Banking & Finance Law

Banking and finance law concerns legal issues arising from lending, financing transactions, security interests, debt recovery, financial restructuring and the regulation of banking and financial activities.

The firm undertakes matters involving banks, financial institutions, non-banking financial companies, corporate entities, borrowers, guarantors, investors and other stakeholders in banking and finance matters, as applicable to individual cases.

Banking Transactions and Financial Documentation

Matters may include term loans, working capital facilities, consortium and syndicated lending, structured finance, external commercial borrowings and project finance. The firm's practice may also include drafting, review and interpretation of loan agreements, facility agreements, guarantees, indemnities, security documents, escrow arrangements and inter-creditor agreements.

Regulatory and Compliance Matters

The firm's banking and finance practice may include legal and regulatory matters arising under the applicable framework of the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), National Housing Bank (NHB) and other relevant regulatory authorities.

Matters may include regulatory requirements applicable to banks, financial institutions, non-banking financial companies (NBFCs), fintech enterprises, corporate borrowers and investors, depending upon the nature of the transaction or legal issue.

Debt Recovery and SARFAESI Matters

The firm undertakes matters concerning debt recovery, security enforcement and banking disputes arising under the Recovery of Debts and Bankruptcy Act, 1993, the SARFAESI Act, 2002 and other applicable banking and financial laws.

Such matters may include recovery proceedings, enforcement of security interests, loan restructuring, settlement and One-Time Settlement (OTS) matters, and proceedings before Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs).

Corporate Finance, Insolvency and Financial Restructuring

Banking and finance matters may also intersect with corporate finance, insolvency, restructuring and debt resolution. The firm's practice may include matters under the Insolvency and Bankruptcy Code, 2016, including Corporate Insolvency Resolution Process (CIRP), liquidation proceedings and matters concerning personal guarantors.

Matters may also include financial restructuring, debt resolution, negotiations with creditors and other stakeholders, and proceedings arising from financial distress, subject to the applicable legal framework.

Nature and Scope of Work

The nature and scope of work undertaken in any banking or finance matter depends upon the facts and circumstances of the matter, the applicable legal and regulatory framework and the professional responsibilities applicable to advocates.