Amicus has been a part of the fintech ecosystem since 2015 when the sector was still at its nascent stage. The Firm has advised clients, including regulated entities on tie ups with fintech partners, lending documentation for consumer finance, issues relating to know your customer guidelines, privacy and sharing of data of customers with partners. The Firm has successfully structured, negotiated, and closed transactions on varied financial and credit products including revolving facilities, EMI Cards, buy now pay later, POS lending, device lock functionality and wallets. On the regulatory side, the Firm interacts regularly with industry associations, such as Digital Lender’s Association of India, and regulator to help establish norms and regulations for fintech industry.
Further, the Indian economy is seeing accelerated number of start-ups and keen interest from investors across spectrum of sectors and stages of investments. As a result, the Firm has also witnessed increased volume of work in advising both investors and founders on private equity investments in fintech companies. Even where the Firm has acted as a counsel for the investors, the fintech companies and their founders rely on the Firm’s private equity team to safeguard their interest. The Firm’s venture capital practice in the areas is also set to grow as the Firm was the official legal partner for Fintech Yatra, 2020, one of India’s largest fintech accelerator programs.
Amicus has also been ranked as an Award-Winning Law Firm 2021 for Fintech by India Business Law Journal and has also been ranked as a Notable Firm by Asialaw Profiles 2021 and 2022.
The Firm has advised a NBFC on setting up of its fintech practice.
The Firm has advised its clienton a minority stake in various fintech entities including debt recovery platform, payment wallet etc. Since the Client was minority shareholder in the Company, negotiations were especially difficult, however, the Firm was able to include tag rights, information rights and pre-emptive rights.
The Firm has adviseda leading digital lender on its tie ups with a leading global payment online wallet and digital payment system. The negotiations were particularly tricky as the Firm had to align the partner’s global standard draft to Indian laws, RBI Guidelines and the digital lender’s commercial and data ownership imperatives, while maintaining the essence of the partners position on some key issues such as privacy and confidentiality of data.
The Firm has advised a lender on its lending tie up with a leading mobile phone OEM for providing customers of the OEM with credit products. The transaction involved linking the technology system/web application(s) of the Client with the application, website and mobile site of the OEM. This required working with the technology teams to understand the entire process to ensure that necessary protections and safeguards are provided in the agreement adequately protecting DMI against any technical glitch or security breach at the OEM’s end. Further, substantial client data/user data was being provided to the OEM and careful negotiation and drafting of confidentiality and privacy clauses became paramount.
The Firm advised DMI Finance Private Limited on its tie up with Samsungfor one of the first of its kinds in store fully digital lending programs, Samsung Finance Plus, made available for purchase of Samsung phones across the country.