India: Securitization & Structured Finance

The Calcutta High Court's ruling in Jainco Projects (India) Limited v. UCO Bank examines critical procedural questions surrounding SARFAESI appeals, specifically addressing the requirements for pre-deposit when One Time Settlement orders are involved. This decision has significant implications for borrowers challenging debt recovery actions and banks enforcing security interests under the SARFAESI Act.

Municipal bonds in India represent a critical financing mechanism for urban infrastructure, yet the market remains underdeveloped compared to corporate debt. This comprehensive legal guide examines the regulatory framework governing municipal bond issuance under SEBI's ILMDS Rules, exploring eligibility requirements, credit enhancement mechanisms, tax treatment, and the unique challenges facing both domestic and foreign investors in this emerging asset class.

The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was enacted with the laudable objective of enabling banks and financial institutions to recover their dues...

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

On April 09, 2025, the Reserve Bank of India ("RBI") has issued its ‘Statement on Developmental and Regulatory Policies' in which it has issued the draft of the Reserve Bank of India...

The Hon'ble Supreme Court of India ("the Hon'ble SC/Hon'ble Court"), while placing reliance on the Henderson Doctrine, has recently clarified...

As the legal framework for curtailing and controlling mounting Non-Performing Assets ("NPA") started becoming inadequate, there was a spike in the number of the slow recovery of defaulting loans by the Financial Institutions.

The insolvency process can be triggered either by a Personal Guarantor itself or by any creditor.

This article summarizes the impact of the FSP Third Party Assets Notification on securitisation or direct assignment transactions where an assignor acts as servicer or collection agent for assigned receivables.