised by Cybersecurity and Marketplace Lending Pratt's Privacy & Cybersecurity Law Report May 2016 (Originally Published February 3, 2016)

Pratt's Privacy & Cybersecurity Law Report republished a special edition of Chapman's To the Point! newsletter. Share

Topics: Cybersecurity, FDIC, Marketplace Lending

CLIENT ALERT Supreme Court Asks for Government View on Madden Appeal March 21, 2016

On Friday, March 18, 2016, the United States Supreme Court issued a call for the views of the Solicitor General of the United States before it decides whether to hear an appeal from a Second Circuit Court of Appeals decision rendered last May in the case of Madden v. Midland Funding, LLC. Share

Topics: Interest & Usury, Madden, Marketplace Lending

TO THE POINT! CFPB Turns Its Spotlight on Marketplace Lenders Legal, Operations, and Strategy Briefs for Financial Institutions March 10, 2016

On March 7, the CFPB announced that it is accepting consumer complaints about online marketplace lenders, giving consumers “a greater voice in these markets and a place to turn to when they encounter problems.” The CFPB also issued a bulletin to provide consumers with information on marketplace lending. Share

Topics: CFPB, Marketplace Lending

CLIENT ALERT New Federal Court Decision Applies the “True Lender” Doctrine to Internet-Based Payday Lender February 1, 2016

A recent decision of the U.S. District Court for the Eastern District of Pennsylvania has highlighted once again the regulatory risks that the so-called “true lender” doctrine can create for internet-based lenders who partner with banks to establish exemptions from applicable state consumer protection laws. Share

Topics: Interest & Usury, Marketplace Lending

CLIENT ALERT

Maryland Court Decision Could Affect Consumer Marketplace Lenders November 9, 2015

A recent decision of the Maryland Court of Special Appeals could impact marketplace and other lenders who arrange for federal or state banks to fund consumer loans in Maryland at rates in excess of the applicable Maryland usury caps. Share

Topics: Interest & Usury, Marketplace Lending

COMMENT LETTER SFIG Comment Letter on Marketplace Lending September 30, 2015

Chapman attorneys served as drafting counsel on a comment letter submitted to the Department of the Treasury by the Structured Finance Industry Group. Share

ARTICLE Federal Court Decision Creates Uncertainty for Non-Bank Loan Assignees and Certain Marketplace Lenders Regarding the Scope of Federal Preemption of State Usury Laws The Banking Law Journal September 2015 (Originally Published June 3, 2015)

The Banking Law Journal republished a Chapman Client Alert. Share

Topics: Interest & Usury, Madden, Marketplace Lending

CLIENT ALERT Second Circuit Declines to Rehear Madden Case August 13, 2015

In the case of Madden v. Midland Funding, LLC, the Second Circuit narrowly interpreted the scope of federal preemption of state usury laws under the National Bank Act as such laws apply to certain nonbank loan assignees. Share

Topics: Interest & Usury, Madden, Marketplace Lending

TO THE POINT! Bank Regulatory Newsletter Legal, Operations, and Strategy Briefs for Financial Institutions July 29, 2015

In this edition: Telephone Consumer Protection Act Declaratory Ruling CFPB First Monthly Complaint Report Treasury Department Inquires about Marketplace Lending Share

Topics: CFPB, Consumer Finance, Marketplace Lending, U.S. Treasury

TO THE POINT! Bank Regulatory Newsletter Legal, Operations, and Strategy Briefs for Financial Institutions May 8, 2015

In this edition: U.S. Supreme Court Will Not Hear CashCall Case – Uncertainty for Marketplace Lenders? FinCEN Current Priorities Guidance on Youth Savings Programs Overdraft Update – CFPB Enforcement Action Share

Topics: CFPB, FinCEN, Marketplace Lending

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