At Covenant Chambers, we provide comprehensive legal services across the full spectrum of
banking, finance, and capital markets.
Our team of experienced attorneys works with financial institutions, corporate clients,
investors, and regulatory bodies to navigate
the complexities of financial regulations, transactional matters, and capital market
developments.
With deep industry knowledge and an understanding of the evolving financial landscape, we
deliver practical, strategic advice
that helps our clients mitigate risk, seize opportunities, and achieve their business
objectives.
Our Banking & Finance Practice
Our banking and finance attorneys advise on a wide range of matters related to the financial
services sector. We represent banks,
lenders, borrowers, investors, and other financial institutions in transactional, regulatory,
and dispute resolution matters.
Services We Offer:
- Lending & Credit Facilities: Structuring, negotiating, and documenting
secured and unsecured credit facilities, including syndicated loans, acquisition financing,
and project finance.
- Regulatory Compliance: Guidance on banking regulations, including
Dodd-Frank, Basel III, anti-money laundering (AML), and know your customer (KYC) compliance.
- Structured Finance & Securitization: Structuring complex financial
products, including asset-backed securities (ABS), collateralized debt obligations (CDOs),
and other securitization vehicles.
- Restructuring & Workouts: Advising on distressed assets, restructuring debt
obligations, and negotiating forbearance agreements and workouts.
- Consumer Finance: Counsel on lending laws, consumer protection regulations,
and fair lending practices.
Our Capital Markets Expertise
Navigating the capital markets requires a deep understanding of securities laws, regulatory
frameworks, and market dynamics.
Our capital markets team advises issuers, underwriters, investors, and other participants on all
aspects of public and private
offerings, securities regulation, and corporate governance.
Key Areas of Expertise:
- Public Offerings & Private Placements: Guidance on IPOs, secondary
offerings, private equity placements, and debt issuances.
- Securities Regulation & Compliance: Helping clients comply with SEC
regulations, including the Securities Act of 1933, the Securities Exchange Act of 1934, and
other regulatory frameworks.
- Mergers & Acquisitions (M&A): Providing legal counsel in the context of M&A
transactions, including due diligence, structuring, financing, and regulatory approvals.
- Corporate Governance: Advising boards of directors, executives, and
shareholders on governance practices, executive compensation, shareholder rights, and proxy
matters.
- Derivatives & Hedging: Structuring and negotiating derivatives
transactions, including swaps, options, and futures contracts, in compliance with relevant
financial market regulations.
Acts & Rules on Banking, Finance & Capital Markets
Banking Laws
- Reserve Bank of India Act, 1934 establishes the Reserve Bank of
India as the central bank, empowering it to issue currency, regulate banking
institutions, and conduct monetary policy.
- Banking Regulation Act, 1949 governs the incorporation, management,
and operations of banking companies in India, including capital requirements and
licensing.
- Negotiable Instruments Act, 1881 prescribes provisions for
promissory notes, bills of exchange, and cheques, determining liabilities for
dishonour and fraud.
- Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (SARFAESI) enables banks to enforce
security interests and reconstruct or securitise non performing assets without court
intervention.
- Recovery of Debts Due to Banks and Financial Institutions Act, 1993
(RDDBFI) establishes Debt Recovery Tribunals for expedited resolution
of NPAs and recovery suits by banks and Fis.
- Prevention of Money Laundering Act, 2002 (PMLA) sets the framework
for anti money laundering obligations, customer due diligence, and reporting by
banks and financial institutions.
Regulatory Rules & Directions
- RBI Master Directions: consolidate all regulatory instructions
issued under various Acts (e.g., banking, forex, payments) into a single, updated
document for ease of reference.
- RBI Master Circulars: provide periodic, comprehensive compilations
of guidelines on topics such as para banking activities, income recognition, and
asset classification for scheduled banks.
Finance & Foreign Exchange
- Foreign Exchange Management Act, 1999 (FEMA) and its accompanying regulations govern
external trade, capital account transactions, and remittances, replacing the older
FERA framework
.
- Government Securities Act, 2006 consolidates and amends laws relating to government
securities, with the Government Securities Regulations, 2007 detailing issuance,
transfer, and management processes by the RBI
.
- Payment and Settlement Systems Act, 2007 provides a legal framework for the
regulation and supervision of payment systems and settlement finality under RBI
oversight.
- Credit Information Companies (Regulation) Act, 2005 establishes the legal structure
for credit bureaus, mandating reporting standards and data privacy for credit
information.
Capital Market Laws
- Securities Contracts (Regulation) Act, 1956 (SCRA) regulates the trading of
securities on recognised stock exchanges, listing requirements, and trade practices.
- Securities and Exchange Board of India Act, 1992 (SEBI Act) establishes SEBI to
protect investors, develop the securities market, and regulate intermediaries and
corporate disclosures.
- Depositories Act, 1996 provides for the establishment of depositories to enable
electronic holding and transfer of securities, reducing paperwork and improving
market efficiency.
Other Financial Sector Acts
- Companies Act, 2013 governs corporate formation, governance, fundraising (public
issues, private placements), and financial reporting.
- Insolvency and Bankruptcy Code, 2016 (IBC) creates a unified framework for
insolvency resolution and liquidation of corporate and individual debtors,
establishing the Insolvency and Bankruptcy Board of India (IBBI).
- Insurance Act, 1938 and IRDAI Act, 1999 regulate insurance companies, policies,
consumer protection, and empower the Insurance Regulatory and Development Authority
of India (IRDAI).
- Pension Funds Regulatory and Development Authority Act, 2013 (PFRDA Act) governs
pension fund management, trusteeship, and defines the National Pension System (NPS)
framework.
- This framework of Acts and Rules, supported by extensive subordinate legislation and
regulatory guidance, creates a robust ecosystem for banking, finance, and capital
markets in India.
Why Choose Us?
- Industry Knowledge: Our team combines legal expertise with a deep understanding of the
financial and banking sectors. We stay ahead of industry trends, emerging regulations, and
market shifts to provide strategic, forward-thinking advice.
- Global Reach: With experience in both domestic and international markets, our team is adept
at advising on cross-border transactions, multi-jurisdictional regulatory issues, and global
compliance.
- Tailored Solutions: We take the time to understand your business and craft tailored legal
strategies that align with your financial objectives, risk tolerance, and long-term goals.
- Proven Track Record: Our lawyers have successfully represented clients in high-stakes
financial transactions, regulatory investigations, and complex litigation matters, earning
the trust of leading financial institutions, corporations, and investors.
Industries We Serve
We provide legal counsel to a broad range of industries, including:
- Financial Institutions & Banks
- Private Equity & Hedge Funds
- Insurance Companies
- Investment Banks & Securities Firms
- Real Estate Investment Trusts (REITs)
- Corporations & Multinational Companies
- FinTech & Digital Assets
Our Approach
At Covenant Chambers, we recognize that banking, finance, and capital markets law is highly
dynamic and can present significant challenges. Our approach combines proactive legal strategy
with practical solutions, ensuring that our clients are well-positioned to navigate the
complexities of the financial markets.
We work closely with clients to:
- Manage Regulatory Risks: By providing expert counsel on compliance with evolving banking and
securities regulations, we help clients avoid costly penalties and reputation damage.
- Support Business Transactions: Whether raising capital, negotiating loans, or structuring
joint ventures, we provide the legal insight necessary for successful financial
transactions.
- Resolve Disputes Efficiently: In the event of disputes, we offer aggressive representation
in litigation, arbitration, and alternative dispute resolution (ADR), always seeking the
most effective solution for our clients.