Fintech Law

Financial technology has fundamentally reshaped how individuals and businesses access, move, and manage money. Especially, the inclusion of VDAs as another tool for payments and the integration of the FinTech sector with VDAs continues to evolve at a pace that demands specialist legal guidance at every stage of a business's development. We advise innovative FinTech businesses on the legal dimensions of their products and commercial arrangements from the regulatory frameworks governing their activities to the contracts that underpin their commercial relationships.

Securitisation - the pooling and tranching of financial assets into tradeable instruments - remains one of the most technically complex areas of financial law. We advise originators, arrangers, investors, and trustees on securitisation transactions across a range of underlying assets, including retail loan pools, trade receivables, mortgage portfolios, and invoice finance pools. Our advisory covers the applicable RBI and SEBI regulatory frameworks, SPV design and documentation, credit enhancement structures, instruments issued to investors, and the due diligence requirements of institutional participants. For businesses exploring distributed ledger-based securitisation workflows or tokenised asset-backed instruments, we additionally advise on the regulatory characterisation and structuring of such arrangements.

New refinancing mechanisms including the use of VDAs for such purposes require careful legal structuring to ensure enforceability, regulatory compliance, and investor protection. We advise lending companies intending to use VDAs to undertake lending-borrowing business on the full legal architecture of refinancing arrangements, including facility agreements, security documentation, and intercreditor arrangements. We also advise digital lending platforms, peer-to-peer lenders, and embedded finance businesses on product structuring and the contractual architecture governing lender-platform-borrower relationships.

Cross-border payment products along with their interaction with VDAs sit at the intersection of India's foreign exchange management regime, RBI's payment system framework, and equivalent regulatory requirements in counterparty jurisdictions. We advise payment businesses on the legal design of cross-border payment products, the applicable regulatory constraints, and the commercial arrangements with correspondent banks, payment networks, and technology partners that underpin their operations. The licensing and authorisation aspects of payments businesses are addressed under our Licensing practice.