India: Finance and Banking

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Supreme Court Clarifies Applicability Of SARFAESI Remedies For A Secured Creditor Who Acquires An NPA From A Non-notified NBFC
In Kotak Mahindra Bank Limited v Trupti Sanjay Mehta and Others, 2026 INSC 943 (Kotak Mahindra), the Hon’ble Supreme Court of India considered whether a bank as defined under Section 2(1)(c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) could invoke the provisions of the SARFAESI Act to recover a secured debt acquired from an entity which was not covered under the ambit of the SARFAESI Act at the time of disbursement of the loan.
India Finance
KC
Khaitan & Co LLP
Article
India’s Private Capital Opportunity Puts Structuring Expertise Centre Stage, IFLR
India's private capital market is attracting significant investor interest across manufacturing, digital infrastructure, energy, healthcare and private credit sectors. However, deploying capital effectively requires increasingly sophisticated structuring that addresses interconnected regulatory, financing, governance and exit considerations. Success demands coordination across multiple disciplines and collaboration between advisers with deep local knowledge and international cross-border experience.
India Finance
SR
McDermott Will & Schulte
Article
Issuing For Impact: A Framework For ESG Debt Securities In India
SEBI's new framework for ESG debt securities establishes comprehensive disclosure requirements, third-party verification standards, and alignment with international principles for green bonds, social bonds, sustainability bonds, and sustainability-linked bonds. How will these regulatory requirements reshape India's sustainable finance market and address concerns about greenwashing while mobilizing capital for climate and social development goals?
India Finance
AP
AZB & Partners
Article
Maharashtra Introduces A Dedicated Stamp Duty Regime For Bank And Financial Guarantees
The Maharashtra Stamp (Fourth Amendment) Act, 2026 introduces a new dedicated stamp duty framework for financial and bank guarantees in Schedule I of the Maharashtra Stamp Act, 1958. This amendment establishes differentiated duty rates based on guarantee value and type, addressing long-standing ambiguities in how such instruments were previously taxed under generic security bond provisions. The reform has significant implications for banks, NBFCs, and entities dealing with government contracts, though quest
India Finance
A
Acuity Law
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Related Country Guides

PF
Project Finance
AI
Alternative Investment Funds
SL
Secured Lending

Capital Adequacy/BASEL

Article
RBI Upper Layer NBFC Rules 2026, ₹1 Lakh Crore Threshold, Mandatory Listing And Compliance
The Reserve Bank of India’s Scale Based Regulation (“SBR”) framework has fundamentally changed the way India regulates its largest non-banking financial companies (“NBFCs”). What began in 2021 as a framework built around size, complexity, interconnectedness, and systemic importance has evolved into a substantially more predictable regime following the RBI’s June 2026 amendments.
India Commercial
KS
King, Stubb & Kasiva
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Debt Capital Markets

Article
Supreme Court Clarifies Applicability Of SARFAESI Remedies For A Secured Creditor Who Acquires An NPA From A Non-notified NBFC
In Kotak Mahindra Bank Limited v Trupti Sanjay Mehta and Others, 2026 INSC 943 (Kotak Mahindra), the Hon’ble Supreme Court of India considered whether a bank as defined under Section 2(1)(c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) could invoke the provisions of the SARFAESI Act to recover a secured debt acquired from an entity which was not covered under the ambit of the SARFAESI Act at the time of disbursement of the loan.
India Finance
KC
Khaitan & Co LLP
Article
Issuing For Impact: A Framework For ESG Debt Securities In India
SEBI's new framework for ESG debt securities establishes comprehensive disclosure requirements, third-party verification standards, and alignment with international principles for green bonds, social bonds, sustainability bonds, and sustainability-linked bonds. How will these regulatory requirements reshape India's sustainable finance market and address concerns about greenwashing while mobilizing capital for climate and social development goals?
India Finance
AP
AZB & Partners
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Charges, Mortgages, Indemnities

Article
Closing The Interim Stay Trap: How The 2026 IBC Amendment Has Rebalanced Personal Guarantor Risk
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.
India Insolvency
AA
Agama Law Associates
Article
Buy-Backs: Changed Rules
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.
India Finance
A
Acuity Law
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Financial Services

Article
Supreme Court Clarifies Applicability Of SARFAESI Remedies For A Secured Creditor Who Acquires An NPA From A Non-notified NBFC
In Kotak Mahindra Bank Limited v Trupti Sanjay Mehta and Others, 2026 INSC 943 (Kotak Mahindra), the Hon’ble Supreme Court of India considered whether a bank as defined under Section 2(1)(c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) could invoke the provisions of the SARFAESI Act to recover a secured debt acquired from an entity which was not covered under the ambit of the SARFAESI Act at the time of disbursement of the loan.
India Finance
KC
Khaitan & Co LLP
Article
Classification Of Corporate Guarantees As Financial Debt Under The Insolvency And Bankruptcy Code
A May 2026 ruling has clarified that corporate guarantees backed by security qualify as 'financial debt' under Section 5(8) of the Insolvency and Bankruptcy Code. This article analyses the legal reasoning, its implications for resolution applicants, financial creditors, and corporate groups, and the broader impact on insolvency restructuring and credit markets in India.
India Insolvency
Ka
Khurana and Khurana
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Latest Videos

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