King Stubb and Kasiva is a banking law firm in India, and has a dedicated team of experts who regularly assist various companies and individuals with their banking, corporate, and financing requirements under the following broad areas:
Approach at KSK
The area of banking and finance in India has been evolving at a rapid speed. This has been expedited further by advancements in technology and the global economic scenario. This has brought up the need for innovative thinking from lawyers. At KSK, the legal experts bring extensive experience that helps in unraveling the complexities of different transactions. We believe in blending conventional law practice with knowledge about technological advancements, to help the clients with their unique business issues. Our team has advised several public & private sector banks, domestic/offshore & multilateral financial institutions, NBFCs, equity funds, business advisors, etc. in structuring their transactions and providing cost-effective solutions.
Amidst a pool of regulations that govern the banking sector in India, the following are some of the most prominent ones: a) Banking Regulation Act, 1949, b) Reserve Bank of India Act, 1934, c) Foreign Exchange Management Act, 1999, d) Insolvency and Bankruptcy Code, 2016, e) Payment and Settlement Systems Act, 2007.
Prior to a business sale, private equity investment, bank loan funding, etc., due diligence is often undertaken. During this process, the company's financial, legal, and compliance elements are typically assessed and documented. Following are the essential steps in the process: a) Reviewing terms of engagement, b) Operational review, c) Financial due diligence, d) Reviewing taxation aspects, e) Reviewing the incorporation documents.
There can be numerous types of transactions, and the documents required for them vary accordingly. However, some essential documents are required in most of the due diligence involving companies. They are: a) Article of association, b) Memorandum of association, c) Certificate of incorporation, d) Shareholding pattern, e) Tax and financial statements, f) IP documents, g) employee records, h) Property documents, and i) Statutory registers.