BANKING & Finance

MVKini is a leading advisor to India's banks (both in public & private sectors, as also foreign banks operating in India) and financial institutions, whether they operate in domestic or international markets. The Firm offers services, ranging from regulatory compliance to strategic legal advice, tailored to the varied needs of national and multinational banks and financial institutions.

With nearly 40 years at the forefront of general banking and finance in India, the Firm has responded to the needs of a rapidly growing economy by developing special skills in project finance and external commercial borrowings.

The banking and finance practice lead is the Firm's Managing Partner, Ravi Kini. A highly skilled team of Partners supports him.


General Banking and Finance
MVKini's pan-India banking team advises and assists in preparation / vetting of documentation relating to the facility agreements, loan agreements, portfolio sales of private and multinational banks, securities, mortgages, liens, corporate, commercial, and consumer loans, bonds, guarantees, SBLCs and financial derivatives. It also assists international banks with the incorporation and registration of branches in India.

Key transactions
Highlights of MVKini’s experience includes:

Served as legal counsel to Branches of many Indian Banks in London, Dubai, Hong Kong & other foreign countries with regard to:

Drafting and Vetting of facility and security documents for Foreign Currency Term Loans/Working Capital including the Undertakings, Personal & Corporate Guarantees, creation of charge on assets to be provided by the Indian parent companies for their foreign wholly-owned subsidiaries involving provisions of FEMA and RBI guidelines on JV/WOS abroad.

Examining the legality and enforcement of various documents, reports and returns to be submitted to various regulatory authorities from Indian law perspective by the borrowers & lenders and ensuring compliance with requisite provisions of Law.

Drafting and vetting of Facility Agreement for Foreign Currency Term Loans/Working Capital by foreign lenders including for a 27-bank Consortium of Banks and many other Banks for credit facilities (ranging from US$130 million (Rs.700 crores) to US$1.6 billion (Rs. 8,654 crores) to companies in various sectors including Finance and Aviation.

Project Finance
The project finance team advises both Indian and international banks and financial institutions, especially in the infrastructure sector. The team assists, advises, drafts and vets Transaction/Financing Documents including loan agreements, security trustee agreements, inter-creditor agreements, deeds of guarantee, mortgage deeds, hypothecation deeds, deeds of pledge, assignment deeds, trust and retention account agreements, escrow agreements, and other related documents.

Key transactions
Advised on project financing of more than 30 National Highways projects on PPP and DBFOT basis.

Drafted / vetted term loan documents for various Banks/ Consortium of Banks/ Financial Institutions for credit facilities to companies in varied infrastructure projects including Highways and Power sectors (ranging from Rs.163 crores (US$30 million) to Rs. 4,460 crores (US$826 million).

External Commercial Borrowings
External Commercial Borrowings (''ECB'') is a leading practice area. MVKini has grown capability particularly during the last decade to support the Indian companies seeking access to foreign capital. As lenders' legal counsel of various Banks and Financial Institutions including Indian Banks having branches abroad, the Firm co-ordinates actively both with lenders and borrowers to ensure compliance with legal requirements and protection of the lenders' interests and assists with documentation relating to the creation and perfection of securities and reporting requirements.

Key transactions
Drafted / vetted term loan documents for various Banks/ Consortium of Banks/ Financial Institutions for credit facilities to companies in varied infrastructure projects including Highways and Power sectors (ranging from Rs.163 crores (US$30 million) to Rs. 4,460 crores (US$826 million).

Vetting / drafting of Facility Documents including security documents like mortgage related documents, deed of hypothecation, charge on movable & immovable properties, assignment of intangible assets, project contracts, book debts, declarations, security trustee agreements.

\Rendering legal opinion on enforceability of the security documents from Indian law perspective including FEMA Regulations, RBI Guidelines and other applicable laws like Companies Act, Indian Stamp Act and Registration Act.


Key People
M.V. Kini, Ravi Kini, IPS Oberoi and Raj Rani Bhalla.






M. V. Kini
Founder

M.V. Kini's desire to build something of his own and his passion for law inspired him to turn his back on a promising career in banking and turn to criminal law. Started out of one office with four employees in Mumbai back in 1978, MVKini has now grown its operational base to 16 locations around India with more than 150 employees.

The Firm's portfolio has grown and diversified over the years and now includes practitioners in corporate, banking, finance, environmental, consumer finance, infrastructure, customs and international business taxation law. This growth is fuelled by M.V. Kini's ability to always see the bigger picture and stay ahead of the curve - recognising up and coming sectors in the Indian market and providing legal assistance to industry pioneers. Whether it is aviation, infrastructure or, more recently, banking and environmental law, the Firm's success has hinged on this key ability.

M.V. Kini is on the panel of lawyers representing the Airports Authority of India (AAI) and has personally represented AAI in several landmark cases. From coming up with innovative solutions to end a standoff between the AAI and the Mumbai municipality, effectively resolving the issue of the unionisation of the air-traffic control department to ending the aviation company's pilot strike, M.V. Kini is widely recognised as one of the foremost experts in aviation law in the country. M.V. Kini is also recognised as an expert in prosecuting white collar crimes. He has led several high profile prosecutions in fraud cases in banks, both nationalised and private, including against cover-ups of scams in the financial sector in general.

In recent years he has represented various international business interests in India, helping them navigate the often-daunting legal and infrastructural set up in the country.

Working with pan-India entities like the National Highways Authority of India has in part led to the Firm's expansion in operations throughout the country. MVKini now also represents more than 63 international and local banks and in excess of 100 public sector undertakings. Drawing on his background and interest in banking he is the author of two books on the Negotiable Instruments Act, 1881 and a separate practical guide for bankers dealing in consumer finance.

