Banking & Finance

We structure capital with clarity—so lenders, borrowers, and sponsors can move fast and stay compliant
Transaction-ready counsel across project finance, debt (re)structuring, asset & structured products, and banking regulation.
  • India’s financing landscape is tightening: prudential norms, ECB conditions, stressed-asset frameworks, and evolving NBFC rules demand careful structuring and documentation.
  • Interplay of regimes such as RBI Directions, Companies Act, FEMA, SEBI debt regulations, SARFAESI/IBC can reshape security, subordination, and enforcement strategies mid-deal.
  • Syndicated lending and structured credit now expect bank-grade covenants, intercreditor discipline, and robust post-closing governance to preserve enforceability and rating outcomes.

At Aretha Legal, our Banking & Finance practice supports the full debt lifecycle—from origination and credit approval to drawdowns, amendments, waivers, and enforcement. We advise borrowers, lenders, NBFCs, funds, and sponsors on facilities ranging from working capital and term loans to acquisition and project finance, ECBs, securitisation, and structured solutions. Our approach integrates regulatory advisory (RBI/FEMA/SEBI), transaction execution (from term sheets and LMA/India-style loan docs to security creation and CP/CS checklists), and downside planning (intercreditor frameworks, enforcement options under SARFAESI/IBC).

OUR Expertise

  • Recovery of Debts & Bankruptcy Act proceedings before DRT & DRAT
  • SARFAESI enforcement and asset recovery actions
  • Corporate Insolvency Resolution Processes (CIRP) & Liquidation under the Insolvency & Bankruptcy Code
  • Personal insolvency and bankruptcy proceedings
  • White collar crime litigation linked to financial transactions
  • Wilful defaulter and fraud declaration proceedings before RBI-mandated committees and High Courts
  • Regulatory and compliance disputes impacting the financial sector
  • Project Finance
    Greenfield/brownfield (power, roads, urban infra, renewables); concession and risk allocation review; sponsor support, DSRA, cash-waterfall, RAMP-UP/TRA mechanics; security and step-in rights; regulatory clearances and CP satisfaction.
  • Debt Structuring & Restructuring
    Bilateral/syndicated facilities, refinancing, top-up and back-leverage; one-time settlements; resolution plans; ICA frameworks; covenants re-cut and event of default matrices aligned to RBI stress guidelines.
  • Asset & Structured Finance
    Receivables financing, securitisation/pass-through certificates, lease/rentals monetisation, collateral trusts, credit enhancements, mezzanine and subordinated debt, AIF/NBFC hybrid instruments.
  • Banking Regulatory Advisory
    RBI Master Directions, FEMA/ECB, external commercial borrowings and trade credits, NBFC/HFC licensing and compliance, exposure/related-party norms, priority sector and fair-practice codes, consumer-facing disclosures.
  • Acquisition & Leveraged Finance
    HoldCo/OpCo structures, share-pledge and non-disposal undertakings, covenant packages, intercreditor/subordination, promoter and PE sponsor arrangements.
  • Working Capital & Corporate Finance
    Cash-credit/OD, LC/BG, invoice-discounting, channel finance, standby facilities; negative pledge/pari passu arrangements and CP/CS checklisting.
  • Security Creation & Enforcement
    All-asset/immovable/security interest perfection (ROC/CERSAI), hypothecation/pledge, mortgage, assignment of rights; enforcement strategies under SARFAESI and IBC, including DRT/NCLT interfaces.
  • Derivatives & Treasury
    ISDA/CSA, RBI permissibility and hedging policy reviews for cross-border exposures.
  • Fintech & Digital Lending
    Co-lending, FLDGs, outsourcing and data-sharing arrangements, KFS/UEBA compliance; NBFC-fintech interfaces.
  • Documentation Suite
    Term sheets; facility agreements; security/guarantee and escrow/TRA; intercreditor and subordination; CP/CS schedules; amendment/waiver and event-of-default notices—aligned to India/LMA conventions and rating sensitivities.
 

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