FinTech

The growing importance of digitalisation also for financial services has led to the emergence of new companies providing innovative solutions. They leverage the latest technological opportunities to provide financial services themselves or support established institutions in doing so.

It is no wonder that the range of fintech offerings is very broad. The diversity of these services makes legal advice in this field very complex, too, as it has to cover a whole range of subject areas. As a “full-service” firm in the best sense of the term, Noerr is in an ideal position to meet the complex needs of fintech firms and their partners (whether shareholders or cooperation partners) for legal advice in this area.

Our services

We have been providing legal advice on the topics below at the highest level for many years. For more details, we refer to our expertise in company, IT and intellectual property law and likewise in regulatory matters.

IT

Advising and supporting clients at all stages of outsourcing and cloud computing projects
Advising and supporting clients in all issues involving data protection and, where applicable, profession- or industry-specific provisions to protect confidentiality
Planning, conducting and supporting complex IT projects, including identifying the legal risks and requirements and advising on suitable measures
Drafting, reviewing and optimising contracts for IT products and services, plus supporting clients with downstream contract management
Planning and drafting contracts and licensing models, including supporting clients with software licence management
Advising and assisting in drafting and implementing IT restructuring plans, including after a merger or joint venture
Advising, supporting and representing clients in national and international disputes involving IT-specific issues
Planning and supporting IT projects in the areas of trading, payment systems and e-commerce

Financial regulatory

Advising on regulatory and banking law issues, especially regarding the German Banking Act, German Payment Services Supervision Act, German Investment Code, German Insurance Supervision Act and German Stock Exchange Act
Advising on ongoing operations (e.g. money laundering law, risk management requirements)
Designing innovative business models taking into account supervisory law requirements

Advising on venture capital, founding companies and growth phases

Advising during all development phases, from founding a company (early-stage finance) to exit
Growth capital advice
Equity investments by investors
Legal support for cooperative ventures or funding rounds

Your benefits

IT law

Digitalisation is proving to be a driver and starting point for nearly all fintech services. While fintech companies’ business models and activities are often designed with cross-border activities in mind right from the start, the legal conditions under which they operate are still often dictated by national rules and regulations in the jurisdictions concerned. As a result, companies are faced with significant compliance requirements. Legal support for these business models often involves IT and data protection issues.

Not least due to our business and technical understanding, Noerr has been one of Germany’s leading IT law firms for many years. Some 25 experienced specialists provide interdisciplinary advice on all legal (and tax-related) issues in the area of converging technology, from IT projects, data protection and IT security to digital media and e-commerce, complex cross-border outsourcing projects, IT transactions and restructurings. Based on our extensive experience and all-round expertise in IT and data privacy law, we develop workable, effective and innovative legal solutions for fintech companies.

Financial regulatory

One key aspect of fintech advisory services is recording and controlling the regulatory implications of your business activities. The related topics range from the issue of whether a business model can be designed so that regulatory authorisations under German banking, payment services, investment, insurance supervision or stock exchange laws are not required – for example by having a white-label structure by cooperating with a bank or making use of available exemptions – to support in authorisation proceedings when a licence is needed, or the requirements to be met during ongoing business activities (e.g. obligations under money laundering law, risk management requirements, internal governance and remuneration systems). The financial regulatory issues are relevant to any business collaborating with fintech companies because under company law, equity investments may require an ownership control procedure to be carried out and often special legal requirements (on outsourcing, for instance) must be observed when drafting collaboration agreements.

Start-up advice

Fintech companies are often young businesses that want to grow quickly using innovative ideas. So they face the common challenges of start-ups. These include stabilising the group of shareholders and acquiring the funding necessary for further growth. In the light of this, it has proven essential when advising fintech companies to be familiar with the issues that may be important to current or future investors in a start-up. As our clients include both investors and fintechs, we are aware of all the interests in question and can thus develop expedient solutions that are also amenable to compromise.

IP law

Digitalisation is proving to be a driver and starting point for nearly all fintech services. So during our legal support we often consider the issue of how to optimise data processing and patent protection. Since fintech companies always focus on technological progress as well, helping our clients to acquire technical property rights such as patents and utility models is a key part of our all-round advice to clients in the financial sector. Here you can benefit from our many years of experience. Over the past few years, Noerr has advised many banks and tech companies on producing and acquiring patents in Germany, Europe and the US in collaboration with the patent attorneys at Bosch Jehle.