Advanced Banking and Finance Law

P R O G R A M M E O U T L I N E

Unit 1: Foreign Exchange Regulatory Laws

• Study the legal and regulatory framework of foreign exchange laws that affect banking operations and lending transactions;

• Understand the broad structure of the Foreign Exchange Management Act, 1999; and

• Learn about regulations introduced by the Reserve Bank of India (“RBI”) relating to inbound and outbound foreign exchange transactions.

Unit 2: Debt Recovery

• Understand various options available to banks to recover the debts due to them when borrowers fail to repay their debts.

• Learn about when debt recovery tribunals are set up and learn about the legal framework governing them.

• Study the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002.

Unit 3: Dispute Resolution

• Understand the avenues of dispute resolution available to banks and their customers.

• Study the roles of consumer courts and the banking ombudsman;

• Examine the applicability of alternative means of dispute resolution, such as arbitration.

Unit 4: Preparing Documents for Corporate Loans

• Understand how documents are drafted for a typical corporate term loan.

• Explore the different kinds of documents that are involved in a typical corporate term loan.

Unit 5: Drafting the Loan Agreement - I

• Learn the essential principles to draft an effective loan agreement.

• Examine closely the components of a facility agreement that relate to the introduction, interpretation, and the operation of the loan.

Unit 6: Drafting the Loan Agreement - II

• Study in detail the sections on terms and conditions—typically the most heavily negotiated part of the agreement.

• Examine the various boilerplate clauses used commonly in loan agreements.

Unit 7: Understanding Stamp Duty Implications

• Understand the statutory framework governing stamping of documents.

• Learn the significance of stamping documents correctly and how this impacts loan transactions.

Unit 8: Understanding Non-Banking Financial Companies

• Identify the various kinds of entities that are considered to be Non-Banking Financial Companies (“NBFCs”).

• Study the provisions regulating the management and operation of NBFCs.

Unit 9: Understanding Relevant Provisions of the Companies Act, 2013

• Examine the effect of Companies Act, 2013 on the banking and finance industry.

• Identify and study the provisions that directly impact on banking transactions.