Lender of record structures in Canadian fintech lending
Which entity is the lender of record in a fintech lending product determines disclosure obligations, licensing exposure, and how regulatory risk is allocated across the structure.
Legal and regulatory considerations for platforms offering, arranging, or supporting credit products.
Fintech lending models should be reviewed against the actual role played by the platform, lender, servicer, broker, technology provider, and customer-facing channel.
Credit products can raise issues around disclosure, licensing, servicing, partner oversight, data use, and consumer protection. The legal analysis should match the operating model rather than the product label.
Which entity is the lender of record in a fintech lending product determines disclosure obligations, licensing exposure, and how regulatory risk is allocated across the structure.
BNPL products in Canada face evolving disclosure and consumer protection requirements that depend on product structure, term length, and cost of credit.
Provincial credit legislation requires specific disclosures to borrowers at the time credit is offered โ and the requirements differ across Canadian jurisdictions.
The compliance program failures that most frequently produce FINTRAC findings are structural, not incidental โ and most are preventable.