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1.
Which activities trigger a licensing requirement in your jurisdiction?
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2.
Is consumer lending regulated in your jurisdiction? Describe the general regulatory regime.
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3.
Are there restrictions on trading loans in the secondary market in your jurisdiction?
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4.
Describe the general regulatory regime for collective investment schemes and whether fintech companies providing alternative finance products or services would generally fall within the scope of any such regime.
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5.
Are managers of alternative investment funds regulated?
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6.
May regulated activities be passported into your jurisdiction?
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7.
May fintech companies obtain a licence to provide financial services in your jurisdiction without establishing a local presence?
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8.
Describe any specific regulation of peer-to-peer or marketplace lending in your jurisdiction.
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9.
Describe any specific regulation of crowdfunding in your jurisdiction.
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10.
Describe any specific regulation of automated investment advice in your jurisdiction.
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11.
Describe any specific regulation of invoice trading in your jurisdiction.
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12.
Are payment services a regulated activity in your jurisdiction?
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13.
Do fintech companies that wish to sell or market insurance products in your jurisdiction need to be regulated?
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14.
Are there any legal or regulatory rules in your jurisdiction regarding the provision of credit references or credit information services?
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15.
Are there any legal or regulatory rules in your jurisdiction that oblige financial institutions to make customer or product data available to third parties?
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16.
Does the regulator in your jurisdiction make any specific provision to encourage the launch of new banks?
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17.
Describe any specific rules relating to notification or consent requirements if a regulated business changes control.
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18.
Does the regulator in your jurisdiction make any specific provision for fintech services and companies? If so, what benefits do those provisions offer?
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19.
Does the regulator in your jurisdiction have formal relationships or arrangements with foreign regulators in relation to fintech activities?
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20.
Are there any local marketing rules applicable with respect to marketing materials for financial services in your jurisdiction?
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21.
If a potential investor or client makes an unsolicited approach either from inside the provider’s jurisdiction or from another jurisdiction, is the provider carrying out a regulated activity requiring a licence in your jurisdiction?
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22.
If the investor or client is outside the provider’s jurisdiction and the activities take place outside the jurisdiction, is the provider carrying out an activity that requires licensing in its jurisdiction?
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23.
Are there continuing obligations that fintech companies must comply with when carrying out cross-border activities?
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24.
Are there any legal or regulatory rules or guidelines in relation to the use of distributed ledger (including blockchain) technology in your jurisdiction?
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25.
Are there any legal or regulatory rules or guidelines applicable to the use of digital currencies or digital wallets, including e-money, in your jurisdiction?
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26.
Are there any rules or guidelines relating to the operation of digital currency exchanges or brokerages in your jurisdiction?
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27.
Are there legal or regulatory rules or guidelines in relation to initial coin offerings (ICOs) or token generating events in your jurisdiction?
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28.
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?
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29.
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? May these loans be assigned without informing the borrower?
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30.
Will the securitisation be subject to risk retention requirements?
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31.
Would a special purpose company for purchasing and securitising peer-to-peer or marketplace loans be subject to a duty of confidentiality or data protection laws regarding information relating to the borrowers?
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32.
Which intellectual property rights are available to protect software, and how do you obtain those rights?
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33.
Is patent protection available for software-implemented inventions or business methods?
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34.
Who owns new intellectual property developed by an employee during the course of employment?
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35.
Do the same rules apply to new intellectual property developed by contractors or consultants? If not, who owns such intellectual property rights?
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36.
Are there any restrictions on a joint owner of intellectual property’s right to use, license, charge or assign its right in intellectual property?
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37.
How are trade secrets protected? Are trade secrets kept confidential during court proceedings?
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38.
What intellectual property rights are available to protect branding and how do you obtain those rights?
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39.
How can new businesses ensure they do not infringe existing brands?
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40.
What remedies are available to individuals or companies whose intellectual property rights have been infringed?
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41.
Are there any legal or regulatory rules or guidelines surrounding the use of open-source software in the financial services industry?
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42.
What are the general legal or regulatory requirements relating to the use or processing of personal data?
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43.
Are there legal requirements or regulatory guidance relating to personal data specifically aimed at fintech companies?
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44.
What legal requirements or regulatory guidance exists in respect of anonymisation and aggregation of personal data for commercial gain?
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45.
Are there legal requirements or regulatory guidance with respect to the outsourcing by a financial services company of a material aspect of its business?
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46.
How common is the use of cloud computing among financial services companies in your jurisdiction?
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47.
Are there specific legal requirements or regulatory guidance with respect to the use of cloud computing in the financial services industry?
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48.
Are there specific legal requirements or regulatory guidance with respect to the internet of things?
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49.
Are there any tax incentives available for fintech companies and investors to encourage innovation and investment in the fintech sector in your jurisdiction?
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50.
Are there any specific competition issues that exist with respect to fintech companies in your jurisdiction or that may become an issue in future?
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51.
Are fintech companies required by law or regulation to have procedures to combat bribery or money laundering?
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52.
Is there regulatory or industry anti-financial crime guidance for fintech companies?
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