Banking & Finance

Overview

ELP has a robust and diverse Banking & Finance practice with separate verticals in project finance, corporate finance and structured finance. We have advised borrowers, lenders, and security providers and have a deep understanding of legal and commercial issues that may possibly arise in the life of a lending transaction. An in-depth local knowledge of the application of various statutes with a familiarity of international best practices, allows us to understand and anticipate potential legal and commercial risks that may arise in a transaction. This coupled with our constant endeavour to destructure, ideate and innovate, enables us to provide effective solutions to all stakeholders in a transaction.

Our Banking & Finance team has extensive experience in the areas of rupee financing, external commercial borrowings (ECB), overseas direct investments (ODI), acquisition financing, project financing and ancillary security documentation. Our lawyers have also advised on a gamut of securitisation/asset reconstruction transactions and represented some of the pioneering asset reconstruction companies in India.

Our client base includes large public sector and private sector banks and their consortia, global banks, funds and investment houses, asset reconstruction companies as well as domestic and foreign commercial enterprises. We have successfully handled large, complex and pioneering transactions from the initial structuring and term sheet stage through to completion of transactions ranging from USD 5 million to USD 2 billion. The combination of our vast experience, deep knowledge and innovative approach has led us to being the advisors of choice for complex structured transactions.”

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 clients comprise of operating creditors, banks and other financial investors as well as steering committees, insolvency practitioners and their directors and/or officers. The experience of the team in debt restructuring, recoveries, equity capital raising, and restructuring, open offers, distressed M&A activity and related advisory work has helped in clients in steering through the issues and challenges faced under the Insolvency and Bankruptcy Code (IBC). Our work covers Pre IBC related initiation (Review & Analysis); IBC Initiation (Application Process); Insolvency Process (Corporate Insolvency Resolution Process); Implementation of the resolution plan and General Advisory, structuring, documentation and Corporate work.

Rupee and Foreign Currency Debt

Drafting transaction documents for finance transactions, including structured financing, acquisition financing, asset financing, project financing and corporate financing. This includes drafting, negotiating and finalising the respective loan agreements, security documents, contractual comfort documents, conditions compliance and ancillary documentation (for example escrow agreements, trust and retention account agreements, inter-creditor agreements etc.). We also provide a review and diligence from a lenders’ perspective on project documents.

Corporate Debt

Structuring and documentation including review of private placement memorandum, diligence and assistance in placement with relevant stock exchanges.

Restructuring

Assistance on transaction documents and advice on restructuring transactions, including securitisation structures. This would also include review of existing debt documents and recommending solutions on issues being faced by clients.

Regulatory

Providing regulatory advice in relation to issues under the Foreign Exchange Management Act, 1999 and its ancillary regulations.


Understanding Defaults and its Implications

24 Apr 2024 | Read More

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

7 Apr 2024 | Read More

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

4 Apr 2024 | Read More

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

4 Apr 2024 | Read More

Bankrutpcy rescues have soared this year. Here’s why

27 Mar 2024 | Read More

IBBI’s cost tweak: The case for and against

21 Mar 2024 | Read More

Important Amendments & Regulations under IBC: 2023 & 2024 Volume III

29 Feb 2024 | Read More

Important Judgments by NCLAT under IBC - Volume II

29 Feb 2024 | Read More

Will Paytm FASTag work beyond the March 15 deadline as Paytm shifts ...

22 Feb 2024 | Read More

Navigating The Insolvency Maze: From Timely Resolutions To Discouraging Unnecessary Delays

21 Feb 2024 | Read More

Navigating Cross Border Insolvency In India: An Analysis Of Legal Precedents

19 Feb 2024 | Read More

IBBI's Latest Amendments Promise Smoother Transition In Resolution Plans: Experts

19 Feb 2024 | Read More

Tax free premature redemption of Sovereign Gold Bond (SGB) is allowed only ...

15 Feb 2024 | Read More

Important Judgments by SC & HC under IBC - Vol I

12 Feb 2024 | Read More

Is Go First headed for liquidation?

23 Jan 2024 | Read More

IBC in 2024: Lawyers hope for stringent guidelines, better infra at tribunals ...

28 Dec 2023 | Read More

SC asks runaway guarantors to pay. Will this change the corporate borrower-lender ...

7 Dec 2023 | Read More

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

7 Dec 2023 | Read More

Landmark Ruling of the Supreme Court on Personal Guarantors under IBC will ...

24 Nov 2023 | Read More

IBBI Proposes Reforms For Efficient Corporate Resolution: All You Need To Know ...

4 Nov 2023 | Read More

How can an NRI open a RBI retail direct account to invest ...

2 Nov 2023 | Read More

Lenders fear taxmen will eat into recovery pie

2 Nov 2023 | Read More

Why are banks and financial services firms in RBI's line of fire?

20 Oct 2023 | Read More

Supreme Court affirms non applicability of the Doctrine of Election under the ...

25 Oct 2023 | Read More

Breaking barriers. IBBI’s new measures aim to boost efficiency in personal guarantor ...

