BANKING AND FINANCE
1. Insolvency Proceedings -
ANP advises and represents operating creditors, banks and other financial investors as well as steering committees, insolvency practitioners and their directors and/or officers. The experience of the team helps clients in steering through the issues and challenges faced under the Insolvency and Bankruptcy Code (IBC). Its work covers Pre IBC related initiation (Review & Analysis); IBC Initiation (Application Process); Insolvency Process (Corporate Insolvency Resolution Process); Implementation of the resolution plan and General Advisory, structuring, documentation and Corporate work.
2. Debt Recovery Tribunal (DRT) -
ANP offers detailed knowledge and understanding of SARFAESI Act– The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and RDDBFI – The Recovery of Debts Due to Banks and Financial Institutions. It also provides services at Appellate Tribunal of DRT. It assists lenders / financial institutions to enforce their rights while recovering their money from opposition parties. It accomplishes this by filing appropriate recovery suits at the respective Debt Recovery Tribunal Court and also defending the borrowers’ rights against unlawful actions by the Banks and Financial Institute. Its attempts and efforts are to retrieve the money as early for its client as possible.
3. Restructuring and Securitization -
ANP provides assistance on transaction documents and advice on restructuring transactions, including securitisation structures. This would also include review of existing debt documents and recommending solutions on issues being faced by clients. This includes drafting, negotiating and finalising the respective loan agreements, security documents, contractual comfort documents; conditions compliance and ancillary documentation (for example escrow agreements, trust and retention account agreements, inter-creditor agreements etc.). It also provides a review and diligence from a lenders’ perspective on project documents.
4. Regulatory -
ANP provides regulatory advice in relation to issues under the Foreign Exchange Management Act, 1999 and its ancillary regulations, attending to the consequential statutory hearings. It advises clients on established as well as emerging products in a dynamic legal and regulatory environment. It advises banks and financial institutions on regulatory mandates, and assist on interfacing with the RBI.