Financial Regulatory Practice & Litigation

Overview

THE REGULATORY ENVIRONMENT

In India, the financial regulatory practice and litigation landscape is shaped by multiple regulatory bodies, notably the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and the Ministry of Finance. Financial entities must also adhere to the Companies Act, which sets corporate governance standards, and the Banking Regulation Act, which governs banking practices. Litigation in this sector often revolves around issues like securities fraud, regulatory compliance, corporate governance disputes, and bankruptcy proceedings. The role of specialized tribunals, such as the Securities Appellate Tribunal (SAT) and Debt Recovery Tribunals (DRTs), is crucial in resolving these disputes. Additionally, recent reforms, including the Insolvency and Bankruptcy Code, have significantly impacted financial litigation, streamlining bankruptcy and insolvency procedures. This regulatory environment demands meticulous compliance and a robust understanding of evolving legal frameworks for financial practices and litigation in India.

HOW CAN WE SUPPORT YOU?

ELP’s Financial Regulatory practice provides advisory and litigation services on regulations overseen by key authorities including the Securities and Exchange Board of India (SEBI), the Reserve Bank of India (RBI), the Ministry of Corporate Affairs (MCA), the Insurance Regulatory and Development Authority of India (IRDAI), the Insolvency and Bankruptcy Board of India (IBBI), the Pension Fund Regulatory and Development Authority (PFRDA), and the International Financial Services Centre Authority (IFSCA).

Our adept team offers guidance throughout the entire lifecycle of a financial services entity, commencing with establishment and license acquisition, settlement advisory, navigating through investigations, handling regulatory litigation, and facilitating seamless exits when necessary.

WHO DO WE SERVE?

With deep experience in assisting clients with several regulators over the years, our distinguished clientele includes companies (listed as well unlisted), promoters, funds, investors, CXOs, and directors hailing from diverse sectors, benefiting from our specialized expertise.

Services

Assistance in Investigations before Regulatory Authorities

Navigating the intricate web of compliance in India, along with the inherent risks, including
those impacting reputation, is a complex endeavor. We provide unwavering support to our
clients throughout the entire investigation process by regulatory agencies. This
comprehensive assistance begins in the early stages of an investigation (including raids,
inspection, summons, etc) and extends all the way to the issuance of final orders. Our
experienced team offers guidance during ongoing investigations, a process that encompasses
preparing clients for summons and crafting well-structured correspondences. Furthermore,
we also assist with the drafting of responses to Show Cause Notices (SCNs).

Advisory

Our financial regulatory practice goes beyond mere compliance; we proactively analyze the ever-evolving regulatory landscape, helping clients anticipate and adapt to changes. We specialize in crafting comprehensive strategies to ensure that our clients’ financial activities align seamlessly with the latest regulatory requirements. Our advisory services encompass a wide range of areas, including risk management, licensing, compliance, and governance, ensuring that our clients are well-prepared and protected in a dynamic and highly regulated financial environment.

Litigation

We have consistently championed our clients’ causes in a host of complex cases, encompassing
areas such as insider trading, misrepresentations, disclosure failures, takeover, open offer,
securities fraud, fraudulent trading, public issues, non-disclosures of regulatory norms,
syphoning of funds, and unregistered activities. Our representation spans the full spectrum of
legal forums, including the SEBI, Registrar of Companies (ROC), Securities Appellate Tribunal

(SAT), National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal
(NCLAT), National Financial Reporting Authority (NFRA), various High Courts, and the Supreme
Court. Our team is presently primarily focused on serving as solicitors in litigation matters,
offering our clients the highest level of legal expertise and dedication to protect their interests
in the intricate realm of securities litigation.

Registration Services

Additionally, our team specializes in handling mandates related to the registration of Market Intermediaries and MIIs, including Stock Exchanges, Clearing Portfolio Managers, Research Analysts, Investment Advisors, and other such entities. It’s essential to note that SEBI Regulations lay out specific eligibility criteria and conditions that these entities must meet in order to secure their registration. Our team is well-versed in navigating the intricacies of this process and ensuring compliance with these regulatory requirements.

Settlement Advisory

SEBI’s regulations facilitate the resolution of offenses through settlement. Our team boasts a
strong track record of skillfully filing settlement applications on behalf of numerous applicants, consistently achieving favorable outcomes.