Entries by Team Finserv

FAQs on Default Loss Guarantee in Digital Lending

An understanding of the Guidelines issued by RBI (Updated as on April 29, 2024) Team Finserv | finserv@vinodkothari.com On September 02, 2022, the RBI issued the “Guidelines on Digital Lending” (“DL Guidelines”), which had essentially put a bar on “Loss sharing/ structured default guarantee arrangements” such as First Loss Default Guarantees, likening their nature to […]

GoAir Insolvency: Lessors’ rights gone in thin air?

– Financial Services Division, finserv@vinodkothari.com A Special Bench of NCLT,  New Delhi admitted the insolvency of Go Airlines (India) Ltd, popularly known as GoAir, on the 10th May 2023. The insolvency was admitted on an application of the company itself, on the ground of a self-admitted default of Rs. 11.03 crores towards interest to financial […]

Practicing professionals as reporting entities under PMLA

Ministry of Finance notification notifies certain client transactions by CA, CS and CMAs for money laundering law – Team Finserv | finserv@vinodkothari.com Brief Background The Ministry of Finance vide notification dated May 03, 2023 (‘Notification’) has widened the ambit of the term “Reporting Entity” as defined in Section 2(1)(wa), read with sec. 2 (1)(sa) of […]

RBI Framework for Green Deposits

– Team Finserv | finserv@vinodkothari.com Climate change is clearly one of the most pertinent regulatory themes in recent times, as the move to sustainable business practices and energy efficient technologies need massive funding.  The availability of finance for move to sustainability has an important role to play in mitigating climate change. To this effect, RBI […]

Commercial Real Estate exposures: Lending risks and Regulatory focus

– Team Finserv | finserv@vinodkothari.com Background Lending backed by value or liquidity of certain types of assets is regarded as sensitive sector exposure and calls for a special focus of the lending institution from a risk management perspective. Regulators view it with attention, for reasons of the vulnerability of these exposures to cyclical price changes, […]

PML Act and Rules: Recent changes may have new compliance requirements

-Team Finserv | finserv@vinodkothari.com Background Financial sector entities have to follow PMLA and related rules, including by way of KYC Directions. The Finance Ministry came up with various amendments pertaining to the Prevention of Money-Laundering Act, 2002 (“PML Act”) and the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005 (‘PML Rules’). The amendments pertain to […]