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Banking and Finance Law

Banking and finance law addresses the organization, ownership, and operation of banks and depository institutions, mortgage banks, other providers of financial services regulated or licensed by state or federal banking regulators, and holding companies (“bank and other financial organizations”). It also covers representation of bank and other financial organizations in lending transactions to borrowers and compliance with consumer and other laws involving all aspects of financial services provided by bank and other financial organizations.

As per the reports of the Reserve Bank of India (“RBI”), India’s banking sector is sufficiently capitalised and well-regulated. The financial conditions and the economy in the present moment are far better than any country in the world. Be it credit, market or liquidity risk studies and surveys, they all suggest Indian banks have withstood the global downturn efficiently and can recover quickly from difficult conditions. India is said to be one of the fastest growing economies in the world.

The banking and financial industries are heavily regulated by both state law. These laws impose reporting requirements for banks and other financial institutions, govern securities and other transactions, and regulate taxes. In addition to affecting banks, banking and finance law often plays a large role in mergers and acquisitions of corporations, stock purchases and investments by both individuals and companies, and tax audits of bank accounts.

Many people find they need legal help with banking and finance law when forming a new business. There are many laws, contracts, and regulations that may dictate how new business spend and account for investment funds. That's why many small businesses and start-ups find they need to hire a lawyer from the beginning to ensure compliance with all legal rules.

Other Considerations When Hiring a Banking and Finance Lawyer

Banking and finance-related legal issues can affect nearly anyone. Individuals may have their bank accounts compromised by financial institutions that fail to follow regulations. Small businesses can run into securities issues when accepting investment funds. Finally, large corporations and banks have a host of regulations that they must follow in order to conduct business. Rather than finding a lawyer with general experience in banking and financial legal issues, you should hire an attorney with specific experience in your particular issue or representing clients in similar legal positions.

Banking and finance legal issues pose special problems when financial transactions are conducted across borders. In particular, participating in banking and financial activities involving certain Muslim countries can require you or your business to follow special Islamic rules regarding finance. For example, some Muslim countries have banned collecting interest on certain loans. People facing Islamic finance issues should take extra care to hire a lawyer experienced and properly trained in these special regulations.

If the business is facing a finance-related legal issue, contacting a bank and finance lawyer immediately can prove a better solution to explore legal options.

Our Banking and Finance Transactional Practice covers:
  • Corporate Finance
  • Conducting legal due diligence of the borrower entities.
  • Structuring and advising on corporate financing transactions, including drafting, negotiating, reviewing and finalizing of transaction documents and security documents.
  • Structured Finance
  • Advising and assisting in private placement and public issues of debentures, bonds, foreign currency convertible bonds, rupee denominated bonds, debt – equity swaps, debt security instruments and other forms of mezzanine and bridge financing.
  • Structuring, drafting, negotiating, reviewing and finalizing of transaction documents and security documents.
  • International Banking
  • Structuring and advising on regulatory aspects of foreign currency loans availed through external commercial borrowings/overseas direct investments.
  • Advising foreign lenders on regulatory aspects of creation and perfection of security in relation to foreign currency loans.
  • Drafting, negotiating, reviewing and finalizing transaction documents.
  • Securitization and Factoring
  • Structuring and advising on regulatory and implementation aspects of Securitization and Factoring and drafting, negotiating, reviewing and finalizing transaction documents.
  • Project Finance
  • Advising public and private sector banks and financial institutions on financing of infrastructure projects (including airports, power generation & distribution (solar, hydro, wind & thermal), oil & gas, roads & highways, ports, mass rapid transit system, cement plants, schools, mining, etc.
  • Preparation and finalization of financing and security documents and providing risk analysis of project documents.
  • Advising on stamp duty and registration implications and the sufficiency and enforceability of financing and project documents.
  • Debt Restructuring and Re-financing
  • Advising and assisting lenders and borrowers on various modes of debt restructuring and refinancing.