Banking & Finance

Banking and Finance explore the dynamic, fast-paced world of money, shares, credit, and investments.

Finance is essential as it provides liquidity in terms of money or assets required for individuals and
businesses to invest/grow for the future. Financial Intermediaries such as banks and NBFCs are
the key players in these financial markets. Banking is also a global industry and other financial
institutions and investment houses across the world deal with money circulation, credit, investments,
financing, superannuation, and more. Finance is continuously changing, making it necessary to
know all laws and reforms relating to the same.

Our banking & finance practice offers keen insight and combines market-leading thought and
commercial experience in the form of practical and innovative solutions to financing and insurance
issues.
Given the range of clients and the broad spectrum of corporate commercial work that we handle, our
The banking and Finance segment has had unparalleled experience in all manner of corporate transactions.
involving international and domestic market leaders. We cater to the needs of banks and financial
institutions under the following construct:

• Conducting Title Searches for various banks about mortgages and/or Charges in
  respect of the property in question.
• Suits filed for recovery of loan amount and foreclosure of a mortgage.
• Summary Suits
• Attending matters in Debt Recovery Tribunal (DRT), Debt Recovery Appellate Tribunal
  (DRAT) and also matters pertaining to the SARFAESI Act, Insolvency, and Bankruptcy
  laws.
• Advising domestic and international financial companies, conducting arbitration,
  institutions, and banks including non-banking financial companies on securitization laws,
  restructuring, securities, asset finance, project finance, banking, and insolvency.
• Drafting of Policies as required by RBI.
• Drafting various banking and financial agreements.
• Demand Notice / Loan Recall Notice, Notice u/s 138 of the NI Act & Notice U/s 25 of
  PSS Act, Default Notice.
• E-T&C (click-wrap contract for loan).
• Assisting in providing the list of documents for enforceability of the loan agreements.
• Invoking Arbitrations for non-payment
• Filing section 7.9, 95 petitions in NCLT.

Financial Markets

Financial Markets or capital markets provide an avenue for the sale and purchase of assets such as
bonds, stocks, foreign exchanges, and derivatives; wherein, businesses and investors raise money to
grow their personal and commercial wealth.

IVM provides rigorous guidance on regulatory norms and compliances and understanding the legal
implications of transactions and structures crucial to financial transactions.

The financial markets industry is a forever-in-flux segment that functions by coming together many
intricate moving parts. We at IVM understand the various compliances required by the numerous
regulatory authorities and the complicated ongoing challenges therein.

In particular, we have assisted and advised our clients on a range of issues and compliances required
by the following authorities:

• Securities Exchange Board of India,
• National Stock Exchange,
• Bombay Stock Exchange,

We also offer advisory in terms of services such as:

• Drafting and Vetting of Legal documents, deeds, contracts and agreements, MoUs, and various
  other agreements in relation to the Financial Markets,
• Drafting of various policies and documents in compliance with SEBI Regulations
• Carrying out Due Diligence,
• Drafting of and Replying to Show Cause Notices,
• Advisory on SEBI compliances.

Real Estate

Governed by both central and state laws, Real estate laws in India include laws regarding buying,
selling, renting or dealing with all types of lands, buildings, houses, etc. and all easementry rights
attached to lands, buildings, houses etc. We help our clients understand the complexities around the
purchase and sale of land, and simplify the process of owning real estate.
In order to minimize risks and maximize the potential of our clients, our real estate services include:

• • Providing Title Search and Title Certificate,
  • Advising our clients while acquiring, disposing and/or exchanging properties,
  • Drafting and/or Vetting of various legal documents i.e., Agreement for Sale, Sale Deed/
    Conveyance, General Power of Attorney, Special Power of Attorney, Construction and
    Interpretation of various types of legal Contracts and Agreements,

