Financial Regulatory
Our deep knowledge and comprehensive understanding of financial norms and regulations helps clients navigate the regulatory environment with ease.
Against the backdrop of a complex and evolving regulatory environment, this practice area offers customised advice on financial services regulated by various regulators, including SEBI, the RBI, the IRDA and the PFRDA. The team of regulatory law experts has done extensive advisory and enforcement work in contentious and non-contentious areas.
The lawyers have deep knowledge and understanding of the regulations, enabling them to provide objective advice that helps clients evaluate risks and opportunity costs. As most of the matters are reputationally sensitive, our in-depth sector proficiency is valued by our clients, which include listed companies, promoters, directors, HNIs, and Indian and foreign financial institutions. We regularly collaborate with financial regulatory and enforcement lawyers from other jurisdictions as well.
The team advises across the life-cycle of a business of a financial services entity, from establishment and obtaining a license, up to regulatory litigation, governance issues or restructuring/exits. Our experience helps us prepare clients for new regulations and market developments, so they can choose the best option to navigate through the changing environment.
Our integrated approach to financial regulation, which factors in the impact of other areas, ensures that our advice is comprehensive and strategically formulated, whether in advisory, disclosures/compliance or adversarial matters.
Financial Services Regulatory
The team has diverse areas of expertise spanning the following areas:
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Advisory, Compliance and Risk Advisory
Licensing and registrations, business expansion and structuring new product lines, ongoing compliance advisory, and innovation using financial technology. This also includes but is not limited to risk identification, internal controls, managing conflicts of interest, review of internal controls and processes, drafting and review of mandatory policies as well as governance structures. We also advise on derivatives, including laws applicable to clearing systems central counterparties, netting, ISDA documentation, domestic OTC as well as offshore derivatives.
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Corporate Governance and Board Advisory
Corporate governance for listed companies and regulated institutions, including representing companies, boards, independent board committees on regulatory inquiries and advising stakeholders such as private equity sponsors on governance concerns, advising on nominee director-company dynamics, board evaluations, executive compensation, and senior management liability, business conduct issues, shareholder engagement and stakeholder governance.
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Pre-Contentious, Disciplinary Proceedings and Investigations
Regulatory inquiries, regulatory inspections, and whistleblower complaints, investigations/summons from regulatory and governmental authorities, assistance with internal investigations in relation to regulatory non-compliance, risk management and mitigation, evaluating potential insider trading, front-running or other market conduct issues, compliance reviews, advising in disciplinary proceedings against employees for such violations.
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Regulatory Enforcement, Settlements and Dispute Resolution
Assisting in proceedings before SEBI (across Section 11B, adjudication and enquiry proceedings) and at the appellate stage before the Securities Appellate Tribunal and the Supreme Court of India. Dealing with the RBI, IRDA, PFRDA and FIU on regulatory show-cause notices and advising financial institutions on regulatory inquiries or settlement/compounding applications or investor complaints on alleged regulatory non-compliance, mis-selling, misuse of client assets, violation of market conduct laws, takeover, delisting and other public market regulations.
