Online Lending

Our full suite of legal services for platforms and investors includes advising on startup corporate structuring and compliance and other launch issues; structuring seed and venture capital financing; preparing investment fund formation documentation; counseling on broker-dealer formation, registration, and operations; and assisting with investment adviser registration and operations. Our team also counsels on primary and secondary loan purchases and advises on privacy, data security, and tax strategies.

We also handle matters related to small and medium-sized enterprises (SMEs), real estate acquisition and improvement, dedicated online lending broker-dealers (acquisition, formation, and regulation), project finance, solar finance, student lending, tribal lending, merchant cash advance, and other niche lending businesses.

We have the specific experience and legal skills necessary to handle Consumer Financial Protection Bureau (CFPB) issues, as well as other state and federal bank regulatory compliance. We draw on our experience in the traditional Securities and Exchange Commission (SEC)-registered online lending context, along with new and emerging areas of capital raising, including Title II, Title III, and Title IV (Regulation A/A+) of the JOBS Act and Section 3(a)(11) (intrastate exemption) under the Securities Act.

We work closely with our regulatory and compliance attorneys, who are well-versed in federal and state lending laws relating to both small business lending and consumer lending. In the consumer lending area, we have advised regulated and unregulated financial firms in lending on a national basis. Our attorneys know the federal regulatory agency rules and have experience with the 18 consumer protection statutes promulgated by the CFPB, including Regulations Z, E, and B; the Gramm-Leach-Bliley privacy rules; and the state rules and regulations governing usury.