PLP-066 Private Lending And The SEC with Attorney Amy Wan

Published: April 15, 2019, 3 a.m.



Not all are mindful of the laws that go along with private lending since some lenders base their transaction on relationships and trust. Although it all boils down to trust, being well-informed of the legal aspects of private lending will not harm anyone. In today’s time, there is a practical reality that people trying to raise a small amount of capital have limited ability to be compliant with securities laws, and this is what Attorney Amy Wan delves into. Founder and CEO of Bootstrap Legal, Amy breaks down the types of rules, regulations, and securities in private lending. As she explains when an investment loan becomes security, Amy reveals that lenders are much less regulated when you lend your own money to another investor. She goes in-depth on the event when you need to have a license when making loans, the legal documents required with investors, the process she does that make legal matters and paperwork less stressful to clients, and how she has brought digital and legal to smaller investors. On the side, she shares details about her podcast show, Law and Blockchain.
---

Listen to the podcast here:

Private Lending And The SEC with Attorney Amy Wan
Syndicating, Private Lending And SEC Compliance
I'd like to welcome you to this episode. I'm very grateful to have the pleasure of speaking with an attorney who happens to specialize in helping investors handling the paperwork and the filings required by the SEC, Securities Exchange Commission. My guest, Amy Wan, has an impressive resume to say the least. She lives on the leading edge of the financial and legal tech world and was named one of the Ten Women to Watch in Legal Tech by the ABA Journal, that's the American Bar Association. I'm honored and grateful to have her on the show. I have a new slogan that I actually put on a Private Lender Podcast t-shirt. The back says, “Never trust, always verify.” Nonetheless, never trust, always verify is a perfect segue into an interview with an SEC attorney. Let's go ahead and get down to the brass tacks and let's get to the interview with Amy Wan.
---
I've got a special treat for you. Our guest is Amy Wan, Founder and CEO of Bootstrap Legal. I am excited to have her on the show. Amy, welcome to the show.

Thank you for having me.

Thank you for coming out and being interviewed. You deal in an area of expertise of the law that's beyond my scope of understanding. You're bringing it down to where people like me can participate, and I definitely want to get into that part of it. I promise we'll keep this about 30,000 feet as much as possible and we'll drill down when we need to because I know the law. You can go down some rabbit holes. Tell us a little bit about yourself and how you became the securities and syndication guru that you are.

I actually started my career in the federal government. We were doing interesting things in DC, international trade and international regulatory affairs. When I moved back to LA, there's not much of an international trade law industry out in LA except for import-export compliance paperwork which was very different from negotiating free trade agreements. I started over. I became general counsel of an early stage real estate crowdfunding platform at that time. The interesting thing about that crowdfunding platform is that I had to deal with two different areas of law, one on the real estate lending side and then one on the actual security side. We did private lending. We would make hard money, private money loans to folks flipping houses and then we would fractionalize those loans and turn it into a security and sell it to accredited investors through our marketplace.

I spent a couple of years there and I learned the ins and outs of both of those different sides of the industry. I went on to become a partner at a boutique law firm that focused pretty much exclusiv...