Overview

THE REGULATORY ENVIRONMENT

India’s banking and finance sector is rigorously regulated by the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). These bodies enforce a framework that ensures market stability, fairness, and strong consumer protection measures. The legal complexities in this sector are significant, with strict guidelines on risk management and compliance that financial institutions must adhere to.

India’s banking and finance sector is rigorously regulated by the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). These bodies enforce a framework that ensures market stability, fairness, and strong consumer protection measures. The legal complexities in this sector are significant, with strict guidelines on risk management and compliance that financial institutions must adhere to.

The sector is currently undergoing a transformative shift towards digitalization, leading to new legal challenges, especially in the realms of data protection, privacy, and cybersecurity. These changes necessitate a deep understanding of both existing and emerging regulations.

HOW CAN WE SUPPORT YOU?

Our accomplished Banking & Finance team specializes in areas such as rupee financing, external commercial borrowings (ECB), overseas direct investments (ODI), acquisition financing, project financing, and ancillary security documentation. Tailoring our expertise to meet your needs, we provide specialized regulatory advice to navigate challenges under the Foreign Exchange Management Act, 1999 (FEMA) and its associated regulations.

Our accomplished Banking & Finance team specializes in areas such as rupee financing, external commercial borrowings (ECB), overseas direct investments (ODI), acquisition financing, project financing, and ancillary security documentation. Tailoring our expertise to meet your needs, we provide specialized regulatory advice to navigate challenges under the Foreign Exchange Management Act, 1999 (FEMA) and its associated regulations. We take pride in advising on a wide array of securitization and asset reconstruction transactions, representing pioneering asset reconstruction companies in India.

What sets us apart is our in-depth local knowledge of various statutes, combined with our familiarity with international best practices. This enables us to not only comprehend but also anticipate potential legal and commercial risks in a transaction.

WHO DO WE SERVE?

Our client base includes distinguished public sector and private sector banks, global banks, funds, investment houses, asset reconstruction companies, as well as domestic and foreign commercial enterprises. Over time, we have successfully managed large, complex, and groundbreaking transactions, from the initial structuring and term sheet stage through to completion.

Our client base includes distinguished public sector and private sector banks, global banks, funds, investment houses, asset reconstruction companies, as well as domestic and foreign commercial enterprises. Over time, we have successfully managed large, complex, and groundbreaking transactions, from the initial structuring and term sheet stage through to completion. These transactions have ranged from USD 5 million to USD 2 billion.

Services

Advisory & Litigation support on IBC issues

Our multidisciplinary approach and core insolvency team comprising of talent from litigation, tax, banking, corporate and regulatory backgrounds, makes  ELP  well positioned to help our clients on most complex restructurings.  

Our clientele includes operating creditors, banks, financial investors, steering committees, insolvency practitioners, as well as directors and officers of distressed entities. Drawing on our extensive experience in debt restructuring, recoveries, equity capital raising, restructuring, open offers, distressed M&A, and related advisory work, we have successfully guided clients through the intricacies and challenges posed by the Insolvency and Bankruptcy Code (IBC). 

Our comprehensive range of services covers various stages of the process, starting from Pre IBC-related initiation (Review & Analysis) to IBC Initiation (Application Process), Insolvency Process (Corporate Insolvency Resolution Process), and the Implementation of resolution plans. Additionally, we offer general advisory, structuring, documentation, and corporate support to further bolster our clients’ journey towards successful resolutions. 

Rupee and Foreign Currency Debt

 We provide assistance in drafting transaction documents for various finance transactions, spanning structured financing, acquisition financing, asset financing, project financing, and corporate financing. Our expertise encompasses the entire process, from drafting and negotiating to finalizing loan agreements, security documents, contractual comfort documents, and ensuring compliance with relevant conditions. Additionally, we handle ancillary documentation, such as escrow agreements, trust and retention account agreements, and inter-creditor agreements, to safeguard the interests of all stakeholders involved. 

Moreover, we conduct thorough reviews and diligence from a lenders’ perspective on project documents, providing our clients with invaluable insights and comprehensive assessments. Our in-depth understanding of the complexities and nuances involved in finance transactions ensures that we deliver documents of the highest quality, tailored to meet the specific needs and objectives of each client. 

