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Fintech law - financial technology legal services

Legal services tailored to the unique needs of fintech companies are becoming increasingly essential. Fintech firms operate in a highly regulated environment where compliance is paramount. Additionally, as fintech innovations often challenge traditional financial models, legal services are vital in many areas including negotiating partnerships, drafting contracts, and safeguarding intellectual property.

Given the rapid evolution and disruptive nature of fintech, legal expertise is crucial for managing risks, ensuring regulatory compliance, and fostering innovation within the sector. If you would like to discuss your requirements with our legal experts please call us on 01616 966 229, alternatively complete our online enquiry form and we will contact you directly. 

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Legal services for fintech companies

We can help with a wide range of services, including: 

Entity formation

We can assist in selecting and forming the appropriate legal entity structure for the start-up, whether it's a corporation, limited liability company, partnership, or other entity. This includes preparing and filing necessary formation documents and ensuring compliance with applicable regulations.

Corporate governance

We can advise on corporate governance matters, such as drafting bylaws of the company, operating agreements, shareholder agreements, and other internal governance documents. We can also help establish governance structures and procedures to ensure compliance with legal requirements and facilitate smooth decision-making processes.

Fundraising

We can provide guidance on fundraising strategies and assist in negotiating and drafting investment agreements, including convertible notes and other financing documents.

Equity incentive plans

We can develop equity incentive plans to align employee incentives with the company's growth and success. Assist in structuring equity grants, such employee stock option schemes, to motivate and reward employees based on performance milestones and/or exit events.

Intellectual property protection

Our experts can help identify and protect the company’s intellectual property assets, including trademarks, copyrights and trade secrets. Draft and negotiate licencing agreements, technology transfer agreements, and confidentiality agreements to safeguard proprietary technology and content.

Contracts and commercial agreements

We can draft, review, and negotiate various contracts and commercial agreements essential to a company’s operations, such as customer agreements, vendor agreements, partnership agreements, service agreements, and software licencing agreements.

Company reorganisation

Reorganisation can help companies address financial challenges such as debt restructuring, capital allocation, or improving cash flow management and it could also be for strategic purposes to enter into a new market and streamline their processes. We can advise on the most appropriate legal structure for such a reorganisation and assist them with the necessary transactional documents.

Exit strategies

We can provide advice on exit strategies for founders and investors, including acquisitions, mergers, and other liquidity events. Help negotiate and finalise exit deals to optimise value for the shareholders.

Employment law support

To be a best practice employer, particularly in a fast-growing fintech company, it's crucial to have robust legal employment practices and policies in place. Often it can be difficult to keep up with what is legally required in a fast-growing company and sector. Fintech companies often have employees working according to different contracts and remotely all of which can prove challenging from compliance and performance perspective. Here are some points that need to be considered:

Equal employment opportunity policies

Implement policies that ensure fair treatment and equal opportunities for all employees, regardless of their race, gender, age, religion, sexual orientation, or disability.  We can assist with the drafting of a policy or review existing policies.

Employment contracts

Ensure that every employee has a written employment contract outlining their terms of employment, including job duties, compensation, benefits, and termination procedures. Is it important to have legally binding contracts tailored to the specific needs of your fintech company.

Data protection and privacy policies

Given the sensitive nature of financial data in fintech companies, it's essential to have strict data protection and privacy policies in place to comply with regulations such as the General Data Protection Regulation (GDPR) in the UK.  We can assist with policies to protect both employee and client data.

Health and safety regulations

Comply with health and safety regulations to ensure a safe working environment for employees. This includes conducting risk assessments, providing adequate training, and implementing safety protocols. As a company grows it may move premises and it is important that health and safety is reassessed.

Employee benefits and leave policies

Establish comprehensive policies regarding employee benefits, such as healthcare, pensions, and paid time off, as well as procedures for parental leave, sick leave, and other types of statutory leave. This is important as it sets the basis and clear understanding for employees and the business. This can be hard to keep up to date as there is frequent updates to employment legislation. From April 2024, there will be a wealth of change in some of these areas. Employment law in 2024 - what you need to know

Disciplinary and grievance procedures

Implement clear procedures for handling disciplinary issues and employee grievances, including investigation processes, disciplinary actions, and avenues for appeal.  We can assist ensuring risk is minimised to the employer.

Remote work policies

With the increasing prevalence of remote work, especially in the wake of events like the COVID-19 pandemic, establish policies governing remote work arrangements, including expectations, communication protocols, and cybersecurity measures.

Training and development programs

We provide bespoke training, the topics include:

  • Equality, diversity and inclusion
  • Performance management
  • Sickness absence management
  • TUPE and restructures
  • Exits and settlement agreements
  • Compliance and GDPR

By the end of the training, participants will have a comprehensive understanding of key employment law topics, empowering businesses to make informed decisions and mitigate risks effectively.

Employment law specialists play a crucial role in helping fintech companies navigate the complex legal landscape of employment regulations. We can provide expert guidance on developing and implementing policies that not only comply with the law but also promote a positive work environment and mitigate legal risks. Some companies chose to subscribe to our fixed price employment law package. We keep you up to date with the latest legislation and its impact on your business. If things do go wrong we'll prepare your case and represent you in court or tribunal – a source of comfort in view of the growing 'compensation culture' or alternatively we can advise on a case by case basis.

If you would like to discuss or enquire about any commercial or employment law services please contact us today.