The Firm's expansion has been characterised by a streamlining of the corporate management with the appointment of professional business administrators to oversee operations, leaving lawyers to get on with advising clients. As India grows and finds its place in a rapidly shrinking world, M.V. Kini is driving the Firm's evolution. With the largest network of offices of any Indian law firm, MVKini provides a full service offering to its clients. ''Our goal is to provide complete legal cover for our clients' various needs. So that when they come in to our offices, they know their legal issues, no matter how diverse they may be, will be taken care of,'' said M.V. Kini. ''So the next five years will be very crucial to those growth plans.'”

Practice Areas
Corporate and Commercial
Banking & Finance
Litigation
Aviation
Project Finance in Infrastructure
Shipping and Maritime


Contact details
Mumbai office
mvkini@mvkini.com
+91 22 2261 2527


Ravi Kini
Managing attorney

Ravi is MVKini's Managing Attorney. Ravi holds an LL.M. in International Financial Laws from the University of Georgia, USA where he specialised in Derivatives Risk Framework.

Ravi is one of India's leading practitioners of law relating to national and state highways projects. He is also renowned for his work in the aviation, government affairs, and banking sectors.

Ravi advises NHAI and state authorities on highways and related projects. He advises on international competitive bidding in Public Private Partnerships (PPP). He has a wealth of experience advising the Indian government on bid processes, and drafts and vets tender documents and contracts. He is skilled in incorporating Special Purpose Vehicles and executing concession agreements and contracts for selected bidders.

His expert knowledge comes from advising on a wide range of projects executed/funded in this way. They include the development of a free trade and warehousing zone, the creation of industrial training and skills development centres, the building of rail-related manufacturing facilities as well as ports terminals, IT parks and other urban transport projects.

Ravi's public-sector experience gives him a unique understanding of how government functions. Ravi leads a team that effectively mediates industry concerns to the relevant government body to swiftly arrive at constructive outcomes.

His significant experience in the aviation sector has led him to advise on ground-handling issues across a number of airports. Ravi's experience extends to advising bodies, such as IATA, on Competition Law issues. His extensive experience includes advising India's national carrier. He negotiated and drafted the contracts for the leading aviation company's purchase of 68 commercial aircrafts from Boeing, in a US$7 billion deal. He also assisted in the formation of its low-cost subsidiary, Air India Express. He regularly drafts and vets aircraft leasing agreements.

Ravi leads a team that supports Indian companies seeking access to foreign capital through external commercial borrowings (ECB). The team regularly interprets RBI circulars and is able get swift clarification from the regulator as required. He and his team act as the lender's legal counsel, participating in negotiations with borrowers ensuring compliance of banking law and practise. Keeping the lenders' interests at the fore, they assist with securities' creation and perfection of charge documentation. Ravi was named as leading lawyer in the aviation sector in 'Who's Who Legal' (Aviation, 2010) and listed in the 'Leading LAWYER 100' 2011 Annual Guide, which recognizes members of the legal community who have stood out among their peers by demonstrating professional achievement and excellence in their area of practice. He was also recognised as a key commercial lawyer in the International Who's Who Legal (Commercial Litigation, 2009).

Practice Areas
Aviation
Project Finance
Banking & Finance
Corporate & Commercial
Government Affairs
Power & Energy
Shipping and Maritime


Contact details
Delhi office
ravikini@mvkini.com
(91) 11 2437 1038/1039/1040


IPS OBEROI
Senior Advisor

Drawing on 38 years ' experience gained from working as a general manager in a large public sector bank, Oberoi has expert knowledge of bank lending, international banking, foreign exchange, corporate debt restructuring, debt recovery and rehabilitation of distressed assets.

As part of MVKini's litigation team' his blend of commercial banking and legal experience means he provides quick and effective solutions to complex financial' legal and real-estate related issues.




Practice Areas
Banking & Finance
Project Finance in Infrastructure


Contact details
Delhi office
ipsoberoi@mvkini.com
+91 11 2437 1038 /1039/1040


T.R. Srinivasa Rao
Senior Advisor

Srinivasa, a senior advisor at MVKini, is a retired bank executive with close to four decades experience in bank management, legal and recovery functions. He brings a wealth of banking and finance experience to the job. For the past thrre years he has been instrumental as part of the team responsible for Indian Bank’s turnaround. He is currently a member of MVKini project finance team apart from representing the firm’s banking clients before several tribunals, forums and courts.

Srinivasa is an expert in consortium loans and syndication of loans. He drafts documents relating to bank, consortium and syndicated loans for infrastructure projects. He previously served as a member of the Legal Committee of Indian Banks’ Association.

Practice Areas
Banking & Finance
Project Finance in Infrastructure


Contact details
Bengaluru office
srinivasrao@mvkini.com
+91 804 152 3551


RAJ RANI BHALLA
Partner

Raj is with MV Kini’sDelhi office with over 32 years’ experience in major practice areas of Banking and Finance. Raj has got her LLB and LL.M degree from Campus Law Centre, Delhi University. She has served Punjab National Bank as Law Officer from 1987 to 1996 and she was with SEBI as Division Chief (Legal) from 1996 to 2006. Post SEBI, she co-founded Zenith India Lawyers with an US Attorney.

She has vast experience in takeovers, mergers and acquisitions, reverse mergers, private equity, debt issues, IPOs on Main Boards as well as SME segments of BSE and NSE, rights issues and secondary issues (including private placements and open offers), registration of intermediaries including Portfolio Managers, FIIs and Mutual Funds with SEBI. She is also monitoring mergers, demergers and amalgamations of companies through NCLT route.

Practice Areas
Banking and Finance
Capital Market
Corporate and Commercial
Power and Energy


Contact details
Delhi Office
raj@mvkini.com
(91)11 2437 1038/1039/1040