FinTech

Our FinTech experts work closely alongside our technology, intellectual property, data, privacy, and corporate and tax specialists, to provide advice and targeted solutions for your business.

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​​Whether you are a start-up, or an established player embracing innovative products and services, our specialist FinTech Team has the market-leading expertise to ensure that your FinTech (or RegTech, Robo-Advice or InsurTech) venture has the best prospects of success.

FinTech is the label used to describe the range of technological applications bringing innovation to banking, payment systems, insurance, derivatives, and asset management services. It includes:

  • Digital banking, payment and trading systems.
  • Peer-to-peer lending and insurance.
  • Crowd-funding.
  • Robo-advice – the use of artificial intelligence and machine learning to provide personalised financial advice.
  • InsurTech – driven by advances in blockchain and smart contracts.

Our FinTech experts work closely alongside our technology, intellectual property, data, privacy, and corporate and tax specialists, to provide advice and targeted solutions for your business. We have advised FinTech ventures in relation to banking and peer-to-peer lending, payments including digital wallets and contactless solutions, online trading platforms, capital markets, custody, derivatives, asset management, financial advice and insurance. We have also advised funders to and investors in FinTech ventures.

Navigating the regulatory environment
A clear assessment of the regulatory environment and associated risks is critical to the success of your FinTech venture. Our financial services regulatory experts will ensure you get your compliance right from the start. In addition to registration and licensing requirements for financial service providers, we advise on the full suite of securities, consumer credit and responsible lending laws, market conduct, privacy and data protection, anti-money laundering rules, and other prudential regulations for banks, non-bank deposit takers and insurers, as well as providing financial advice. View our financial sector regulatory expertise here.

Data, privacy, cyber-security and customer trust
Data is critical to most FinTech business models. Unlocking the value of your data requires an understanding of current and emerging trends in data protection and privacy laws, as the "open data" movement challenges ownership and control of data as a valuable business asset.

We know that, for FinTechs, gaining the trust of your customers is paramount. So we can craft a transparent, future-proof privacy policy. We can also help you formulate a robust cyber security policy and governance protocols to protect against - and respond to - cyber attacks.

Intellectual property and contracting
Our team’s experts can advise you on how to protect your proprietary algorithms and software, and assist in the negotiation of confidentiality and licensing arrangements. We will also advise you on how to contract effectively (with appropriate safeguards) with your customers, employees, and commercial partners.

Capital structure, shareholder arrangements and governance
To maximise flexibility and future value, our team will ensure your corporate and capital structure is fit-for-purpose and tax-efficient. We can advise you on best practice governance protocols and help you bring on board equity investors, and debt funders and prepare for a listing. When it is time to scale, or to look to offshore investors, we can use our international connections to provide you with multi-jurisdictional legal, regulatory and tax advice.

Joint ventures and alliances
We are increasingly seeing start-ups and incumbents entering into FinTech partnerships. We can advise on the most effective collaboration structure and help you negotiate the best outcome for your business and shareholders.

Robo-Advice and digital broking
Advised robo-advice platforms on their regulatory compliance.

Advised online financial brokers on their regulatory compliance.

Online lending / digital banking / data analytics
Advised major banks on all their processes and documentation for new digital customer channels.

Advised online consumer lenders on their documentation and processes for compliance.

Advised banks on the compliance of their data analysis methodology with responsible lending laws.

Peer-to-peer lending and financing solutions
Advised peer-to-peer online payment solution providers on the structuring and compliance of their New Zealand businesses.

Acted for the trustee on the establishment of a master unit trust structure and a wholesale unit trust to provide funding to Harmoney, New Zealand's first peer-to-peer lending platform.

Online payment and data services / electronic wallets
Advised Bloomberg, Western Union and WorldPay on issues relating to online payment and data services.

Advised Air New Zealand on the regulatory compliance of its electronic payment solutions.

Advised EROAD Limited on aspects of its regulatory compliance in connection with its online payments.

Advised The New Zealand Lotteries Commission on the design of its online player wallet, MyLotto.

Advised Auckland Transport on the Auckland Integrated Fares Systems smartcard project - the Hop card.

Online trading platforms
Advised NAB, Bloomberg and UBS on issues relating to online trading platforms.

IPO and capital raisings / joint ventures
Advised Xero on its successful IPO on NZSX, dual-listing on ASX, and its subsequent capital raisings (through private placements) and corporate work.

Advised Air New Zealand and Aimia, a Canadian marketing and loyalty analytics company, on the acquisition of Waikato University spinoff 11Ants Analytics, which sells a cloud-based customer service platform. Advised Air New Zealand on the shareholders' agreement entered into with Aimia and acted for the joint venture on the ensuing acquisition.

Clearing and settlement
Advised LCH Clearnet and Clearstream on issues relating to offering their clearing and settlement services in New Zealand.

Advised CLS Bank on its designation as a settlement system, including submissions on the form of Part 5C of the Reserve Bank of New Zealand Act.

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  • Rachel Paris

    Partner Auckland
  • David Craig

    Partner Wellington