India: Charges, Mortgages, Indemnities

The 2026 IBC amendments have fundamentally altered the dynamics of personal guarantor insolvency proceedings by eliminating automatic interim stays. What was once a powerful tool for promoters to halt recovery actions through a simple filing now requires substantive judicial scrutiny, shifting the balance of power back toward creditors and forcing lenders to reassess their enforcement strategies across multiple forums.

SEBI has restored the open market buy-back route through stock exchanges effective August 1, 2026, after suspending it in April 2025. The amendment introduces significant changes including a fixed 66-working-day execution window, ISIN-level freeze on promoter shareholding, mandatory minimum public shareholding compliance, and makes merchant banker appointment discretionary while reallocating their functions among company officers and auditors.

In July 2026, reports emerged that the Reserve Bank of India (RBI) is set to introduce standardised guidelines for property title searches that banks must perform before approving secured loans. The proposed framework is expected to specify a minimum period for title searches, identify essential documents and records to be verified, and outline uniform standards for preparing title search reports. If implemented, it will be the first time India’s banking regulator applies a uniform minimum standard for title due diligence across all scheduled commercial banks.

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The Mutual Funds Regulations 2026 of SEBI together with the new expense ratio framework will establish new methods for Indian mutual funds to charge investors and disclose their expenses...

Over the past decade, lending relationships between the United Arab Emirates and India have deepened significantly. Indian nationals form one of the largest expatriate communities in the UAE. Indian-owned SMEs, family businesses, and cross-border trading entities routinely access UAE banking facilities.

Recovery statutes and general civil jurisdiction continues to generate significant judicial debate, particularly in the context of the Securitisation and Reconstruction of Financial Assets...

In a significant ruling, the Madras High Court, comprising of the Hon'ble Dr. Justice Anita Sumanth and the Hon'ble Mr. Justice G. Arul Murugan, held that the provisions of Section 26E of the Securitisation...

The Supreme Court of India ("Supreme Court") in its recent judgement in The Cosmos Co. Operative Bank ltd vs. Central Bank of India and Ors, has held that ...