transcript   Transcript

Marketplace Lending Matures; Investment Structures

Recorded on: Sep. 8, 2017
Running Time: 01:45:56

Full Transcript:

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Taken from the Web Program Marketplace Lending and Crowdfunding 2017 recorded September 2017 in New York.

Marketplace Lending Matures; Investment Structures [01:45:56]

Marketplace Lending Matures

  • Banking regulations and the “front end”: the lender license, rate exportation and usury laws
  • OCC Special Purpose Fintech charters: where do we stand?
  • Bank Partnerships vs. State Licensing
  • Role of CFPB, OCC and other regulators: who’s in charge here?
  • Latest on Madden v. Midland case, state follow-on cases, circuit splits and impact on MPL structures
  • CashCall, Bill Me Later, Bethune and the True Lender cases
  • Tribal funding legal structures: what works and what does not?

Arlen W. Gelbard, Kenneth P. Marin, Michael Nonaka, Brian K. Victor

Marketplace Lending Investment Structures (45 minutes)

  • Fund formation and management in Marketplace Lending:private/public (closed-end) and onshore/offshore
  • Broker-dealer and SEC registration issues in loans, loan participations and payment-dependent notes
  • Investment advisors and protecting the client: “When am I giving advice?”
  • Onshore and offshore tax developments: seasoning period, effectively connected income and unrelated business taxable income

Julia D. Corelli, Edward Dartley, Robert Duran

The purchase price of this segment includes the following article from the Course Handbook available online:

  • The Regulation of Marketplace Lending: A Summary of the Principal Issues, Chapman and Cutler LLP (March 2017 Update)
    Brian S. Korn
  • Curry in a Hurry: OCC Publishes Fintech Charter Standards (March 20, 2017)
    Brian S. Korn, Benjamin T. Brickner
  • Borrower Wins Key Victory in Madden v. Midland (March 3, 2017)
    Benjamin T. Brickner, Brian S. Korn
  • Madden High Court Denial—Much Ado About Not Much
    Richard E. Gottlieb, Brian S. Korn
  • Justice Department Sides With Financial Industry on Madden Case (May 25, 2016)
    Brian S. Korn
  • Madden Tells Scotus That Marketplace Lenders Should Not Worry About Madden (February 26, 2016)
    Brian S. Korn
  • Collaboration Between Regional and Community Banks and Fintech
    Brian S. Korn

Presentation Material

  • Marketplace Lending Matures
    Arlen W. Gelbard
  • OCC Special Purpose Charter for Fintech Companies
    Preetha P. Gist
  • Marketplace Lending Investment Structures
    Julia D. Corelli, Edward Dartley, Robert Duran
Julia D Corelli ~ Pepper Hamilton LLP
Edward Dartley ~ K&L Gates LLP
Robert Duran ~ Manatt, Phelps & Phillips, LLP
Arlen W Gelbard ~ EVP, General Counsel, Cross River Bank
Kenneth P Marin ~ Chapman & Cutler LLP
Michael Nonaka ~ Covington & Burling LLP
Brian Victor ~ Vice President & Associate General Counsel, Social Finance, Inc.
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