Entries by Staff

The Detachment Dilemma: Cooling-off period for 2 term Independent Directors

Avinash Shetty, Manager l corplaw@vinodkothari.com Table of contents Introduction Role of IDs Appointment and Tenure Cooling Off period Conclusion Introduction  The year 2024 will witness one of the first and biggest board transitions when it comes to Independent Directors (“IDs”) serving for a decade in the Indian public companies, either listed or unlisted. This is […]

Trade Receivables Financing: Tale of 3 Modalities

Dayita Kanodia | Finserv@vinodkothari.com Trade receivables form an important part of working capital, and given the increasing trend toward the provision of buyers’ credit, occupying an ever-increasing part thereof. Traditionally, it is funded by usual modes of working capital funding. However, businesses have been searching for alternative modes of receivables financing. 

Recovery of debt by HFCs and initiation of SARFAESI action in case of a decided civil suit: Two significant rulings by High Courts

-Shrestha Banerjee & Archisman Bhattacharjee I finserv@vinodkothari.com Introduction The High Courts of Madhya Pradesh and Kerala recently rendered two judgments delving into crucial legal inquiries surrounding the recoverability and enforcement of security interests in instances of borrower default via initiation of SARFAESI proceedings by financial institutions. The Madhya Pradesh High Court’s ruling specifically addresses the […]

Interest Imbalance: Will the disproportionate interest Split in Loan Transfers be liable to withholding tax?

ITAT Ruling Clarifies Taxation on Disproportionate Interest share in Loan Transfers – Dayita Kanodia | Finserv@vinodkothari.com Direct Assignment of a loan or transfer of loan exposures refers to the process where financial institutions, such as banks, purchase a pool of loans or assets from other entities, typically NBFCs, without the involvement of a third-party intermediary. […]

Capital Treatment, Loan Loss Provisioning and Accounting for Default Loss Guarantees

Vinod Kothari (finserv@vinodkothari.com) The FinTech sector is booming and is a market disruptor as well as facilitator, based on the report published by Inc42, the estimated market opportunity in India fintech is around $2.1 Tn+ and currently there are 23 FinTech “unicorns” with combined valuation of $74 Bn+ and 34 FinTech “soonicorns” with combined valuation […]

Risk Management Function of NBFCs – A Need to Integrate Operational Risk Management & Resilience 

An examination of the RBI Guidance Note on Operational Risk Management and Resilience Subhojit Shome & Archisman Bhattacharjee | finserv@vinodkothari.com Related articles – 12th Securitisation Summit The who’s who of structured finance is joining the 12th edition of our flagship event, the Securitisation Summit on May 15, 2024, in Mumbai. Be shoulder-to-shoulder with leading originators, investors, lawyers, […]

The Promise of Predictability: Regulation and Taxation of Future Flow Securitization

Dayita Kanodia | Executive | finserv@vinodkothari.com The most reliable way to predict the future is to create it – Abraham Lincoln Surely, Lincoln did not have either  securitisation  or predictability in mind when he wrote this motivational piece; however, there is an interesting and creative use of securitisation methodology, to raise funding based on cashflows […]