The lawyers of the team provide assistance on a wide range of financial and regulatory activities including banking law, brokerage and investment services law, collective savings management law, capital markets law, structured finance law and more generally law pertaining to financial markets and operations, with particular focus on payment services and electronic money issue, as well as crowdfunding, peer-to-peer lending, mobile payments and payment aggregator activities.
More specifically, the assistance provided concerns:
- support for payment and electronic money providers when undergoing authorisation procedures with Banca d’Italia, drawing up all the technical documentation necessary for the authorisation application;
- the drafting of opinions and operational solutions for all regulatory matters, for example on: banking transparency, usury, money-laundering legislation, asset adequacy and regulatory capital;
- support for the drafting and updating of contractual and transparency documentation to be used in client relations for each type of product (e.g. payment cards, payment accounts, etc); of internal procedures, in service distribution agreements; in the formation of commercial agreements and agreements with distribution networks (e.g. financial agents, credit brokers and other parties with whom an arrangement is in place);
- assistance for the structuring and negotiation of acquiring agreements with merchant aggregators and payment facilitators;
- regulatory consultancy for payment service providers in the mobile payment sector;
- assistance for payment service lenders in fulfilling regulatory obligations and in drafting contractual documents regarding the offer of their services on the Italian market;
- assistance regarding compliance in day-by-day business activities, for control functions (e.g. compliance, money laundering and auditing);
- assistance provided to payment service providers regarding inspection and penalty procedures carried out by Banca d’Italia.