Interpretation of various types of legal Contracts and Agreements,

• Verification and Analysis of various documents such as Title Deeds and/or investigation of
  the same,
• Drafting of contracts for construction property, turnkey contracts and also dispute related
  contracts in litigation,
• Litigation between society, tenants and the developer,
• Land acquisition matters,
• Appearing before local authorities in Mumbai,
• Drafting various other ancillary agreements such as Leave and License, Revenue Share
  Agreement, Lease Deed, Permanent Alternate Accommodation, Agreements under MOFA
  etc.
• Advising co-operative housing societies in their day-to-day matters and in matters of redevelopment,
• Home buyer clients and construction companies regarding the RERA Act, 2016 and
  appearing before the RERA authority,
• Advising in re-development and self-development projects,
• Drafting Re-Development / Joint Development Agreements,
• Suits for Declaration,
• Suit for Possession,
• Suit for Injunction,
• Escrow Letters, Legal Notices and Public Notices,
• Deed of Family Trust
• MahaRERA Complaint and filing of Complaint

Individuals & Families

At I.V. Merchant & Co. we believe that this department demands privacy and fragility.

IVM assists individuals and families with personal, and family business-related legal services and
advisory. We represent a host of clients with respect to issues/cases including –

• Testamentary and Succession Laws,
• Property documents,
• Wills & Codicils,
• Inheritance
• Contractual disputes.

Insolvency & Bankruptcy Law 

The Insolvency and Bankruptcy Code, 2016 (IBC) is the bankruptcy law of India which seeks to
consolidate the existing framework by creating a single law for insolvency and bankruptcy in India.
The Insolvency and Bankruptcy Code is a one-stop solution for resolving insolvencies which
previously was a long process that did not offer an economically viable arrangement. IBC aims to
protect the interests of creditors, small investors and makes the process of doing business less
cumbersome.

We at IVM have represented various clients under section 7 (the financial creditor), section 9 (operational
creditor), section 10 (voluntary CIRP), section 95 (against personal guarantors to corporate debtors)
petitions, other applications, and representing Corporate Debtors under the Insolvency and
Bankruptcy Code of India (IBC).

• Advise and appear on behalf of the Interim Resolution Professional (IRP) / Resolution
  Professional.
• We also represent clients in filing petitions under section 60.
• Representing Creditors before the Committee of Creditors (COC).
• Advising on Liquidation proceedings under IBC.

Succession Laws

In India, laws of Succession relate to legal principles of distribution of assets of a deceased individual
whereas inheritance is the process of an heir inheriting his ancestor’s property. We provide the following
services for estate planning:

• Drafting of Wills and Codicils,
• Family Settlement and Arrangements,
• Probate
• Letters of Administration,
• Suits for Administration,
• Testamentary Suits.
• Partition suits.

IVM also advises clients in family disputes related to property and inheritance and represents clients in
The High Court of Bombay for various suits along with the following:

• Advisory on digital assets
• Drafting Living Wills,
• Advising on drafting Wills when the properties are situated in different countries,
• Drafting Gift Deeds,
• Deed of Family Trust,
• Public / Private Charitable Trust,
• General and Special Power of Attorney,
• Various NOC Letters.

Intellectual Property Laws

Intellectual Property means a set of intangible assets owned and legally protected by a company or individual from outside use or implementation without consent/license. An intangible asset is a non physical asset that a company or person owns. The concept of intellectual property relates to the fact that certain products of human intellect should be afforded the same protective rights that apply to tangible assets.

Our innovative approach encompasses all aspects of intellectual property protection. We provide the
following services:

• Trademark Search, Application, and Registration along with First Notice hearing,
• Assignment of IPR Agreement,
• Memorandum of Association (MOU),
• Grant of Rights Agreement,
• Options Agreement,
• Legal Notice for Infringement of IPR and reply to infringement notices,
• Suit for Infringement / passing-off.

In a constantly changing competitive market, our experienced IP lawyers provide cutting-edge end-to-end solutions from conducting searches of trademark/ copyright to drafting documents, and representing clients in IP litigation for instance Suit for Infringement and Suit for Defamation.

