The Banking and Structured Finance practice group at FML concentrates all of its resources and professional efforts in the field of the Reserve Bank of India, regulatory and other banking law.
The firm has a nationwide practice base and has successfully represented and advised numerous banks, financial institutions, insurance companies, securitisation / asset reconstruction companies, non – Banking Financial companies and others. The caliber of the firm’s advisory and legal services in this sector has been highly appreciated by banking institutions across India as is evident from the impressive list of our clients in the said sector.
The FML Banking and Structured Finance Group has extensive experience in structuring, negotiating and documenting all types of financing transactions, including domestic and cross-border transactions, secured and unsecured transactions, project financings and asset-based lending. With our highly efficient Tax Group, we offer to our clients complete legal solutions to their needs in the said sector.
Practice Areas
Our Banking and Structured Finance practice area focuses on:
- Advising the clients on the provisions under the Banking Regulation Act, 1949 and notifications issued by the Reserve Bank of India (RBI) including exchange control regulation of RBI.
- Advising the clients on structuring of foreign investments in the banking sector in India.
- Advising banks/ Non-Banking Financial Companies (“NBFCs”) / financial institutions and companies on the foreign exchange regulations pertaining to investments/transactions in the banking sector
- Drafting loan and financing agreements, service agreements, security, guarantee and allied documents for our clients
- Advising NBFCs on various foreign exchange, company law and other legal issues, including issues related to the applicable capitalization norms, registration requirements etc
- Advising the clients on legal and regulatory issues in relation to securitisation and asset reconstruction.
- Advising tax optimal structures for leasing transactions.
- Representing banks and Government of India in relation to litigation and arbitration matters in various courts in India.
- The Litigation practice includes wide experience in civil, corporate litigation, environmental, property dispute, banking, criminal matters (white collar) and Arbitration matters. Further the litigation team also practices various fields of law including, intellectual property laws, service matters, electricity laws, anti dumping laws, competition laws, consumer protection, environmental laws, negotiable instruments act before the appropriate courts/ forums/ tribunal/ commissions.
- The litigation team practices before the Debts Recovery Tribunal, Debts Recovery Appellate Tribunal, Monopolistic and Restrictive Trade Practice Commission, Company Law Board, Electricity Appellate Tribunal, Consumers Forums, District Court, BIFR, AAIFR, CEGAT, the High Court and the Supreme Court of India, etc.
An indicative list of our experience in the banking and structured finance area is as follows:
- Advising the Government of India on the Dabhol Project in relation with the restructuring plan, project financing, sovereign guarantee, loan documentation, security arrangement, indenture of mortgage, mortgage trustee agreement, trust and retention account agreement, etc.
- Provided assistance in drafting loan documentation for JP Morgan Chase Bank National for a term loan granted to Macrotech Construction Pvt. Ltd., a Lodha Group company. And also assisted in doing due diligence/ title search on the property of Macrotech, which was mortgaged against the loan.
- Advising the Central Bank of Bangladesh on the legal aspects of their restructuring (World Bank Project for 2 ½ years).
- Advised the World Bank on the World Bank India Small & Medium Enterprise (SME) Project, Risk Sharing Facility Structuring;
- Advised Power Finance Corporation Limited on documentation of the loan sanctioned by Power Finance Corporation to Maharashtra State Electricity Board in respect of Thermal Power station at Beed, Maharashtra entailing drafting of the Loan Agreement, Mortgage Deed / Undertakings, Board Resolution and opinion on the Title Search Report etc.;
- Advised Power Finance Corporation Limited on the loan sanctioned to Jindal Thermal Power Company Limited (debt-refinancing) entailing vetting and finalization of Loan Agreement, Pari Passu Agreement, Security Trustee and Agent Agreement, Pledge Agreement, Memorandum of Hypothecation, Indenture of Mortgage, Letter of Waiver, Deed of Re-Conveyance, Declaration, etc.;
- Acted on behalf of Power Finance Corporation Limited in connection with financial assistance to M/s. Enercon Wind Farms (Rajasthan) Pvt. Ltd. and M/s. Enercon Wind Farms (Jaisalmer) Pvt. Ltd. for procurement of equipment under Lease Finance Scheme for setting up Wind Farms in Rajasthan;
- Advising HSBC, Hong Kong in relation to transfer of their merchant acquiring business.
