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Banking and Insurance law

Providing expert guidance and representation in banking and insurance law matters, ensuring compliance.

CORPORATE STRUCTURING

Structuring of Debt Assignment

The debtor must be notified when a debt is assigned to a third party so that they know who to make payments to and where to send them. If the debtor sends payments to the old creditor after the debt has been assigned, it is likely that the payments will not be accepted.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to structuring of debt assignment which shall be but not limited to,

  • Assistance in Debt collection, Bad debt resolutions, Vintage and skip collections, Matured portfolio, Legal services, Legal recoveries.

Loan syndication, debt restructuring and rescheduling

Loan syndication is the process of multiple lenders coming together to fund a large loan requirement of a single borrower. This process is required when the loan amount is so large that a single lender cannot extend it.

Debt restructuring is a process in which a borrower restructures their existing debt obligations with the aim of improving their financial situation. This can involve negotiating new payment terms, lowering interest rates, or even forgiving a portion of the debt.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to structuring of debt assignment which shall be but not limited to,

  • Assistance in loan syndication to clients in raising debt within the areas of Project Finance, Capital Expenditure for Green- field/Brown-field Expansion, Credit documentation review, Acquisition Finance and Cross-Border projects funding. Our expertise includes raising Debt Financing both in Domestic and International markets, with cross-border experience.
  • Assistance to borrowers in navigating this complex process. These services may include debt counselling, negotiation with creditors, and the development of a debt management plan. The ultimate goal is to help borrowers find a solution that allows them to meet their debt obligations while also addressing the underlying financial issues that led to the need for restructuring in the first place.

Negotiation and documentation for letters of credits and bank guarantee

A letter of credit or LC is a written document issued by the importer’s bank (opening bank) on importer’s behalf. Through its issuance, the exporter is assured that the issuing bank will make a payment to the exporter for the international trade conducted between both the parties. The importer is the applicant of the LC, while the exporter is the beneficiary.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to letter of credit which shall be but not limited to, as follows:

  • Checking drafts of the Letter of Credit and providing feedback on terms to ensure the Letter of Credit is workable before it is issued;
  • Liaising with banks and customers to arrange amendments to Letters of Credit that have already been issued;
  • Preparing compliant documents for presentation against the Letter of Credit. This may involve producing the documents ourselves, liaising directly with Freight forwarders or arranging attestations or legalisations on your behalf.
  • Providing a checking service to ensure compliance with the Letter of Credit terms before documents are submitted, if you prefer to produce the documents yourself.

LEGAL PROCEEDINGS

Advisory and litigation services to bank and financial institutions on loan recovery and dispute settlement.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to Advisory and litigation services to bank and financial institutions on loan recovery and dispute settlement which shall be but not limited to, as follows:

  • Assistance in recovery of debts, securitization, securities, derivatives, insolvency, contractual documentation and other banking and financial services matters.
  • Assistance in dispute advisory services across a range of business areas, including economics, intellectual property, pensions and actuarial, information technology, insurance, project finance, travel and tourism, restructuring, energy, mining and retail banking.
  • Our team has significant experience of giving specialist evidence and acting as witnesses in litigation and arbitration proceedings. We also have experience acting as arbitrators and as the independent specialists in accounting disputes.

Litigation before DRT, DRAT, and under Securitization

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to litigation before DRT, DRAT, and under securitization which shall be but not limited to, as follows:

  • Assistance in Debt Recovery Tribunals (DRT), Debt Recovery Appellate Tribunal (DRAT).
  • In diverse matters including banking, loan, guarantee, indemnity, recovery, reduction of interest, mortgages, NPA settlements, revivals, debt restructuring,
  • Related proceedings under the Securitization and Reconstruction of Financial Interest and Enforcement of Security Interest Act, 2002 (SARFAESI),
  • Recovery of Debt Due to Banks and Financial Institutions Act.

Dealing with RBI and Authorized Dealer (A.D.) for various FEMA related issues

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to Dealing with RBI and Authorized Dealer (A.D.) for various FEMA related issues which shall be but not limited to, as follows:

  • Interpretation of FEMA Rules, Regulations, Master Circulars and other allied acts.
  • Application of FEMA rules and regulations to Residents, PIOs, NRIs and NRs for transaction and compliances related to:
  • Residential status;
  • Banking and remittances
  • Gifts from and to outside India
  • Repatriation strategies and Direct investment outside India (ODI)
  • Advisory on assistance in choosing the best mode of infusing debt funds in terms of External commercial borrowing (ECB)
  • Foreign Direct Investment (FDI) Planning for Entry and Exit (Repatriation) Route and Determining FDI Limits

Arranging funds from international funding institutions and resources

International financial institutions play a central role in helping to fund activities in developing countries that support sustainable, climate resilient, and low-carbon development. By analysing their investment portfolios and identifying opportunities for change, we help enable these institutions to shift their investments toward sustainable and climate compatible development.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to arranging funds from international funding institutions and resources which shall be but not limited to, as follows:

  • Legal advisory services, drafting and reviewing contracts, due diligence, regulatory compliance, risk analysis, structural transactions. We ensure you to give the best outcomes.

Investigations and legal scrutiny reports regarding titles of properties and fair market valuation for loan against property / mortgages

Legal Scrutiny Report is an account of immovable property (Which may be offered as collateral security or on which charge or mortgage sought to be created) prepared by the designated Advocate of the Bank, Howsoever Certain Banks permits this account to be prepared by any advocate of the client’s choice. In this Report Advocate while investigating the documents relating to the property gives his opinion on different aspects.

Vaidat Legale Services (VLS), is fully equipped in providing legal services relating to investigations and legal scrutiny reports regarding titles of properties and fair market valuation for loan against property / mortgages which shall be but not limited to, as follows:

  • Assistance in legal verification of property
  • Assistance in market valuation for property loan or mortgages
  • Assistance in approvals from banks

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