Media & Broadcasting

Media law covers an area of law that includes media of all types (TV, film, music, publishing,
advertising, internet & new media, etc.) and stretches over various legal fields, including but not limited
too corporate, finance, intellectual property, publicity, and privacy. Media law provides an excellent
opportunity to examine conflicting rights and interests, such as the rights to free expression, information,
and a free press competes with other critical rights such as reputation, a fair trial, privacy,
confidentiality, intellectual property, and national security, as well as the right to be free of
discrimination in all its forms

IVM provides the following services to its wide range of clients across the Media and Broadcasting
domain, concerning drafting, vetting, and negotiation of:

• Various Cast and Crew Agreements,
• Production Agreements,
• Legal Notices and replies, therefore,
• Financing Agreement,
• Distribution Agreement,
• Transfer of Rights and Intellectual Property Agreements;
• Filing of and representing clients in litigation matters related to films, etc.
• Suits for Defamation.

Pharmaceutical

Pharmaceutical businesses focus on the research, development, marketing, and/or distribution of
drugs, typically in the context of healthcare and/or wellness.

IVM has been providing legal services on a retainer basis for many pharmaceutical companies whereby
we have handled varied contractual drafting and vetting of Agreements/Deeds keeping in mind the
rules, regulations, and laws of the FDA and FSIA (for natural products) along with safeguarding the
Intellectual Property Rights of the respective parties, including but not limited to:

• Drafting of contracts with API contractors,
• Third-party contract manufacturing,
• Loan Licensing Agreement,
• Co-Development Agreement
• Supply & Distribution Agreements with suppliers and distributors across the globe for the
  Pharma Company,
• Manufacturing Agreements,
• Mutual Non-Disclosure Agreements,
• Commercial Agreement,
• MOU for Patent,
• Litigation and dispute resolution/arbitration domestically as well as internationally.

We advise various Indian Pharma companies and companies in the USA, Russia, Germany, London,
Nepal, Australia, Lithuania, Canada, Panama, the UK, South Africa, Mozambique, Bahrain, Cambodia,
Vietnam, Palestine, UAE, Philippines, Uzbekistan, Dubai, and Versailles (France) for the pharma sector in
India and also provide services such as drafting, vetting, and negotiating the aforementioned
Agreements.

Information Technology

Information Technology (IT) involves the usage of any computers, storage, networking, and other
physical devices, infrastructure, and processes to create, process, store, secure and exchange all forms
of electronic data. IT is used in the context of business operations, as opposed to the technology used
for personal or entertainment purposes. The commercial use of IT encompasses both the computer
technology and telecommunications.

IT is a fast-rising industry which has brought a lot many technical, business and legal issues in its wake.
At IVM, we help clients understand and overcome complications arising out of legal issues pertaining
to the development, licensing, sale and use of information technology. With respect to the Information
Technology domain, we focus on providing the following services:

• Advice on matters relating to E-Commerce Contracts,
• Software and Website Development Agreements,
• Arbitration, Litigation and mediation support in Information Technology issues,
• Other IT related agreements,
• Term Sheets,
• White Label Agreement,
• Software License / Transfer / Sale Agreement,
• Founders’ Agreement,
• Annual Maintenance Contracts,
• E-Commerce Vendor Agreement,
• Service Agreement,
• Work Order,
• Maintenance & Tech Support Agreement.

IVM has extensive experience in drafting various policies for businesses involved in e-commerce,
tech startups, and drafting data sharing agreements with GDPR regulated countries. We advise clients
on Data Privacy laws including GDPR compliance and accordingly draft various website policies and
internal policies for their companies.

• Conducting a GDPR audit for business;
• Review the data protection practice the business;
• Drafting Gap Report / Compliance Report;
• Advisory on corrective measures pursuant to the Gap / Compliance report;
• Drafting mandatory GDPR compliant website policies and mobile application policies for the
  business – Privacy Policy, Cookie Policy, User Policy, Terms of Service, GDPR, General
  Disclaimer, Privacy Agreement
• Advisory on handling a data breach;
• Drafting of notices with respect to a data breach;
• Responding to legal notices for data breach or data mismanagement;
• Drafting of contracts and agreements pertaining to data sharing and handling – Data
  Protection Agreement, Data Processing Agreement.
• Advisory on NFTs.

