Banking & BFSI
Specialist counsel for banks, NBFCs and ARC clients.
What this engagement covers
Banking & BFSI, End-to-End.
Loan documentation, security creation and perfection, syndicated facilities and recovery work for banks, NBFCs and asset reconstruction companies.
Our process
From First Call to Final Order
Confidential Intake
30-min discovery call on phone or Zoom. We confirm scope, urgency and fee on the same call.
Diligence & Strategy
Document review, record retrieval and a written strategy note — including timeline, risks and milestones.
Documentation & Filing
Drafting, apostille, Power of Attorney, registration and filing handled end-to-end by a named matter lead.
Representation
Court, tribunal, registrar or counterparty representation — with weekly written updates across time-zones.
Closure & Handover
Final order, registered deed or settlement, plus a sealed matter file and post-closure compliance calendar.
Why IndusGuard
Built for Matters That Cross Borders
One named matter lead
No call-centre, no hand-offs. A senior advocate owns your file end-to-end.
NRI desks across 8 countries
Overlapping US, UK, Gulf and APAC hours — apostille and POA built into every workflow.
Weekly written updates
Plain-language progress notes, secure document portal and milestone-based fees.
Pan-India bar coverage
Empanelled counsel across High Courts, NCLT, DRT and the Supreme Court of India.
Where we serve
A Global NRI Desk, Anchored in India.
We act for clients across 8+ countries and represent matters in every major Indian jurisdiction — High Courts, NCLT, DRT and the Supreme Court.
- United States
- Canada
- United Kingdom
- UAE
- Australia
- Singapore
- Germany
- Saudi Arabia
- Kolkata
- Mumbai
- Delhi NCR
- Bengaluru
- Chennai
- Hyderabad
- Pune
- Pan-India
Common questions
Before You Call
What legal documentation is required for a loan transaction in India?+
A standard Indian loan transaction requires: a facility agreement specifying terms and conditions, a deed of hypothecation for movable assets, a mortgage deed for immovable property security, personal or corporate guarantees, a demand promissory note, and post-dated cheques or NACH mandate. CERSAI registration of the security interest is mandatory for secured lending.
What is CERSAI and why is CERSAI registration important?+
CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest of India) is the central registry where security interests over assets must be registered. Failure to register within 30 days of creation gives the security interest lower priority against a subsequent registered charge. CERSAI registration is mandatory for mortgages, hypothecation, and assignment of receivables.
How do Indian banks enforce security when a borrower defaults under SARFAESI?+
Under SARFAESI 2002, a secured creditor can issue a demand notice giving the borrower 60 days to repay. If the borrower fails to repay, the creditor can take possession of the secured asset (physical or symbolic), manage the asset, and sell it by public auction — all without a court order. The borrower can file an application before the DRT within 45 days of the possession notice to challenge enforcement.
What is the RBI's regulatory framework for NBFCs in India?+
NBFCs (Non-Banking Financial Companies) are regulated by the RBI under the RBI Act 1934 and various Master Directions. Key compliance requirements include minimum net owned fund, scale-based regulation tiers (Base, Middle, Upper, Top Layer), KYC and AML compliance, fair practices code, and periodic supervisory reporting. Foreign-owned NBFCs require RBI approval for establishment and are subject to FDI sectoral limits.
Can a foreign bank or NBFC enforce a loan against an Indian borrower through DRT?+
Yes. Foreign banks operating through India branches and foreign NBFCs with appropriate RBI approvals can enforce loans against Indian borrowers through the DRT under the Recovery of Debts and Bankruptcy Act 1993. For debt amounts above Rs. 20 lakh, the DRT is the appropriate forum.
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