The Agenda


Great events always begin with great programming. The LoanTape Conference is aimed at filling the need professionals have for more comprehensive information about non-bank business lending.

The LoanTape Conference - January 30, 2018

07:30 AM

Registration, Breakfast & Networking

08:20 AM

Opening Remarks

08:30 AM

Discussing the Unique Legal/Regulatory Position of Nonbank Lenders (Panel)

  • General framework outside traditional regulatory oversight.
  • Landscape of players including direct alt-lenders, online lenders and MPLs.
  • State law requirements regarding licensing, usury, and advertising.
  • Discussing whether small businesses should receive the same protections as consumers.

Michael Day, Policy Director - Panelist

Online Lenders Alliance

09:20 AM

The OCC’s Latest Guidance on Fintech-Bank Partnerships (Presentation)

  • What OCC Bulletin 2017-21 means for banks and fintechs.
  • New definitions for what constitutes a financial technology company.
  • Potential regulations which would impact how fintechs operate.
  • Proper vetting techniques for third-party vendor services.

09:45 AM

Challenges to the Bank-Partnership Model (Presentation)

  • Structure of bank relationships with marketplace lenders.
  • Why this issue impacts nearly every online lender.
  • Guidance concerning purchased loans and third-party lending relationships.
  • Issues to consider in cross-border bank-lender partnerships.

Ana Badour, Partner - Speaker

McCarthy Tetrault

10:10 AM

Understanding how the Blockchain Will Lead to Improved Transparency in Lending (Presentation)

  • Integrity at the origination of the asset.
  • Certainty in ownership and collateral position.
  • Payment and servicing data consistent across all parties of the ecosystem.
  • Creation of smart contracts.

Charlie Moore, President - Speaker

Global Debt Registry

10:30 AM

Networking & Coffee Break

10:40 AM

Structuring Investments in Alternative Lenders (Presentation)

  • Venture capital trends in the alternative lending sector.
  • Different approaches to invest in a finance business.
  • Strategic investment activity and common deal structures.
  • Using asset-backed securitization and revolving debt facilities.

Henry Morriello, Partner - Speaker

Arnold & Porter Kaye Scholer

11:05 AM

Industrial Loan Companies: Why Alt-lenders are Pursuing an ILC Charter (Presentation)

  • The Bank Holding Company Act and Federal Reserve Board requirements.
  • Community bank dissent.
  • A natural evolution of the banking industry?
  • Updates on Square, SoFi’s pursuit of an ILC.

11:30 AM

Luncheon & Networking

12:35 PM

Key Issues in Madden v. Midland Funding (Presentation)

  • Discussion of key claims against Midland.
  • Fair Debt Collection Practices Act.
  • Public policy issues relating to the free assignability of debt.
  • Implications to securitizations, sales of defaulted debt, and rent-a-BIN lending.

Don Lampe, Partner - Speaker

Morrison & Foerster

01:00 PM

Recent Litigation in Merchant Cash Advance & How it’s Impacting Contractual Agreements (Presentation)

  • Updates on recent cases and the litigation strategies used in them.
  • Understanding the latest funding trends and brokering arrangements.
  • Legal tactics to construct agreements to avoid usury claims.
  • Latest regulatory trends including efforts to include MCA under state lending rules.

01:25 PM

Asset-backed Securitization Trends in Marketplace Lending (Panel)

  • Regulators’ increasing focus on data integrity and verification.
  • Self-sponsored, multi-seller deal strategies.
  • Structuring transactions to protect investors from “true lender” risk.

02:10 PM

Networking & Coffee Break

02:20 PM

Hot Issues in Debt Consolidation and Bankruptcy for Lenders (Presentation)

  • Issues that land creditors in trouble when collecting delinquent debts.
  • Selling charged-off and defaulted debt.
  • How to avoid sanctions in bankruptcy matters.
  • Maximizing recoveries in bankruptcy proceedings.

02:45 PM

Advertising Guidance for Online Lenders and MPLs (Panel)

  • Understanding industry-specific rules and regulations.
  • Government enforcement examples.
  • Truth in Lending Act guidelines for proper disclosure.
  • Advertising via social media, mobile platforms, e-mail, and direct mail.
  • Avoiding deceptive claims and the improper use of endorsements.

03:35 PM

Compliance Risks Associated with Alt-Lending (Presentation)

  • A review of hot topics and major compliance risks specific to non-bank lending.
  • How to identify compliance red flags.
  • Setting up an effective compliance risk management program.
  • Corporate governance, due diligence and internal controls.

04:00 PM

The OCC’s Proposed Fintech Charter (Presentation)

  • Discussion of the pros and cons of a single regulatory framework.
  • States’ attempts to beat the OCC on implementation.
  • Nationwide litigation updates surrounding the OCC’s proposal.

Pratin Vallabhaneni, Associate - Speaker

Arnold & Porter Kaye Scholer

04:25 PM

The State of Small Business Lending and Financial Health (Presentation)

  • Discussion of credit trends in U.S. small business lending.
  • Identifying common reasons why alternative lenders develop problems.
  • Legal responsibilities of lenders’ board of directors and management.

04:50 PM

Latest Trends in Collections (Presentation)

  • How lenders are protecting themselves absent SME credit data.
  • Common loan stacking techniques to be aware of.
  • Fine-tuning your credit policies and payment terms.
  • Understanding the legal implications of collection practices.

05:15 PM

Closing Remarks

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