Start-ups

India’s startup ecosystem is presently booming. Startups typically comprise young companies
brimming with innovation, formed with the vision to develop unique products or services in the form
of solutions for the market. Startups aim to remedy deficiencies in the existing products/services, or
create an entirely new category of products/services to disrupt entrenched ways of doing
business in a specific industry.

We provide startups with legal assistance at various stages – right from their inception, depending on
their requirements.

IVM is also empaneled with several startup Incubators and Seed Funding Companies. We offer
expertise to the startup landscape through:

• Advisory guidance,
• Documentation,
• Litigation,
• Managing Business Compliance,
• Drafting & vetting of contracts, deeds, and agreements,
• Drafting Start-up Incubation Agreements, Founders Agreements, Share Purchase
  Agreements, Agreements for Ownership/ Assignment/ Transfer of Intellectual Property
  Rights (Trademark, Copyrights, and Patents),
• Registration of Trademark, Copyrights, and Patents,
• Company Secretary Compliance,
• ESOP Scheme Implementation Compliance,
• Drafting of Website terms, conditions, and Cookies policies,
• Joint Ventures and Collaboration based Agreements.

We also cater to startups in advising and drafting the following:

• Trademark Filing and Registration,
• Logistics Agreement,
• Employment Agreement,
• NDAs,
• Website Policies (For Users and Vendors) & Mobile App Policies,
• Return, Refund, Exchange, Credit, Cancellation Policies,
• Vendor Agreements,
• Distribution Agreements.

Small and Mid-Size enterprises – SMEs

A small and mid-size enterprise (SME) is a business that maintains revenues, assets, or a number of
employees below a certain threshold. SMEs play a major role in most economies, particularly in
developing countries. No one with business expertise is expected to know all the legal aspects connected
– now or later, to the business and to keep up with the dynamic structure of the laws that are revised,
updated, modified, altered, changed, partially or in full sometimes, in order to keep up with the
changing times and legal requirements. We specialize in legal planning that differs not just from
industry to industry or company to company. We believe in and practice the mantra of “No two cases
are the same” and put in efforts in planning and strategizing for each of our clients as per their
respective businesses and business needs. We provide our SME clients with the following:

• Legal opinions
• Drafting of Non-Disclosure Agreements
• Drafting / Vetting of MOUs / Agreements,
• Drafting of various business-related agreements,
• Application for trademark/copyright registration,
• Arbitration under MSME Act,
• Advisory under MSME Act.

Insurance

An insurance policy is a contract in which an individual or entity receives financial protection or
reimbursement against losses against mishaps from an insurance company.

The insurance sector has been developing with leaps and bounds. We address insurance and
reinsurance coverage issues arising out of a wide variety of claims like general liability claims and claims
related to the storm, fire, water losses, etc., personal injury claims, product liability claims, regulatory issues
and corporate & commercial work, both for insurance companies and other clients.

Our Firm deals in insurance regulations and/or documentation related to Insurance & Reinsurance
Laws, including handling claims and arbitrations in the High Court or before regulatory authorities.
We represent insurance companies as well as insured for high value insurance claims which are
arbitrable.

Labour / Employment Laws

To make labor and employment strict and regulated in any firm/company, we at IVM deal
with documentation and laws around:

• Gratuity Trust Deed,
• Employment Contracts,
• Employee Transfer Petitions in the High Court of Bombay,
• Employee Handbooks,
• Advisory on Employment Laws,
• Opinion on Labor Laws.

Inheritance Laws

At I.V. Merchant & Co. we believe that this department demands privacy and fragility. We give to understand complex family issues and accordingly We advise various Family Offices, Individuals, and HNIs for their family estates and managing their family estates. We have resolved complex family property issues and inheritance issues and have represented clients for grants of probate, Letters of Administration. We also draft Family arrangements and WILLs and have advised various clients having properties all over India as well as World over.