Banking & Finance
With financial markets and financing flows increasingly crossing borders, debt transactions (domestic as well as external commercial borrowings) in India require a thorough understanding of the legal framework that underpins them and in particular, the Reserve Bank of India's policies on such transactions.
INDUSLAW represents institutional lenders including global banks, non-banking financial companies, broking houses, investment advisors, borrowers and issuers across a diverse range of financial transactions.
Areas of our expertise include:
- Acquisition Financing
- Debt Capital Market
- Debt Restructuring
- Private Banking Product Advisory
- Regulatory Advice
- Structured Finance
Our team advises clients on due diligence and term sheets and prepares a range of financing documents including facility agreements, common terms agreements, intercreditor agreements, accounts agreements, security trust deeds and a range of security documentation including assignments, legal mortgages, hypothecations, share pledges and guarantees.
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publications
Banking & Finance
INDIA: BANE OF POLICY UNCERTAINTY – NOW...
Foreign direct investments drive the growth of financial markets of a country. While interest rate regulations and other financial indicators are essential ingredients for increasing...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
INSOLVENCY AND BANKRUPTCY CODE, 2016: A CRITICAL...
It's no secret that the Indian banking industry has a rather large number of loans outstanding that have simply gone wrong. With non-performing loans estimated...
Technology, Media & TelecommunicationsFinancial Services & Banking & Finance
FROM BUCKS TO BITCOINS – ENFORCEMENT OF...
It was circa 1955 when computer was used for the very first time in India and it was circa 1995 that internet services were first...
Financial ServicesGovernment & Regulatory & Banking & Finance
DIGITAL WALLETS IN INDIA- A BRIEF ASSESSMENT...
The Reserve Bank of India ("RBI") has classified digital wallets as "Prepaid Payment Instruments" (hereinafter "PPI" or "Issuer") which refers to payment instruments that facilitate...
Banking & Finance & Litigation & Dispute Resolution
RECENT SUPREME COURT JUDGMENT – A SHOT...
A recent judgment of the Supreme Court in Harsh Govardhan Sondagar v. International Assets Reconstruction Company Ltd., (2014) 6 SCC 1, has provided a shot...
Banking & Finance & Projects & Project Finance
REVISED GUIDELINES FOR EXTERNAL COMMERCIAL BORROWING
The Reserve Bank of India (the “RBIâ€Â) has recently brought in significant changes to the external commercial borrowing guidelines (the “ECB Guidelinesâ€Â) with respect to...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
THE INSOLVENCY AND BANKRUPTCY CODE, 2016
The Insolvency and Bankruptcy Code, 2016 (the “Codeâ€Â) passed by the Lok Sabha on 5th May, 2016[1] seeks to provide a framework for time-bound settlement...
Banking & Finance & Projects & Project Finance
REFINANCING OF PROJECT LOANS BY NON-BANKING FINANCIAL...
The Reserve Bank of India (the “RBIâ€Â) has recently allowed non-banking finance companies (“NBFCsâ€Â) to refinance any existing infrastructure or other project loans by way...
Financial ServicesGovernment & Regulatory & Banking & Finance
SPECIAL MEASURES TO INCENTIVISE ELECTRONIC PAYMENTS
The Reserve Bank of India (the “RBIâ€Â) has issued a circular to address the special circumstances that have emerged after the demonetization drive (the “Circularâ€Â).
Banking & Finance & Projects & Project Finance
ISSUANCE OF RUPEE DENOMINATED BONDS OVERSEAS: MULTILATERAL...
Eligible resident corporates and/or body corporates had earlier been permitted to issue rupee denominated bonds (also commonly known as 'masala' bonds) in the overseas market...
Government & RegulatoryCapital Markets & International Offerings & Banking & Finance
MASALA BONDS: ISSUING RUPEE DENOMINATED DEBT OVERSEAS
Earlier this month, the Reserve Bank of India (the 'RBI') published certain norms relating to the issuance of rupee denominated bonds (also commonly known as...
Banking & Finance & Government & Regulatory
SEBI TEMPORARILY SUSPENDS MASALA BONDS AND FLAGS...
Suggesting that the Indian corporate bond market's exposure to foreign investors may be overheating, the Securities Exchange Board of India issued a circular on 20...
Corporate & CommercialLitigation & Dispute Resolution & Banking & Finance
TIME BARRED DEBT CAN BE PURSUED UNDER...
In a recent judgment, the National Company Law Appellate Tribunal, New Delhi (the 'NCLAT') held that the provisions of the Limitation Act, 1963 (the 'Limitation...
Projects & Project FinanceGovernment & Regulatory & Banking & Finance
MASALA BONDS: ISSUING RUPEE DENOMINATED DEBT OVERSEAS
The Reserve Bank of India (the 'RBI') altered certain norms relating to the issuance of rupee denominated bonds (commonly known as 'masala' bonds) in the...
Banking & Finance & Technology, Media & Telecommunications
RBI DIRECTIONS ON PEER TO PEER LENDING...
The Reserve Bank of India (the 'RBI') by way of a notification dated August 24, 2017, notified that a non-banking institution that carries on 'the...
Technology, Media & TelecommunicationsFinancial ServicesGovernment & Regulatory & Banking & Finance
RBI DIRECTIONS ON PEER TO PEER LENDING...
