Banking & Finance
Krishan Kumar and Associates is a leading advisor to India’s banks (both in public & private sectors, as also foreign banks operating in India) and financial institutions, whether they operate in domestic or international markets. The Firm offers services, ranging from regulatory compliance to strategic legal advice, tailored to the varied needs of national and multinational banks and financial institutions.
With nearly 27 years at the forefront of general banking and finance in India, the Firm has responded to the needs of a rapidly growing economy by developing special skills in project finance and external commercial borrowings.
The banking and finance practice lead is the Firm’s Managing Partner, Mr. Krishan Kumar. A highly skilled team of Partners and associates supports him.
General Banking and Finance
Krishan Kumar and Associates is pan-India banking team advises and assists in preparation / vetting of documentation relating to the facility agreements, loan agreements, portfolio sales of private and multinational banks, securities, mortgages, liens, corporate, commercial, and consumer loans, bonds, guarantees, SBLCs and financial derivatives. It also assists international banks with the incorporation and registration of branches in India.
Key transactions
Highlights of Krishan Kumar and Associate’s experience includes:
Served as legal counsel to Branches of many Public Sector Undertaking-Indian Banks:
Drafting and Vetting of facility and security documents for Foreign Currency Term Loans/Working Capital including the Undertakings, Personal & Corporate Guarantees, creation of charge on assets to be provided by the Indian parent companies for their foreign wholly-owned subsidiaries involving provisions of FEMA and RBI guidelines.
Examining the legality and enforcement of various documents, reports and returns to be submitted to various regulatory authorities from Indian law perspective by the borrowers & lenders and ensuring compliance with requisite provisions of Law.
Drafting and vetting of Facility Agreement for Foreign Currency Term Loans/Working Capital by foreign lenders including for a Consortium of Banks and many other Banks for credit facilities to companies in various sectors including Finance and Aviation.
Project Finance
The project finance team advises both Indian and international banks and financial institutions, especially in the infrastructure sector. The team assists, advises, drafts and vets Transaction/Financing Documents including loan agreements, security trustee agreements, inter-creditor agreements, deeds of guarantee, mortgage deeds, hypothecation deeds, deeds of pledge, assignment deeds, trust and retention account agreements, escrow agreements, and other related documents.
Key transactions
Drafted / vetted term loan documents for various Banks/ Consortium of Banks/ Financial Institutions for credit facilities to companies in varied infrastructure projects including Highways.
External Commercial Borrowings
External Commercial Borrowings (”ECB”) is a leading practice area. Krishan Kumar and Associates has grown capability particularly during the last decade to support the Indian companies seeking access to foreign capital. As lenders’ legal counsel of various Banks and Financial Institutions including Indian Banks having branches abroad, the Firm co-ordinates actively both with lenders and borrowers to ensure compliance with legal requirements and protection of the lenders’ interests and assists with documentation relating to the creation and perfection of securities and reporting requirements.
Key transactions
Drafted / vetted term loan documents for various Banks/ Consortium of Banks/ Financial Institutions for credit facilities to companies in varied infrastructure projects including Highways
Vetting / drafting of Facility Documents including security documents like mortgage related documents, deed of hypothecation, charge on movable & immovable properties, assignment of intangible assets, project contracts, book debts, declarations, security trustee agreements.
Rendering legal opinion on enforceability of the security documents from Indian law perspective including FEMA Regulations, RBI Guidelines and other applicable laws like Companies Act, Indian Stamp Act and Registration Act.
Key People
Krishan Kumar, Atul Sheopuri, and Nitin Pal