BANKING & STRUCTURED FINANCE

In recent years, especially in the wake of the steps taken to attract foreign investments into the banking sector, this industry has witnessed considerable expansion and growth. The Government of India has provided an added impetus to the banking industry by proposing to set up an Asset Reconstruction Company. With the setting up of such companies, the burden of those banks, which are saddled with Non-performing assets, will ease considerably. Amongst other measures, the Government of India has also permitted offshore banking units to be set up in Special Economic Zones. Structured finance deals whether in the form of domestic or cross-border securitization have gained momentum.

Our Banking and Structured Finance practice area focuses on:

• Guiding our clients on various issues arising under the Banking Regulation Act, 1949, and other allied laws.
• Helping our clients structure their investments in Indian banking companies in the most optimal manner.
• Providing advisory services to various banks/ corporate sector on the foreign exchange regulations pertaining to investments/transactions in the banking sector
• Advising private banks on adopting appropriate risk management models, especially in the context of Internet banking solutions provided by these banks to their customers
• Drafting user agreements, service agreements, privacy policy statements, and allied documents for our clients
• Providing advisory services to Non-Banking Financial Companies (NBFCs), including issues related to the applicable capitalization norms, registration requirements, to name a few
• Advising organizations on their foray into micro-credit
• Acting as legal counsel to housing finance companies in transactions relating to securitization of housing loans and the subsequent public offering of the securitized portfolio
• Assisting Indian and overseas clients with legal and regulatory issues in relation to asset reconstruction
• Developing tax optimal cross-border structures for aircraft and ship leases

Our advice is a comprehensive blend of business strategy, in-depth industry specific legal issues and global tax minimization.

Our Research Papers:

• Securitisation in India
• Taxation Of Derivatives
• Discovering Derivatives

Other allied material:

• You can Bank in this - (Economic Times, October 26, 2002)
• Boon or Bane - (Economic Times , July 20, 2002)
• Double trouble - (Economic times, May 04, 2002)
• Stirred but not shaken - (Economic Times, April 13, 2002)
• Of Banks And blockbusters (Economic Times, November 11, 2000)

Contact details: For further information and / or suggestions, please contact Siddharth Shah
Email: siddharth@nishithdesai.com