The Reserve Bank of India (the 'RBI') has published responses to frequently asked questions ('FAQs') regarding the Master Directions ' Non-Banking Financial Company ' Peer...
Corporate & CommercialGovernment & RegulatoryInsolvency & Restructuring & Banking & Finance
THE INSOLVENCY & BANKRUPCY CODE (AMENDMENT) ACT:...
Earlier in January, the Insolvency and Bankruptcy Code (Amendment) Act (the "Amendment Act") came into force amending the Bankruptcy and Insolvency Code, 2016 (the "Code"),...
Corporate & CommercialGovernment & Regulatory & Banking & Finance
RBI DISCONTINUES ISSUANCE OF LETTERS OF UNDERSTANDING...
In an attempt to promote investment activities and to liberalize the procedures relating to trade credits for imports, the Reserve Bank of India (the "RBI")...
International Practice GroupInsolvency & Restructuring & Banking & Finance
CROSS BORDER INSOLVENCY: KEY ISSUES
Cross border insolvency inevitably boils down to a scramble for assets, leaving creditors confused about the options available to them. INDUSLAW were delighted...
Banking & Finance & Capital Markets & International Offerings
REVISED NORMS FOR INVESTMENT IN DEBT INSTRUMENTS...
The Reserve Bank of India (the 'RBI') has undertaken a detailed review of the current regulations governing debt investment by Foreign Portfolio Investors ('FPIs') with...
Corporate & CommercialCapital Markets & International OfferingsInsolvency & Restructuring & Banking & Finance
SEBI AMENDS DELISTING AND TAKEOVER REGULATIONS TO...
The regulator of Indian securities market, the Securities and Exchange Board of India ('SEBI') on May 31, 2018, notified amendments to the SEBI (Substantial Acquisition...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
ORDINANCE AMENDS INSOLVENCY & BANKRUPTCY CODE
The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (the 'Ordinance') on 6 June 2018 to amend the Insolvency and Bankruptcy...
Corporate & CommercialInternational LawInsolvency & Restructuring & Banking & Finance
INDIA'S PROPOSED CROSS BORDER INSOLVENCY REGIME: WILL...
The Insolvency & Bankruptcy Code currently has no clear framework for cross border insolvency. That's about to change, with the Ministry of Corporate Affairs recently...
Banking & Finance & Government & Regulatory
THE NEGOTIABLE INSTRUMENTS (AMENDMENT) ACT, 2018 :...
The Negotiable Instruments (Amendment) Act, 2018 (the "Amendment") was recently passed by parliament and came into effect from September 1, 2018. It introduces substantial changes...
Corporate & CommercialLitigation & Dispute ResolutionInsolvency & Restructuring & Banking & Finance
THE ESSAR INSOLVENCY CASE: SUPREME COURT UNRAVELS...
Earlier this month, the Supreme Court of India passed a judgment concerning the eligibility of resolution applicants for Essar Steel India Limited. INDUSLAW's...
Corporate & CommercialEmployment LawTechnology, Media & TelecommunicationsGovernment & RegulatoryInsolvency & Restructuring & Banking & Finance
Key Legal Developments 2018
During 2018, our lawyers shared their thoughts on a number of major legal developments impacting the Indian economy, spanning a wide arc from data usage...
Projects & Project FinanceGovernment & Regulatory & Banking & Finance
THE RBI ISSUES A NEW EXTERNAL COMMERCIAL...
On January 16, 2019, the RBI revised the external commercial borrowing policy, essentially restructuring the regime into foreign currency and Indian Rupee debt. In particular,...
Projects & Project FinanceGovernment & Regulatory & Banking & Finance
VOLUNTARY RETENTION ROUTE RELAXES SUBSCRIPTION NORMS FOR...
The Voluntary Retention Route announced by the RBI at the beginning of March gives FPIs the opportunity to subscribe for Indian corporate debt, free from...
Projects & Project FinanceGovernment & Regulatory & Banking & Finance
RELAXATION ON PERMITTED END-USES UNDER THE ECB...
In continuation of its efforts to simplify the existing ECB regime in India, the RBI issued a circular on July 30, 2019, through which it...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
RBI REGULATORY PACKAGE FORCOVID-19| FREQUENTLY ASKED QUESTIONS
On March 27, 2020, to mitigate the impact of COVID-19 on the financial market, the RBI announced a regulatory package, through which it allowed a...
Banking & Finance
Infolex Alert : Further Relaxations of Tax...
In light of the pandemic, the Government had provided relief to taxpayers by extending statutory and regulatory compliance timelines under various direct tax statutes, by...
Banking & Finance
InfoAlert | Loans Sourced by Banks and...
The Reserve Bank of India recently issued a notification to reiterate and ensure compliance of the Fair Practices Code and outsourcing guidelines for financial services,...
Banking & Finance
One Time Restructuring Framework For Stressed Borrowers
While the world is still trying to figure out the “new normalâ€, India’s central bank continuously strives to mitigate the impact of Cvoid 19 on...
Corporate & CommercialReal Estate & Banking & Finance
HIGHLIGHTS OF THE MAHARASHTRA STAMP (AMENDMENT AND...
The Revenue and Forests Department has amended the Maharashtra Stamp Act, 1958 on February 9, 2021, vide Maharashtra Ordinance No. I of 2021[1], by promulgating...