30 Sep 2023 | Read More

Empowering home buyers: IBBI’s game changing amendments in IBC regulation

22 Sep 2023 | Read More

Important Judgements under SAEFAESI Act, DRBT Act & IBC

22 Sep 2023 | Read More

IBBI’s game changing reforms: Bridging gaps & boosting efficiency in corporate insolvency

20 Sep 2023 | Read More

Challenges in Loan Recovery and Individual Fundamental Right of Movement in India: ...

24 Apr 2024 | Read More

NCLAT Provides Clarity That IBC Is Not A Debt-Recovery Mechanism

12 Sep 2023 | Read More

Lending is challenging, recovery is tricky

1 Sep 2023 | Read More

BoB withdraws auction notice, says Sunny Deol offered to settle dues

28 Aug 2023 | Read More

The Delhi High Court decides the issue of conflict between the provisions ...

24 Apr 2024 | Read More

Rs 1.12 lakh crore stuck: When will investors of Sahara para banking, ...

26 Jul 2023 | Read More

Stressed realty projects: IBBI exempts certain home buyers from regulatory fee

24 Jul 2023 | Read More

Priority of Dues of Secured Creditor under the Insolvency and Bankruptcy Code, ...

18 Jul 2023 | Read More

Ola Postpaid: A failed customer service

3 Jul 2023 | Read More

Can Go First take off once again?

27 Jun 2023 | Read More

ELP Knowledge Series India Update Part 1 of 2023

24 Apr 2024 | Read More

Government Exempts Petroleum Assets From Moratorium; Aviation, Telecom May Be Next

20 Jun 2023 | Read More

Corporate insolvency. IBBI proposes mandatory audit of insolvency resolution process costs

11 Jun 2023 | Read More

Banks opt to go slow on fraud classification

9 May 2023 | Read More

IBBI invites stakeholders comments to modify regulations issued till date

5 May 2023 | Read More

Can GoFirst still be a going concern? Yes, no, maybe: Legal experts ...

5 May 2023 | Read More

Why does SBI want SC to clarify its fraud account ruling?

19 Apr 2023 | Read More

Rights of Creditors and Protection of Individual Right of Borrower/Promoters

31 Mar 2023 | Read More

Reliance Capital's Insolvency: Value Maximisation Prevails Over Process Sanctity

6 Mar 2023 | Read More

A compilation of some recent judgements on critical issues under the Insolvency ...

27 Feb 2023 | Read More

Securitization of Stressed Assets framework (SSAF): Discussion paper of the Reserve Bank ...

24 Feb 2023 | Read More

MC Explains: Will tweaks in insolvency law help homebuyers?

20 Jan 2023 | Read More

SEBI consultative paper for framework for protection of interest of public equity ...

19 Jan 2023 | Read More

Interplay of some of the recent judgements under IBC

18 Jan 2023 | Read More

Banks are not adding this clause to the new locker agreement: How ...

3 Jan 2023 | Read More

Alternative funding, tech-friendly and personalised services to boost digital lending, say experts

6 Dec 2022 | Read More

IBBI chief urges creditors to file for default fast

24 Apr 2024 | Read More

IBC journey so far

20 Oct 2022 | Read More

Legal updates on banking sector

12 Oct 2022 | Read More

In a big policy shift RBI allows asset reconstruction companies to be ...

12 Oct 2022 | Read More

India’s Road Map for Digital Lending - Action Points for The Lenders

4 Oct 2022 | Read More

Interplay of some of the recent judgments under IBC

4 Oct 2022 | Read More

Policy shift IBBI allows Insolvency Professional Entity to become an IP

3 Oct 2022 | Read More

MC explains: SBI's insolvency plea against Jaiprakash Associates may lead to tough ...

24 Apr 2024 | Read More

Trust Theory, Security and Margin Money: The effect of Moratorium under the ...

28 Sep 2022 | Read More

Stage set for hybrid resolutions and faster realization of assets under insolvency ...

20 Sep 2022 | Read More

IBBI bars RPs from accepting or sharing fees with other professionals

15 Sep 2022 | Read More

Hard learned lesson: Not wearing rear-seat belt may affect claim payout

9 Sep 2022 | Read More

Corporate insolvency: MCA empowers resolution professionals to sign and file e-charge forms

5 Sep 2022 | Read More

RCap insolvency: Will creditors lose out in the resolution?

1 Sep 2022 | Read More

Recent landmark judgements of the Supreme Court under IBC

30 Aug 2022 | Read More

IBC cases: For every Rs.100 of claims admitted, banks took haircut of ...

25 Aug 2022 | Read More

IBBI proposes ’regulation fee’ on corporate insolvency resolution plans to shore up ...

30 Jun 2022 | Read More

Insolvency regulator IBBI proposes to enable entities to become insolvency professional

15 Jun 2022 | Read More

IBBI invites suggestions on separate regulatory framework for home-buyers under IBC

15 Jun 2022 | Read More

How Are Operational Creditors Different from Financial Creditors

26 May 2022 | Read More

Rs two lakh crore 'avoidance transaction' claims pending with NCLTs

5 May 2022 | Read More

IBBI plans to streamline role of information utility to speed up admission ...