- Assisted Power Finance Corporation Limited on documentation of the loan sanctioned by Power Finance Corporation to Himachal Pradesh State Electricity Board for Hydro Electric Projects of 2X50 MW in Uhl and 2X33 MW in Kashang in Himachal Pradesh;
- Advised Wells Fargo Foothill Inc., a California based Company in respect of a global lending transaction. Rendered India level advice on their Securitisation transactions;
- Advised Power Finance Corporation Limited relating to security/guarantees to be taken by Power Finance Corporation for the loan sanctioned to Shree Maheshwar Hydel Power Corporation Limited for the Maheshwar Hydel Power Project in Madhya Pradesh.
- Documentation of the loan sanctioned by Power Finance Corporation to Gautami Power Limited in respect of its combined cycle power project in Andhra Pradesh entailing vetting and finalisation of Loan Agreement, Pari Passu Agreement, Security Trustee and Agent Agreement, Pledge Agreement, Memorandum of Hypothecation, Indenture of Mortgage, Letter of Waiver, Deed of Re-Conveyance, Declaration etc. [Project cost: Rs. 1500 crores]
- Advised UBS in relation to restructuring of debt owed by Prime Asia N.V (the Borrowers) to Union Bank of Switzerland AG (UBS AG).
- Assisted Indian Renewable Energy Development Agency (IREDA) in 14 Power different projects in India, financed by it.
- Represented National Housing Bank for debt securitisation of immovable properties.
- Represented Bayerische Hypo-undVereinsbank Aktiengesellschaft, in relation to a debt transaction involving a term loan of 10.3 million Euros to Shriram Fibres Limited.
- Advised Tourism Finance Corporation of India in relation to various loans and documentation in connection therewith.
- Advised DVB Bank-Tolani Shipping Co. Limited on the loan facility, including documentation in relation to the transaction.
- Represented Euronet Worldwide, Inc. and advised them in connection with refinancing transactions.
- Advised GMR Infrastructure Limited on documentation, including Consortium Agreement, Lead Bidder Agreement, etc. at the bidding stage of the International Airport Project at Hyderabad.
- Represented Standard Chartered Grindlays in relation to general loan transactions.
- Acted for Kolkata West International City Private Limited promoted by Salim Group & Ciputra Group of Indonesia in relation to the West Howrah Township project in West Bengal.
- Advised Modi-Mundipharma Limited and Mundipharma Laboratories GmbH in relation to foreign currency loan documentation.
- Rendered advice to CCIL Mumbai on Rupee derivative products.
- Advised Bayard Capital, Australia in relation to issue of guarantees and creation of security in favour of Australian Banks.
- Represented Cessna Finance Corporation in relation to refinancing of two Helicopters.
- Advised IDFC, the Financier in relation to Bio-energy Power Project in Lucknow.
- Advised ICICI in relation to negotiations on financial documentation, loan documentation, security documentation, deed of hypothecation, non-resource financing in relation to the ST-CMS Neyveli Power Project in Tamil Nadu.
- Advised Crysler Bank, one of the lenders in the Karnataka Project of Jindal/Tractobel.
- Advised Citibank, the main lender in the Bhilai Project of Citibank / Larsen & Toubro.
- Advised the Bank of America in its MPDC Investment in Dabhol Power Company including drafting the facility & guarantee agreements.
- Acted as the Indian counsel for ABN-Amro Bank/ICICI and advised on all Indian law issues relating to the project including power purchase agreements and financial documents both for foreign currency and rupee financing, devised an appropriate security package in consultation with the developers, Indian legal counsel, drafted and negotiated security documents to conducting detailed due diligence on the project especially with respect to statutory and regulatory approvals including environmental approvals and title to land with regard to the Videocon Power Limited project.
- Advised the Rabo Bank in relation to its joint venture to establish Rabo India Finance Private Limited.
- Advised the Banque Brussels Lambert – ING Bank in relation to the acquisition of shares in Vyasa Bank Limited.
An indicative list of clients represented in the Banking and Structured Finance area is as follows:
S.No. |
Banks represented by us |
ABHYUDAYA CO-OPERATIVE BANK LTD |
|
ABN AMRO BANK |
|
ABU DHABI COMMERCIAL BANK LTD. |
|
ALLAHABAD BANK |
|
AMERICAN EXPRESS BANK |
|
ANDHRA BANK |
|
ANZ INVESTMENT BANK |
|
APEEJAY FINANCE LIMITED |
|
APEX BANK |
|
AWASH INTERNATIONAL BANK |
|
BANK OF AMERICA NT & SA |
|
BANK OF BAHRAIN & KUWAIT |
|
BANK OF BARODA |
|
BANK OF BARODA MUTUAL FUND |
|
BANK OF CALIFORNIA |
|
BANK OF CREDIT & COMMERCE INTERNATIONAL OVERSEAS LTD |
|
BANK OF INDIA |
|
BANK OF MAHARASHTRA |
|
BANK OF NOVA SCOTIA ASIA LTD |
|
BANK OF OMAN |
|
BANK OF RAJASTHAN LTD |
|
BANK OF SCOTLAND |
|
BANK OF TOKYO-MITSUBISHI |
|
BANK OF TOYOTA & MITSUBISHI LTD |
|
BARCLAYS BANK PLC |
|
BAREILLY CORPORATION BANK |
|
CANARA BANK |
|
CANBANK MUTUAL FUND |
|
CENTRAL BANK OF INDIA |
|
CHASE MANHATTAN BANK |
|
CITIBANK, N. A. |
|
CORPORATION BANK |
|
CREDIT LYONNAIS |
|
DENA BANK |
|
DEUTSCHE BANK A. G. |
|
DEVELOPMENT CO-OPERATIVE BANK LTD |
|
DRESDNER BANK A.G. |
|
EMIRATES BANK INTERNATIONAL |
|
EXIM BANK |
|
FEDERAL BANK |
|
FUJI BANK |
|
GRINDLAYS QATAR BANK |
|
HABIB BANK |
|
HAMBROS BANK LTD |
|
HONGKONG & SHANGHAI BANKING CORPORATION LTD |
|
IDBI BANK LTD. |
|
IFCI LTD. |
|
INDIAN BANK |
|
INDIAN OVERSEAS BANK |
|
INDSIND BANK |
|
IREDA LTD. |
|
JALGAON JANATA SAHAKARI BANK LTD |
|
KARNATAKA BANK |
|
KHEDA PEOPLE’S CO-OPERATIVE BANK LTD |
|
LLOYDS TSB BANK |
|
MACQUARIE BANK |
|
MASHREQ BANK |
|
MERRILL LYNCH INTERNATIONAL BANK |
|
MIDDLE EAST BANK LTD |
|
MUMBAI DISTRICT CENTRAL CO-OPERATIVE BANK LTD |
|
MUNICIPAL CO-OPERATIVE BANK LTD |
|
NATIONAL HOUSING BANK |
|
OMAN INTERNATIONAL BANK |
|
PUNJAB & SINDH BANK |
|
PUNJAB NATIONAL BANK |
|
QATAR ISLAMIC BANK |
|
RABO BANK LTD |
|
ROYAL BANK OF CANADA |
|
SAHYADRI SHAKARI BANK LTD. |
|
SBI COMMERCIAL & INTERNATIONAL BANK LTD. |
|
SBI HOME FINANCE |
|
SCHWEIZERISCHE VOLKS BANK |
|
SEB MERCHANT BANKING |
|
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA |
|
STANDARD CHARTERED BANK |
|
STATE BANK OF BIKANER & JAIPUR |
|
STATE BANK OF HYDERABAD |
|
STATE BANK OF INDIA |
|
STATE BANK OF INDORE |
|
STATE BANK OF PATIALA |
|
STATE BANK OF SAURASHTRA |
|
SUMITOMO BANK LTD |
|
SYNDICATE BANK |
|
TAIB BANK |
|
THE BANK OF NEW YORK |
|
THE BANK OF NOVA SCOTIA |
|
THE KAPOL CO-OPERATIVE BANK LTD |
|
THE NASIK MERCHANTS CO-OPEARTIVE BANK LTD |
|
THE SANGLI BANK LTD |
|
THE SARASWAT CO-OPERATIVE BANK LTD |
|
THE VYASYA BANK LTD |
|
THE WORLD BANK |
|
TORONTO DOMINION BANK |
|
TOURISM FINANCE CORPORATION OF INDIA |
|
UNION BANK OF CALIFORNIA INTERNATIONAL |
|
UNION BANK OF INDIA |
|
UNION BANK OF SWITZERLAND |
|
UNITED BANK OF INDIA |
|
UNITED INDUSTRIAL BANK LTD |
|
USB INVESTMENT BANK |
|
UTI BANK LTD |
|
VASAI VIKAS SAHAKARI BANK |
|
VIJAYA BANK |
|
VYASA BANK LIMITED |



