In the past several years, the role of banks, financial institutions/intermediaries, and insurance companies has gained enormous significance. More recently, asset management and reconstruction companies have started to play an important role in reducing the burden of banks weighed down by non-performing assets. Consequently, the legal and regulatory regime has undergone a sea change with the regulatory institutions, and watchdogs like the Reserve Bank of India playing an increasingly vigilant role. With the increasing opportunities and vistas in the sector, coupled with the enabling regulations by the Government of India, our role as lawyers has also taken a new dimension. In view of the fast-paced developments in, and needs, of the banking sector, our endeavor is and continues to be to provide a broad-range of quality and effective advice to our clients looking for sector specific opinion.
Our skilled and dynamic team has varied experience in this sector ranging from :
- Advising clients on all aspects related to banking law, including banking regulations, secured commercial lending, and raising of loan finance;
- Providing advisory services to domestic and international clients on the foreign exchange regulations pertaining to investments/transactions in the banking sector;
- Drafting and reviewing of term loan agreements, negotiable instruments with various banks and financial institutions;
- Structuring of mechanisms and advising on the regulatory regime on guarantees for providing corporate guarantees by domestic and foreign companies, parent companies on behalf of wholly-owned subsidiaries in conducting business;
- Advising Non-Banking Financial Companies ("NBFCs") on issues related to investment norms, applicable FDI and FEMA regulations and overall structuring of investments;
- Assisting leading international banks in recovery of loans from defaulting creditors;
- Advising and assisting clients on creation of charge and pledge of shares of company, the administrative process involved in terms of the necessary regulatory approvals, related opinion on the pledge of shares and drafting of contracts;
- Assisting domestic clients in availing External Commercial Borrowings by drafting loan agreements, preparing and reviewing the documents and procuring approval from the RBI;
- Advising and representing banks, NBFCs and financial institutions in recovery matters before courts and Debts Recovery Tribunals ("DRT"). Drafting suits for recovery, interim applications, DRT original applications, and representing clients before the judicial forums in various recovery matters;
- Advising clients on adopting appropriate risk management models, especially in the context of internet banking solutions provided by banks to their customers;
- Advising on e-banking regulations in India;
- Drafting standardised loan documentations for multi-national banks;
- Advising multi-national banks on issues arising out of pledging of shares towards securitisation of loan facilities extended to corporate borrowers;
- Counseling clients on Bill-Marketing Schemes with leading banks like HDFC and State Bank of India and reviewing of e-bill discounting agreements;
- Assisting clients on issues arising out of dishonor of cheques in cheque bouncing cases and undertaking legal action for several clients.