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Posted: chgate Date of post: 22.07.2017

Founded on , Adam Atlas Attorney at Law is a boutique commercial law firm dedicated to top-tier personal service to clients. The firm advises principally on matters of electronic payments and merchant transaction acquiring law.

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Payments businesses are advised by the firm from inception through business modeling, legal framing, compliance review, financing, acquisitions, dispute settlement and exit strategies. Traditional domestic as well as high risk and foreign models have all drawn on the resources of the firm. Beyond payments, Atlas assists in matters of artificial intelligence law and big data law.

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Most of the clients of the firm are electronic transaction businesses located in the United States, including payment processors, banks and independent sales organizations.

Taking an open-source approach to the law of payments, Atlas powers:. Fintech lawyers, banks and regulators can turn to the service to save time and increase accuracy.

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The firm is led by Adam N. Atlas has been a member of the Bar of the State of New York and Bar of the Province of Quebec and since His professional memberships include, the American Bar Association, and the New York State Bar Association. Before establishing the firm, Atlas practiced corporate law at Stikeman Elliott, an international business law firm.

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Adam Atlas provides updates on U. MSB laws to the U. Money Services Business Association. Simple advice on a business model can mean the difference between a path to growth or regulatory purgatory. By way of example, our firm assisted in clarifying perhaps the most important question of the decade under U.

Adam Atlas provides expert testimony in U.

Banks have opted to outsource the business of recruiting new merchants to offer them credit card and debit card processing services. Independent Sales Organizations ISO and Independent Sales Representatives ISR enter into agreements with processors and banks to recruit new merchants. The firm advises on about one hundred such relationships per year. The advice includes negotiating key processor agreements, drafting agent and referral agreements, advising on acquisitions and financing as well as support in disputes.

The firm has cultivated strong relationships working opposite all major US acquiring processors and banks and leverages those relationships to provide practical and efficient advice for ISOs and ISRs.

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Money transmitters, virtual currency businesses, foreign exchange dealers and other money services businesses MSB are held to a higher standard of compliance and are often required to register in the US with FinCEN as well as with state banking departments. With the advent of new applications, the obligation to register is not as obvious as it was for traditional money transmitters.

Here, the firm draws on its experience advising numerous payments models, to support MSBs in sorting through registration issues. The firm powers the popular MSB Blog as part of its compliance practice. Below is a map of state MSB regulators maintained by our firm:. AML policies are required for most MSBs, and recommended by the firm for all payments businesses so as to reduce the chance of unwittingly assisting in money laundering or the financing of terrorism.

The firm regularity drafts AML policies for payments businesses.

In contrast with compliance consultants that draft such policies, the firm brings its payments market experience into AML policies to tailor them to the specific risk profiles of the business model in question. Having seen thousands of payments models, the firm takes the liberty of offering business consulting advice on how to structure new payments businesses. Basic questions as to which party should pay for a given transaction or carry the risk may be pivoted to dramatically increase the value of a business.

The firm is recognized as being dramatically creative in delivering new ideas to businesses and enriching the organic evolution of clients. The firm has an ongoing commitment to pro bono service.

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The flagship community service program of the firm is to provide free legal advice to ISO and other payments widows. As ISO owners age, their spouses are sometimes left inheriting businesses that they do not know how to operate.

Widows in that situation are welcome to seek free advice on a portfolio sale or on protecting the residual streams to which they are entitled.

Atlas Currency and Payments Law Updates. Short book on becoming an MSB. Attending trade association meetings is, perhaps, the best way to acquire a broad knowledge of the offerings in the payments marketplace. The following associations are all recommended for this purpose. The firm makes an effort to attend a number of these shows:. We accumulate knowledge for the benefit of our clients. Visa, MasterCard and other acquiring organizations have adopted rules that are, de facto, the law of the land for many issues between acquiring banks, issuing banks, processors, ISOs and agents.

Below are links to sites that publish the rules:. Below is a small selection of interesting cases from payments, but does not purport to be a current or complete survey of such caselaw:. The underlying case, not decided upon in this decision, relates to the fact that Amex, a credit card acquirer that is more expensive to merchants partly because of its higher-end clientele, is getting into lower-end card issuing.

The Honor All Cards requirement of the Amex Card Services Agreement requires merchants to accept all Amex cards and thereby forces merchants to decide between a accepting all Amex cards, including lower-end cards that are markedly more expensive than Visa and MasterCard equivalents, and b rejecting all Amex cards and depriving themselves of the higher-end customers. Original Statement of Claim, US District Court, Eastern District of Texas, Marshall Division Case No. LML filed suite against JP Morgan and 18 other defendants, including PayPal that provide equipment, systems and services that convert paper checks into electronic transactions.

The suite claims that the defendants violated US Patent No. RE which is a method of carrying out a conversion of a check into an ACH. Lonner v Simon Prop. Great refresher on the law of fine print. Rapidpay, LLC, et al. House of Representatives Judiciary Committee Antitrust Task Force Hearing on Credit Card Interchange Fees, July 19, Canadian House of Commons Standing Committee on Finance FINA Briefing on automated teller machine fees and electronic payments, April 17, 19 and March 22, Adam Atlas Attorney at Law Monkland Avenue, Suite Montreal, QC, Canada H4A 1E1.

Online Scheduling with Adam Atlas Attorney at Law vCita Online Calendar. Adam Atlas Attorney at Law Payments and Money Services Business Law. Menu Firm Services Tools Research Tools 5 Currency and Payments Law Mysteries Solved Is there any startup that is not a payments company? Contact — Retain Book Appointment. Firm Founded on , Adam Atlas Attorney at Law is a boutique commercial law firm dedicated to top-tier personal service to clients.

Taking an open-source approach to the law of payments, Atlas powers: MSB Licensing VCB Licensing and Compliance Money transmitters, virtual currency businesses, foreign exchange dealers and other money services businesses MSB are held to a higher standard of compliance and are often required to register in the US with FinCEN as well as with state banking departments. Below is a map of state MSB regulators maintained by our firm: Anti-Money Laundering AML Policy Drafting AML policies are required for most MSBs, and recommended by the firm for all payments businesses so as to reduce the chance of unwittingly assisting in money laundering or the financing of terrorism.

Payments Business Consulting Having seen thousands of payments models, the firm takes the liberty of offering business consulting advice on how to structure new payments businesses. Community Service The firm has an ongoing commitment to pro bono service. Tools Firm Sponsored Tools Feed: Atlas Currency and Payments Law Updates Book: Short book on becoming an MSB MSB Research Tool: The firm makes an effort to attend a number of these shows: Contact — Retain Adam Atlas Attorney at Law Monkland Avenue, Suite Montreal, QC, Canada H4A 1E1 atlas adamatlas.

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