LexNovaLegal Associates
Banking & Finance
Facility documentation, security creation, lender due diligence and enforcement advice.
Lending disputes are almost always documentation disputes. Whether you are the borrower negotiating covenants or the lender perfecting security, the value of a facility is decided by the paperwork executed before disbursement.
LexNova advises banks, NBFCs, corporate borrowers and promoters on facility agreements, security packages, guarantees and the regulatory overlay — including charge registration, FEMA implications for external commercial borrowings, and enforcement when a facility turns non-performing.
What this service covers
Facility documentation, security creation, lender due diligence and enforcement advice.
Security that is actually perfected
Charge creation, ROC filings and registration timelines managed so security is not defeated on a technicality.
Covenants read commercially
Borrowers get a plain summary of what the covenants will require every quarter.
Enforcement-ready files
Documentation prepared so that, if enforcement comes, the record supports it.
Frequently asked questions
- Do you act for lenders and borrowers?
- Yes, on separate matters and with conflict checks run before engagement.
- Can you advise on foreign-currency borrowing?
- Yes — external commercial borrowings raise FEMA, end-use and reporting requirements which we cover alongside the facility documentation.
- Do you act for lenders as well as borrowers?
- Yes, on both sides — facility documentation, security creation and perfection, condition-precedent management, and enforcement or restructuring when a facility goes into stress.
- What security can be created over Indian assets?
- Mortgages over immovable property, hypothecation over movables and receivables, pledges of shares, and corporate and personal guarantees. Charges must be registered with the Registrar of Companies within the statutory period or they become unenforceable against a liquidator.
- Can a foreign lender lend to an Indian company?
- Yes, through the external commercial borrowing framework, subject to eligibility, end-use restrictions, all-in-cost ceilings and RBI reporting. We advise on structuring and on the filings that keep the facility compliant.
- What happens when a borrower defaults?
- Options include restructuring, SARFAESI enforcement for secured creditors, DRT proceedings, insolvency, or negotiated settlement. We compare recovery value and timeline across these before a route is chosen.
Part of our Corporate & Commercial Law practice group. View all practice areas.
Based in Tamil Nadu? See how we run this work as a corporate law firm in Chennai.
Need advice on banking & finance?
Share the documents and the deadline you are working to. We will confirm the approach, the people handling it and the cost before starting.