Getting The Deal Through logo
Getting The Deal Through


Published: September 2019


    Expand All / Collapse All

  • 1.

    General innovation climate
    What is the general state of fintech innovation in your jurisdiction?

  • 2.

    Government and regulatory support
    Do government bodies or regulators provide any support specific to financial innovation? If so, what are the key benefits of such support?

  • 3.

    Regulatory bodies
    Which bodies regulate the provision of fintech products and services?

  • 4.

    Regulated activities
    Which activities trigger a licensing requirement in your jurisdiction?

  • 5.

    Consumer lending
    Is consumer lending regulated in your jurisdiction?

  • 6.

    Secondary market loan trading
    Are there restrictions on trading loans in the secondary market in your jurisdiction?

  • 7.

    Collective investment schemes
    Describe the regulatory regime for collective investment schemes and whether fintech companies providing alternative finance products or services would fall within its scope.

  • 8.

    Alternative investment funds
    Are managers of alternative investment funds regulated?

  • 9.

    Peer-to-peer and marketplace lending
    Describe any specific regulation of peer-to-peer or marketplace lending in your jurisdiction.

  • 10.

    Describe any specific regulation of crowdfunding in your jurisdiction.

  • 11.

    Invoice trading
    Describe any specific regulation of invoice trading in your jurisdiction.

  • 12.

    Payment services
    Are payment services regulated in your jurisdiction?

  • 13.

    Open banking
    Are there any laws or regulations introduced to promote competition that require financial institutions to make customer or product data available to third parties?

  • 14.

    Insurance products
    Do fintech companies that sell or market insurance products in your jurisdiction need to be regulated?

  • 15.

    Credit references
    Are there any restrictions on providing credit references or credit information services in your jurisdiction?

  • 16.

    Can regulated activities be passported into your jurisdiction?

  • 17.

    Requirement for a local presence
    Can fintech companies obtain a licence to provide financial services in your jurisdiction without establishing a local presence?

  • 18.

    What restrictions apply to the sales and marketing of financial services and products in your jurisdiction?

  • 19.

    Notification and consent
    Describe any rules relating to notification or consent requirements if a regulated business changes control.

  • 20.

    Anti-bribery and anti-money laundering procedures
    Are fintech companies required by law or regulation to have procedures to combat bribery or money laundering?

  • 21.

    Is there regulatory or industry anti-financial crime guidance for fintech companies?

  • 22.

    Execution and enforceability of loan agreements
    What are the requirements for executing loan agreements or security agreements? Is there a risk that loan agreements or security agreements entered into on a peer-to-peer or marketplace lending platform will not be enforceable?

  • 23.

    Assignment of loans
    What steps are required to perfect an assignment of loans originated on a peer-to-peer or marketplace lending platform? What are the implications for the purchaser if the assignment is not perfected? Is it possible to assign these loans without informing the borrower?

  • 24.

    Securitisation risk retention requirements
    Are securitisation transactions subject to risk retention requirements?

  • 25.

    Securitisation confidentiality and data protection requirements
    Is a special purpose company used to purchase and securitise peer-to-peer or marketplace loans subject to a duty of confidentiality or data protection laws regarding information relating to the borrowers?

  • 26.

    Artificial intelligence
    Are there rules or regulations governing the use of artificial intelligence, including in relation to robo-advice?

  • 27.

    Distributed ledger technology
    Are there rules or regulations governing the use of distributed ledger technology or blockchains?

  • 28.

    Are there rules or regulations governing the use of cryptoassets, including digital currencies, digital wallets and e-money?

  • 29.

    Digital currency exchanges
    Are there rules or regulations governing the operation of digital currency exchanges or brokerages?

  • 30.

    Initial coin offerings
    Are there rules or regulations governing initial coin offerings (ICOs) or token generation events?

  • 31.

    Data protection
    What rules and regulations govern the processing and transfer (domestic and cross-border) of data relating to fintech products and services?

  • 32.

    What cybersecurity regulations or standards apply to fintech businesses?

  • 33.

    Are there legal requirements or regulatory guidance with respect to the outsourcing by a financial services company of a material aspect of its business?

  • 34.

    Cloud computing
    Are there legal requirements or regulatory guidance with respect to the use of cloud computing in the financial services industry?

  • 35.

    IP protection for software
    Which intellectual property rights are available to protect software, and how do you obtain those rights?

  • 36.

    IP developed by employees and contractors
    Who owns new intellectual property developed by an employee during the course of employment? Do the same rules apply to new intellectual property developed by contractors or consultants?

  • 37.

    Joint ownership
    Are there any restrictions on a joint owner of intellectual property’s right to use, license, charge or assign its right in intellectual property?

  • 38.

    Trade secrets
    How are trade secrets protected? Are trade secrets kept confidential during court proceedings?

  • 39.

    What intellectual property rights are available to protect branding and how do you obtain those rights? How can fintech businesses ensure they do not infringe existing brands?

  • 40.

    Remedies for infringement of IP
    What remedies are available to individuals or companies whose intellectual property rights have been infringed?

  • 41.

    Sector-specific issues
    Are there any specific competition issues that exist with respect to fintech companies in your jurisdiction?

  • 42.

    Are there any tax incentives available for fintech companies and investors to encourage innovation and investment in the fintech sector in your jurisdiction?

  • 43.

    Increased tax burden
    Are there any new or proposed tax laws or guidance that could significantly increase tax or administrative costs for fintech companies in your jurisdiction?

  • 44.

    Sector-specific schemes
    What immigration schemes are available for fintech businesses to recruit skilled staff from abroad? Are there any special regimes specific to the technology or financial sectors?

  • Updates and trends

View profile

Kochhar & Co is a leading full service commercial law firm with the best national presence among all law firms in India with more than 200 lawyers. The firm enjoys the distinction of being the only Indian law firm with a full service presence in six prominent Indian cities of New Delhi, Bangalore Mumbai, Chennai, Gurgaon and Hyderabad and four overseas offices – Dubai, Singapore, Jeddah and Atlanta.

View more information about Kochhar & Co

201 Prestige Sigma
3 Vittal Mallya Road, 560001
T: +91 80 4112 4994
F: +91 80 4112 4998


Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content


Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn