Astha Law Solutions regularly advises banks, non-banking financial companies (NBFCs), financial institutions and corporate borrowers across a wide range of banking and finance matters. Our work covers lending and security documentation, loan recovery, due diligence, project and structured finance, and regulatory compliance. In the area of corporate finance, Astha Law Solutions handles securities issues, private placements, corporate restructuring, settlement strategies and advice on regulatory and prudential norms. The department combines commercial understanding with in-depth, sector-specific legal expertise.
| Service | What It Covers |
|---|---|
| Security & Lending Documentation | Drafting loan agreements, facility letters, mortgages, hypothecation and guarantee deeds |
| Creation & Perfection of Security | Advising on and registering charges in favour of lenders, including with the Registrar of Companies |
| Corporate Finance & Securities | Capital raising, debentures, private placements and public offerings |
| Syndicated & Bridge Lending | Multi-bank facilities, consortium lending and short-term bridge finance |
| Loan Recovery & Enforcement | Enforcing security to recover dues, including under the SARFAESI framework |
| Litigation Before Courts & Tribunals | Representation before civil courts, the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT) |
| Lease & Equipment Finance | Structuring and documenting lease and asset-finance transactions |
| Project Financing | Advising on infrastructure and project loans, including security packages |
| Insurance Work | Advisory on insurance and credit-protection arrangements |
| Securitisation | Acting for financial institutions on the securitisation of loan portfolios and subsequent issuance of securities |
| Commercial Conveyancing | Property transfers connected with secured lending |
| Risk Management Advisory | Helping lenders implement appropriate risk-management frameworks |
| Contract Drafting | Customer agreements, security, lending and service contracts, and privacy policy statements |
Banking and finance in India is closely regulated, primarily by the Reserve Bank of India (RBI), which frames prudential norms, asset-classification rules and recovery guidelines that lenders must follow. Companies raising debt or equity are also governed by the Companies Act, 2013 and, where listed, by the regulations of the Securities and Exchange Board of India (SEBI). For us as banking lawyers, the task is to make sure that every facility, security interest and recovery action is structured to comply with this layered framework while protecting our client’s commercial interest.
Over the past several years, and particularly following measures taken to attract foreign investment into the financial sector, this area of practice has seen considerable growth. The Government of India has given the financial market an added impetus through the framework for Asset Reconstruction Companies (ARCs). With these institutions in place, the burden on banks saddled with non-performing assets (NPAs) has eased considerably, because ARCs can acquire and resolve stressed loans. Among other measures, the Government has also permitted overseas financial units to be set up in special economic zones, such as the International Financial Services Centre at GIFT City. Structured-finance transactions, whether domestic or cross-border securitisation, have steadily gained strength.
A large part of banking litigation concerns the recovery of bad debts. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) allows banks and notified financial institutions to enforce security interests without first approaching a court, by issuing a demand notice to a defaulting borrower and, on default, taking possession of the secured asset. The Recovery of Debts and Bankruptcy Act, 1993 established the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT) to provide a specialised, faster forum for recovery of dues above the prescribed threshold. We act for both lenders enforcing their security and borrowers contesting recovery action, including applications and appeals before the DRT and DRAT.
Where a corporate borrower is unable to pay its debts, recovery may also move into insolvency. The Insolvency and Bankruptcy Code, 2016 (IBC) provides a time-bound process for the resolution or liquidation of defaulting companies before the National Company Law Tribunal (NCLT), and has significantly changed how lenders approach stressed assets. Our team advises financial creditors and corporate debtors on the strategic choices between SARFAESI enforcement, DRT proceedings and the IBC route.
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