Fintech

Not just a token presence

The tokenisation of securities is gathering pace. Ashurst has advised on bond issues in multiple jurisdictions, involving leading banks and digital infrastructure providers. Our dedicated team has unique experience launching projects that leverage DLT and other systems, while taking account of the evolving regulatory requirements that apply to issuers, investors, custodians, intermediaries and market operators.

A full range of support

Our team's experience includes working with both native digital assets and tokenised investments. As markets develop, we have advised both new entrants and traditional financial institutions on the deployment of digital market infrastructure, cross-border services, and applications. Ashurst has been in the forefront of the transformation of financial services, and we continue to evolve with our clients.

Increasing regulatory scrutiny

As financial technology evolves, market participants are increasingly exposed to regulatory scrutiny, potential investigations and even possible sanctions. Anyone involved in fintech needs to pay particular attention to issues related to authorisation requirements, data privacy, cybersecurity and anti–money laundering and counter-terrorism financing legislation.

In-depth understanding

Ashurst’s multidisciplinary team has an in-depth and global understanding of fintech and the regulations that apply to it. Our client-oriented approach enables us to deliver commercial, practical and innovative advice to address specific regulatory challenges. 

Increasing focus on contracts

As businesses work faster and smarter in response to ongoing technological disruption, there is a greater focus on the importance of productive commercial relationships and the need for effective contracts. Fintech developments are supporting this trend through the increased digitalisation of contracts.

High-profile commercial experience

Ashurst has a global team of lawyers focused on drafting and negotiating all types of commercial contracts. These include outsourcing and other service provision agreements; joint venture, strategic relationship, franchise and agency arrangements; and supply and manufacturing contracts. Our team proactively digitalises contracts, enabling businesses to streamline processes, store contracts securely and effectively manage contract portfolios.

Digitalisation encouraging deals

Increasing digitalisation of businesses across all industries is leading to additional mergers and acquisitions (M&A) activity in the fintech sector. Economic volatility and geopolitical instability also contribute to the growing likelihood of deal-making in the technology, media and telecommunications industry.

Innovative advice for transactions across multiple jurisdictions

Ashurst is internationally recognised for its M&A practice. We work with public and private organisations of all sizes and at all stages of growth to execute transactions. We also advise institutional investors on fundraising, regulatory and investment activities. Our global technology M&A team has the strength, depth, sector knowledge and cross-border reach to deliver quality advice across multiple jurisdictions. Our NewLaw team, Ashurst Advance, also ensures we are at the forefront of technology innovation.

The advent of blockchain and crypto

Since the advent of blockchain, the crypto asset market has rapidly evolved, transforming from a niche technological experiment into a significant component of the global financial landscape.

The market for crypto assets is highly volatile, influenced by regulatory developments, technological advancements, and macroeconomic trends. Despite challenges, blockchain use cases and the crypto asset market continue to grow, driving innovation and reshaping traditional financial systems. 

Technology is reshaping the sector

The payments landscape is undergoing a profound transformation, fundamentally reshaping how value is exchanged on a global scale. Innovative payment technologies are at the forefront of this revolution, driving unprecedented change and unlocking new opportunities for businesses and consumers alike.

From the emergence of private stablecoins to the development of Central Bank Digital Currencies (CBDCs), the very foundations of money and value transfer are being redefined. Global trends such as Open Banking, the proliferation of smart data and APIs, and the widespread adoption of QR code payments are accelerating innovation and fostering a more interconnected, efficient, and inclusive financial ecosystem.

For organisations exploring the payments market, these advancements present a wealth of strategic opportunities. By harnessing the latest payment technologies, businesses can enhance customer experiences, streamline operations, and position themselves at the vanguard of a rapidly evolving sector that is shaping the future of global commerce.

In-depth expertise

Ashurst's global team is across the developments and advises the full range of firms operating in the payments sector, including banks, fintechs, payment systems, processors and merchants.

Practical experience gained through real-world experience

We provide our fintech clients with pragmatic, actionable advice, grounded in extensive real-world experience managing cyber incidents, ransomware attacks, and high-impact operational crises specific to the financial technology sector. Our unique capability lies in delivering comprehensive cyber legal solutions, drawing on the combined expertise of our legal, consulting, and Ashurst Advance teams. The proficiency of our incident response experts ensures a swift and effective recovery process following incidents such as ransomware, data breaches, and targeted cyber attacks that can disrupt fintech operations, compromise sensitive financial data and affect reputations.

Helping you prevent breaches and respond to incidents

Our global data breach team advises fintech businesses on privacy, reputation, regulatory compliance, and director’s duties in response to diverse cyber threats. We understand the specific regulatory and data protection challenges facing fintech companies. Our consulting team develops tailored cyber risk programmes to strengthen resilience, test executive and Board readiness, and support effective governance. Our Ashurst Advance team uses advanced technology to conduct forensic investigations, enabling fintech firms to respond swiftly and maintain trust with customers and regulators.

Challenges and opportunities

The digital banking and fintech sector is experiencing greater regulatory and commercial pressure due to a challenging global economy and geopolitical tensions. Despite this, there are opportunities for resilient, adaptable organisations within this sector to continue to thrive and secure long-term growth.

Supporting strategic digital agendas

Our team provides cutting edge advice to some of the world’s leading financial and technology businesses in relation to the rapidly evolving technology landscape. The team has supported many clients in delivering their strategic digital agendas. Through our work we have identified three core pillars of effective digital transformation:

• compliant customer-tolerant data exploitation;
• understanding and deploying the right disruptive technologies; and
• forging strong and beneficial collaborative partnerships.

Getting these fundamentals right is a key success factor in delivering effective digital change.

Learn more about our Digital Asset and Financial Innovation practice.

The world is experiencing a technological transformation of unprecedented scale, complexity, and speed, with artificial intelligence at its core. This shift is particularly significant for fintech businesses, which must navigate evolving risks and regulatory expectations.

Meeting AI challenges

Our global consulting, legal, and Ashurst Advance professionals work together to provide fintech clients with seamless support, combining technical expertise and critical thinking to operationalise laws and regulations. We help fintech businesses address complex challenges related to AI adoption and deployment, ensuring their risk-management practices align with regulatory requirements and are fit for the future.

Ashurst is committed to staying ahead of change and is uniquely positioned to offer fintech clients a comprehensive suite of legal, risk advisory, and data solutions. We help fintech firms meet the challenges of AI compliance and maintain a proactive approach in a rapidly evolving landscape.

Learn more about AI @ Ashurst.

Integrating sustainable innovation

The convergence of sustainability and digitalisation is fundamentally reshaping the financial services sector, with fintech businesses at the forefront of this transformation. Fintech firms face unique challenges and opportunities as they integrate sustainable innovation into their operations and develop products and services that are both digitally advanced and sustainability-conscious. At the same time, the rise of generative AI is set to revolutionise the way fintech businesses operate, offering new possibilities for efficiency, customer engagement, and risk management.

Helping the transition to sustainable business models

We support fintech clients in creating and preserving long-term value by offering comprehensive legal, risk advisory, and consulting services tailored to each client's specific needs. Our global experience enables fintech businesses to capitalise on opportunities and navigate the risks associated with transitioning to more sustainable and digitally enabled business models. We also leverage our dedicated technology team, Ashurst Advance, to provide advanced electronic collaboration, automation, and production tools, ensuring that our legal services are delivered with greater speed, consistency, and cost-effectiveness.

By combining deep sector knowledge with cutting-edge technology, we help fintech businesses stay ahead in a rapidly evolving landscape, supporting their journey towards sustainable growth and digital excellence.