Corporate Debt 

We offer comprehensive assistance in structuring and documentation for private placements, ensuring a seamless process from start to finish. Our services encompass a range of tasks, including a thorough review of the private placement memorandum, diligent examination, and facilitation of the placement with the relevant stock exchanges. 

Restructuring

ELP offers expert assistance on transaction documents and provides valuable advice on restructuring transactions, including securitization structures. Additionally, we conduct thorough reviews of existing debt documents, identifying potential issues and challenges. With our in-depth knowledge, we recommend effective solutions to address these concerns, helping our clients  achieve their financial objectives. 

Regulatory 

ELP offers specialized regulatory advice tailored to address issues arising under the Foreign Exchange Management Act, 1999 (FEMA) and its ancillary regulations. Our expertise in this area ensures that our clients receive the highest level of guidance and support to navigate the complexities of foreign exchange regulations. 

Thought Leadership

Newsletter/Booklets 24th Apr 2024

Understanding Defaults and its Implications

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News & Media 7th Apr 2024

Public-sector banks may be allowed to transfer unclaimed shares to IEPF

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Alerts & Updates 4th Apr 2024

RBI Master Circular – Housing Finance – Date 2nd April 2024

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Alerts & Updates 4th Apr 2024

Reserve Bank of India Guidelines on Guarantees and Co-acceptances by Banks in India

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News & Media 22nd Feb 2024

Will Paytm FASTag work beyond the March 15 deadline as Paytm shifts nodal account to Axis Bank?

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News & Media 15th Feb 2024

Tax free premature redemption of Sovereign Gold Bond (SGB) is allowed only within this 21-day annual window

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News & Media 7th Dec 2023

App fiasco: Bank of Baroda tells branches to retrieve consent forms

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Alerts & Updates 24th Nov 2023

Landmark Ruling of the Supreme Court on Personal Guarantors under IBC will shape the Future of Lender-Creditor Dynamics

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Recent Matters

Banking & Finance

Acted as the lenders’ counsel to the State Bank of India and a consortium of 11 banks on a working...
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Acted as the lenders’ counsel to the State Bank of India and a consortium of 11 banks on a working capital loan in excess of USD 0.5 billion approximately to a large Indian manufacturer of cables and wires.
Banking & Finance

Assisted Reliance Power Limited in receiving an equity Investment of INR 933 crores and a debt investment of INR 825...
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Assisted Reliance Power Limited in receiving an equity Investment of INR 933 crores and a debt investment of INR 825 crores from Varde Partners.
Banking & Finance

Advised Industrial and Commercial Bank of China on setting up a branch in India.

Advised Industrial and Commercial Bank of China on setting up a branch in India.
Banking & Finance

Advised ICICI Bank in extending term loan facilities for various projects.

Advised ICICI Bank in extending term loan facilities for various projects.
Banking & Finance

Extensively worked with IndusInd Bank on corporate finance/project finance/real estate finance and shipping finance matters.

Extensively worked with IndusInd Bank on corporate finance/project finance/real estate finance and shipping finance matters.
Banking & Finance

Advised Bandhan Bank in drafting and finalizing the standard documentation for its retail, agricultural and SME products launched in India.

Advised Bandhan Bank in drafting and finalizing the standard documentation for its retail, agricultural and SME products launched in India.
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People

Recognitions

What People Say

I would describe the firm as efficient, fast, and reasonable,” one market source compliments the team.

Chambers Asia Pacific

Precise and to the point advisory services. Good and up to date knowledge of laws and market practice.

IFLR 1000

The team reverted in time and made sure that the complex transactions are smoothly executed without any complications. The firm has a strong banking and finance and real estate practice. They have a solution-oriented approach.

IFLR 1000

The firm has a wide range of practice areas which gives the client a holistic view even if the query is related to a specific topic. Strong knowledge base coupled with market information and experience is their greatest asset.

AsiaLaw

They meet all our expectations, they are meticulous, and they have in-depth subject knowledge, a client says.

Chambers Asia Pacific

The individual lawyers at Economic Laws Practice are brilliant, hard working and dedicated true professionals. Truly the best I have worked with.

Legal 500 Asia Pacific