IDLO is an international intergovernmental organization dedicated to promoting the rule of law and good governance in developing countries. Their website is a platform for discussions, social networking and research on microfinance legislation and regulatory-related issues. IDLO is currently running a 3-year worldwide project (2006-2009) which encourages and enables legal professionals to take an active role in the industry by providing advice and assistance on the legal, regulatory, and practical aspects of microfinance. Here are a few words Jami Solli from IDLO sent me about their microfinance project:
“Right now we have to get our own www.mflegalforum.com going, which will be a place for our project participants (about 300 lawyers globally working in MF, and an assortment of regulators) to post about real time challenges related to commercial transactions and/or legislation that is blocking the industry.
We are aware that NGO’s and MFI’s face a lot of legal/regulatory constraints, but feel that their biggest hurdle is really lack of knowledge of their own domestic legal frameworks (and failure to involve local lawyers in their businesses).
Often, there are many laws which impact the provision of financial services to the poor and the typical NGO as a small, grassroots org. often does not have a big budget to retain a lawyer, so they do so only when a serious legal situation arises — in times of crisis. Then, what happens is the lawyer retained by the MFI is not familiar with MF objectives or operations and tends to not be very helpful. Thus, we think a more logical approach would be to educate local legal professionals about MF goals and methodologies and link these two groups, so that a lawyer can be available to a MFI in its formational phase — as business strategies are being defined. Lawyers can indicate which business legal entity is appropriate for the microfinance institutions’ goals and appropriate considering to the legal framework in place in the country. For example, the MFI, formed as a NGO wants to take deposits from its clients, but cannot because it is structured as an “charitable organization or an association.” The lawyer could advise on other possible options to achieve the same end — like forming a cooperative (which can accept savings of members), or how to transform into a licensed deposit taking entity, or recommending that the MF organization partner with a licensed deposit taker, like a commercial bank. The bank would keep the deposits on its accounts, and the MF org. would benefit from this arrangement by being able to provide its clients with another financial product. So, our goal is also to change people’s attitudes towards lawyers, and to see our role as development partners. When we understand the goals of the institution, we can be an industry catalyst.”