24 Apr 2024 | Read More

Financing & the Hospitality Sector

5 Apr 2022 | Read More

Why did RBI bar Paytm Payments Bank from onboarding new customers?

14 Mar 2022 | Read More

e-RUPI voucher limit hiked. What is this prepaid card and how to ...

10 Feb 2022 | Read More

Union Budget - An Analysis by Economic Laws Practice

1 Feb 2022 | Read More

IBBI empowers adjudicating authority to pick IPs from panel to curb delays

6 Dec 2021 | Read More

ELP Knowledge Series – Part 2 of 2021

15 Sep 2021 | Read More

IBC @ 5 Plays Saviour to 396 Corporates

10 Sep 2021 | Read More

Claim Period Under Bank Guarantees

29 Jul 2021 | Read More

Liquidity Window for contact intensive sectors

7 Jun 2021 | Read More

ELP - Knowledge Series – Part 1 of 2021

27 Apr 2021 | Read More

Union Budget 2021: An Analysis

2 Feb 2021 | Read More

After RBI's ruling on troubled builders dues, Rs 20k-crore realty loans in ...

28 Feb 2020 | Read More

Union Budget 2020: An Analysis

2 Feb 2020 | Read More

ELP - Knowledge Series - India Update - Part 4 of 2019

22 Jan 2020 | Read More

Karvy clients challenge IBC amendment on individual creditors

8 Jan 2020 | Read More

ELP Banking & Finance Update: Essar Steel - Arcelor Mittal Supreme Court ...

22 Nov 2019 | Read More

ELP - Knowledge Series - India Update - Part 3 of 2019

3 Sep 2019 | Read More

IBC should be home buyers' last resort

26 Aug 2019 | Read More

More banks likely to have been singed by Bhushan Power fraud

8 Jul 2019 | Read More

Union Budget 2019 - An Analysis

7 Jul 2019 | Read More

ELP Knowledge Series - India Update Part 2 of 2019

7 May 2019 | Read More

A chance for promoters to pull out distressed companies

2 Apr 2019 | Read More

Legal fraternity divided on apex court order on NPA circular

2 Apr 2019 | Read More

ELP Knowledge Series - India Update Part 1 of 2019

19 Feb 2019 | Read More

Budget 2019: Judicial Reform Is What This Economy Needs Now

2 Feb 2019 | Read More

Interim Union Budget 2019 - An Analysis

1 Feb 2019 | Read More

Are home buyers secured financial creditors or unsecured creditors under IBC?

24 Apr 2024 | Read More

ELP Knowledge Series - India Update Part 2 of 2018

10 Sep 2018 | Read More

Security of Home Buyers and other Allottees under IBC

10 Aug 2018 | Read More

IBC | Alert | IBBI's circular in aid of IPs conducting CIRP

3 Jul 2018 | Read More

IBC | Legislative Alert | CIRP | Creditors in a class, authorised ...

5 Jul 2018 | Read More

IBC | Legislative Alert | IPEs cannot act as IP and to ...

9 Jul 2018 | Read More

ELP | Legislative Alert | RBI - Revised Framework for Resolution of ...

14 Feb 2018 | Read More

Union Budget, 2018

18 Jan 2018 | Read More

IBC India Guide

18 May 2018 | Read More

The Indian Insolvency and Bankruptcy Regime

8 Sep 2017 | Read More

IBC | Legislative Alert | Existing CIRPs to provide for appointment of ...

13 Jul 2018 | Read More

IBC | Case Law Alert | Liquidation Order not a bar to ...

18 Jul 2018 | Read More

IBC | Case Law Alert | Whether being empanelled with a financial ...

27 Jul 2018 | Read More

BC | Legislative Alert | Maintenance of public shareholding in listed companies ...

30 Jul 2018 | Read More

IBC | Case Law Alert | Income-tax department not a secured creditor ...

31 Jul 2018 | Read More

IBC | Case Law Alert | Criminal proceedings are not covered under ...

13 Aug 2018 | Read More

IBC | Legislative Alert | Pending disciplinary proceedings against Insolvency Professionals | ...

25 Apr 2018 | Read More

IBC | Legislative Alert | Provisions in relation to financial service providers ...

4 May 2018 | Read More

IBC | Case Law Alert | Exclusion of certain period from 270 ...

10 May 2018 | Read More

IBC | Case Law Alert | Right of operational creditors / suspended ...

28 May 2018 | Read More

IBC | Legislative Alert | SEBI amends its regulations to provide for ...

5 Jun 2018 | Read More

IBC | Legislative Alert | Ordinance, 2018 to amend IBC approved by ...

6 Jun 2018 | Read More

IBC | Legislative Alert | IBBI clarifies on IPs' fees, expenses and ...

12 Jun 2018 | Read More

ELP Knowledge Series - India Update Part 1 of 2018

14 Jun 2018 | Read More

Recognitions