Banking, Finance & Insurance

We at Kolkata Law Firm, bring with us a holistic understanding of the expectations and requirements of stakeholders in financing transactions. The firm offers a comprehensive legal services to the lenders, borrowers, advisers and other intermediaries including handling of disputes related to dishonor of cheques under section 138 of Negotiable Instruments Act 1881. The clients include leading banks, financial institutions, NBFCs and business houses.  The firm handles the entire spectrum of work including due diligence on the Borrowers, Promoters and Projects / Securities, structuring transactions, drafting term sheets and transactional documents, negotiations, advising on the regulatory framework and related issues and also cases and disputes related to dishonor of cheques under section 138 of Negotiable Instruments Act 1881.

Our team of attorneys assists and advises clients on loan securitization, syndicated loans, corporate debt restructuring (CDR), structured finance and project finance.

Services provided by the Firm are:

Corporate Finance

  • Conducting legal due diligence of the borrower entities.
  • Structuring and advising on corporate financing transactions, including drafting, negotiating, reviewing and finalizing of transaction documents and security documents.

Structured Finance

  • Advising and assisting clients in private placement and public issues of debentures, bonds, foreign currency convertible bonds, rupee denominated bonds, debt-equity swaps, debt security instruments and other forms of mezzanine and bridge financing.
  • Structuring, drafting, negotiating, reviewing and finalizing of transaction documents and security documents.

International Banking

  • Structuring and advising on regulatory aspects of foreign currency loans availed through external commercial borrowings/overseas direct investments.
  • Advising foreign lenders on regulatory aspects of creation and perfection of security in relation to foreign currency loans.
  • Drafting, negotiating, reviewing and finalizing transaction documents.

Securitization and Factoring

  • Structuring and advising on regulatory and implementation aspects of Securitization and Factoring and drafting, negotiating, reviewing and finalizing transaction documents.

Project Finance

  • Advising public and private sector banks and financial institutions on financing of infrastructure projects (including airports, power generation & distribution (solar, hydro, wind & thermal), oil & gas, roads & highways, ports, mass rapid transit system, cement plants, schools, mining, etc.
  • Preparation and finalization of financing and security documents and providing risk analysis of project documents.
  • Advising on stamp duty and registration implications and the sufficiency and enforceability of financing and project documents.

Debt Restructuring and Re-financing

  • Advising and assisting lenders and borrowers on various modes of debt restructuring and refinancing.

Negotiable Instrument Act 1881

  • Advising handling of cases and disputes including drafting of legal notice, complaints, replies, rejoinders, written submissions, evidences etc. under section 138 of Negotiable Instruments Act 1881. Drafting of complaints under

Insurance

We at Kanth & Associates have a highly experienced team of lawyers in the field of insurance. Our clients include various multinational insurance groups, domestic insurers, insurance brokers, corporate agents, etc. Our Firm has advised Dawnay Day AV Securities Pvt. Ltd., Zwirn Pragati Capfin. Pvt. Ltd and Kotak Mahindra in raising funds through QIPs, issuance of commercial papers, net owned fund, fit and proper norms, capital adequacy norms, ceiling on credit investment concentration, know your customer norms, repossession of the assets on default, etc.

We have represented financial institutions such as ICICI Bank, Corporation Bank, Dena Bank, Canara Bank and various private equity investors and financial sponsors like Planman Financial for finance of corporate mergers and acquisitions, equity investment, distribution of IPOs, etc. We also represent our clients in Arbitrations arising out of disputes relating to financing and securitization agreements. Our Firm has represented Citi Financial Consumer Finance India Ltd., a leading NBFC in India in civil and criminal litigation, consumer matters and arbitration.

Services provided by our Firm includes:

  • Assisting our clients at every stage of the insurance process, including incorporation of the business, handling claims, coverage advice, and insurance litigation, as well as arbitration.
  • Advising our clients with regards to insurance laws as well as address insurance and reinsurance coverage issues arising out of a wide variety of claims, including bad faith claims, environmental related claims, construction defect claims, construction bodily injury claims, personal injury claims, employment-related claims, product liability claims, professional liability claims, general liability claims and claims related to storm, fire, water losses, etc.
  • Advising on bank finance, mode of employment, facilitated regulatory clearances and facilitate entry routing and business set-up of various multinational companies.
  • Representing clients before Debts Recovery Tribunals in recovery and enforcement proceedings which include drafting of Securitization Applications, replies, rejoinders, etc.
  • Representing our clients before Courts and Forums in various proceedings arising out of Negotiable Instrument Act and other Banking and Insurance laws.
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