Banking, Finance and Capital Markets

A bank is a place where they lend you an umbrella in fair weather and ask for it back again when it begins to rain – Robert Frost.

The framework of foreign investment and finance laws and listing regulations require professionals to assist businesses to achieve their desired business and investment objectives. Our team possesses the experience and understanding to navigate through complex transactions of lending, borrowing, banking and funding by financial institutions, private equity investors and Governments. The practice area includes advising on:

  • Structuring of public-private partnerships and private and public offerings.
  • Structuring of cross-border acquisitions and financing, funding by private equity investors, investment mechanism and conduct of cross border escrow transactions.
  • Securitization and acquisition of assets of different classes.
  • Securities listing, listing and delisting norms and guidelines.
  • Convertible bonds, global depository receipts, American depository receipts and other equity linked instruments.
  • Drafting of documentation for limited recourse and non-recourse finance transactions and securitization transactions, performance bank guarantees and bonds.
  • Regulatory and legislative framework for registration of venture capital funds, Securities and Exchange Board of India guidelines and fund formations.
  • Venture capital funding and drafting and negotiating related funding agreements and funding of technical institutes and ‘not for profit’ and educational institutions and risk mitigation.
  • Establishment of and investments by Non Banking Financial Companies;
    Syndicated lending (secured and unsecured), external commercial borrowing, debt and equity financing and refinancing and debt restructuring.
  • Drafting and negotiation of forward and hedging contracts.
  • Corporate finance and refinancing, equipment lease finance corporate guarantees, letters of credit, security interest protection and perfection.
  • Enforcement of contractual obligations under investment agreements including listing with Indian stock exchanges, listing obligations, requirements and disclosures and statutory compliances. 
  • Asset sales, debt trading and portfolio management

Notable Representations

  • Bank of Baroda, Brussels Branch related to participation in the Trans-European Automated Real-Time Gross Settlement Express Transfer (TARGET) System and assessment of enforceability in view of foreign exchange control and Indian banking laws. 
  • MPurse Services India’s potential acquirer concerning regulations governing prepaid instruments/e-wallets providers. 
  • Transaction Solutions International, India concerning its role as an authorised “Agent Institution” under the Bharat Bill Payment System, concerning RFP of Corporation Bank for ATM Managed services and its contracts with IBM. 
  • PaySec on the requirements for operating a payment gateway in India. 
  • Usha Martin Limited’s promoter group RBI’s Scheme for Sustainable Structuring of Stressed Assets and on the loan arrangements of the company.