Marketplace Lending

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As marketplace lending leads a wave of financial innovation, increasing efficiency and expanding access to credit to underserved markets, RK&O is at the forefront of the opportunities and challenges facing the industry, with its representation of marketplace lending platforms, warehouse lenders and investors.  Lawyers at RK&O have experience in marketplace lending working with unsecured consumer loans, small business loans, student loans and a variety of other asset classes.  As the industry evolves and the corresponding legal and regulatory framework takes shape, clients regularly turn to RK&O for advice on key legal developments, transaction structures and economic opportunities in the FinTech industry. more +

With an extensive history of representing clients in new and disruptive financial markets, RK&O draws upon two decades of experience in alternative investment strategies to counsel clients.  Our lawyers have presented to networking groups and top industry organizations, as well as authored several white papers on legal and regulatory issues facing the market, and are often cited in the media.  RK&O has also previously partnered with the Wharton FinTech club to benchmark the changing perceptions of institutional investors about marketplace lending. Click here to learn more about this survey.


  • Representation of an international investment bank in warehouse loans to private investment funds and online lending platforms secured by marketplace loans.
  • Representation of a private fund as borrower under a secured revolving credit facility collateralized by marketplace loans.
  • Formation and structuring of private funds dedicated to investments in marketplace loans.
  • Representation of fund clients in the negotiation of purchase and servicing agreements with lending platforms.
  • Advice on regulatory developments in relation to case rulings and the OCC, CFPB, U.S. Treasury, CFTC and other regulatory bodies.
  • Representation of a European private fund in connection with its acquisition of small business loan receivables.
  • Representation of a start-up small business lending online platform.
  • Representation of a Canadian lending platform in its acquisition of a U.S.-based platform.
  • Representation of a small business lending platform in creating a participation structure for an investor in its loans.