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Practices
Fintech

We are a firm conscious of the evolution of the financial sector derived from the emergence of disruptive technologies and the use of these in providing better financial services.

We understand that the way to obtain or grant financing, raise funds, custody funds, and provide financial services through technology, has caused changes in the regulation of certain financial activities, so we seek to offer our clients specialized legal advise in all the regulatory aspects related to the design and implementation of all kinds of fintech businesses, including the support throughout the process (when applicable) of obtaining the authorization to operate either as a Financial Technology Institution or as a Regulatory Sandbox according to Mexican Fintech Law.

Our Firm has successfully advised clients on projects as diverse as Peer-to-Peer payment networks, digital wallets, payment services, crowdfunding mechanisms, software as a service (SaaS), banking as a service (BaaS), among others.

Our Services include:

  • Fintech Projects
    1. Evaluation of ideas and business models to determine if they require a particular authorization or permit to operate as a regulated entity.

    2. Counseling and support in the preparation, filing and monitoring of applications for licenses, permits and authorizations with financial authorities.

    3. Legal support during the preparation of all documentation and information related to the application to operate as a Financial Technology Institution, such as: (i) Business Plan; (ii) Financial Feasibility Study; (iii) General description of the financial model; (iv) Operation, internal control and risk management manuals; (v) special permits to receive cash and/or foreign currency and/or virtual assets, among others;

    4. Corporate advice and implementation of corporate governance structures.

    5. Drafting of General Agreements and Legal Documents such as Terms and Conditions, Privacy Policies, Disclaimers, Clickwrap and Browsewrap Agreements, among others.
    6. Drafting and negotiations of specialized agreements such as Banking as a Service (BaaS), Software as a Service (SaaS), Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) agreements, among others.

    7. Regulatory compliance with relevant laws, policies and regulations applicable to the particular fintech business model, including Anti-Money Laundering Provisions, when applicable.
    8. Counseling, representation and support during the fundraising rounds.

    9. Advice in other applicable and related regulations.


  • Private Equity Funds
    1. We offer legal advice in all aspects related to the operations and activities of an investment fund, from its creation and raising of funds, to the structuring of the investments made as a result of its operation.

As we believe that it is not only important to know the industry and its technical aspects to help our clients be disruptive; we constantly collaborate with the other specialized practice teams of our Firm, in order to generate solutions that are truly tailored made to the needs of our clients.

As we understand that the Fintech industry is global, our Firm is also part of Legalink®, a broad network that brings together the most prestigious law firms around the world in the same alliance. Thanks to this integration, we now have new collaboration schemes that allow us to offer our Clients more extensive services for their projects around the world.

 

Edmundo Elías Loyola

Junior Associate

Real Estate and Urban Development , Blockchain & Criptoactivo, Fintech

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