What this covers
Eligibility, end-use restrictions, all-in-cost ceilings, minimum average maturity, hedging requirements and Loan Registration Number filings under the RBI's ECB framework. We also advise on overseas direct investment structures and the FEMA consequences of guarantees given by Indian parents for offshore subsidiaries.
How the Work Is Sequenced
The stages Banking & Finance cases move through. Timelines depend on the case.
Term sheet review
We read the commercial terms against the regulatory perimeter before drafting starts — eligibility, end-use, pricing caps and security feasibility. Far cheaper to resolve here than at signing.
Due diligence
Corporate authority, title and encumbrance searches, the existing charge position, and consents required from prior lenders. Deliverable is a due diligence report with a risk register.
Documentation
Facility and security documents, with stamp duty and registration mapped for each state in which an asset sits. Turnaround depends on the number of security providers, not the loan size.
Conditions precedent and disbursement
CP checklist management, legal opinions where required, and confirmation of perfection steps — filings with the Registrar of Companies and CERSAI, and sub-registrar registration where relevant.
Post-closing and ongoing
Covenant monitoring support, waivers and amendments, annual compliance filings, and — if the credit deteriorates — early advice on restructuring or enforcement options.
Where It Is Heard
The courts, tribunals and regulators this work comes before.
- Reserve Bank of India
- Securities and Exchange Board of India
- National Company Law Tribunal — Hyderabad, Amaravati and Bengaluru benches
- National Company Law Appellate Tribunal
- Debts Recovery Tribunals and the Debts Recovery Appellate Tribunal
- High Court of Telangana; High Court of Andhra Pradesh; High Court of Karnataka
- Central Registry of Securitisation Asset Reconstruction and Security Interest (CERSAI)
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