Finsec Law Advisors > Mumbai, India > Firm Profile

Finsec Law Advisors
904B, The Capital, BKC
Mumbai 400051
India
Finsec Law Advisors is one of India’s top-rated financial sector law firms, providing legal and strategic advice to a diverse set of clients in the field of financial, securities and investment laws. We combine our extensive industry knowledge and depth of expertise in financial regulatory matters to deliver high quality and responsive legal services. The firm regularly assists and advises clients on securities, financial and corporate governance matters including domestic and cross-border investments, regulatory compliances, licensing, and structuring transactions, businesses and products. The firm also routinely advises and represents clients in securities enforcement actions, financial litigations and settlement negotiations in relation to matters ranging from fraud, insider trading, front-running to non-compliance with takeover and disclosure norms.

We cater to a wide spectrum of clients including domestic and global investors, financial institutions, wealth management firms, mutual fund houses, listed companies, market infrastructure institutions, self-regulatory organisations and fintech ventures.

Areas of Practice

I.       FINANCIAL REGULATORY

a.   Exchange and SROs

We advise major stock and commodities exchanges, self-regulatory organisations, and their constituents on complex financial regulatory matters and represent them before various Indian and foreign financial regulators. We also assist them in navigating financial laws, structuring their business, and provide guidance on regulatory compliance and industry best-practices.

Some of our major contributions include assistance in setting up of India’s first institutional debt and derivatives exchange as well as helping a major stock exchange obtain registrations in the US from the U.S. Securities and Exchange Commission.

b.  Advisory

·    Intermediaries

We advise both individuals and financial services firms on regulatory requirements, and other legal matters surrounding business & product structuring, operations, conflict management, etc. We advise all categories of SEBI registered intermediaries and persons holding other financial sector licenses.

·    Listed Companies

We work with listed companies, their promoters, and directors on a wide range of issues relating to M&A, private equity, listing obligations, capital raising, corporate governance, domestic & foreign investments, internal investigations, white-collar crime, and other issues involving corporate and securities law. We are the forerunners of securities related advisory services in the country and we extend our horizon beyond transactional work to look after our clients’ interests from a long term and structural perspective.

·    Transactions and Business Structuring

We have been engaged by almost all the top 10 financial services firms in the country to advise on issues related to securities and investment laws and manage a range of transactions involving M&A, takeovers, and capital raising. We also assist and advise our clients on domestic and cross-border investments. We not only provide our advisory services on complex areas involving regulatory ambiguity but adopt a problem-solving approach towards understanding our clients’ needs in the context of broader issues at stake and providing advice from a strategic standpoint.

c.   Investment and Wealth Management

We assist some of the largest domestic and global investors and investment funds including reputed financial institutions, mutual funds, pension funds, sovereign wealth funds, private equity and venture capital funds, and family offices in organizing their complex group structures and advise them on regulatory issues, both domestic and international. We advise and represent leading asset management companies, brokerages, portfolio managers, foreign portfolio investors, and other ancillary businesses in the investment industry.

·    Mutual Funds

We have advised a number of major mutual fund houses in India on domestic and international regulatory issues and provide a wide spectrum of legal services right from fund formation to winding up.

·    Wealth Management Firms

We have advised major wealth management firms including asset management companies, private equity and venture capital firms, portfolio managers, AIFs, FPIs, brokerage houses, and distributors on issues ranging from corporate governance, regulatory compliances to strategic advice on risk management, restructuring of business operations, etc.

d.  Regulatory Engagement

We regularly engage with financial regulators, governmental agencies, and quasi-regulatory bodies, including SEBI, RBI, IRDA, Enforcement Directorate, stock exchanges, and various ministries of the government, in representing clients, including investors, promoters, listed companies and market intermediaries, on regulatory matters that impact their business. We represent clients in relation to investments and divestments, takeovers and acquisitions, capital raising, exemptive reliefs, regulatory guidance, and other corporate actions

e.   Corporate Governance & Investor Activism

We represent institutional and individual investors’ interests and obtain regulatory intervention in high-profile matters of investor protection, corporate governance failures, money laundering, financial fraud, and unfair trade practices.

f.    FinTech Ventures

We advise fintech ventures and start-ups that are disrupting the financial world. We have designed and vetted new-age business and product structures related to fractional ownership, foreign investments, distribution of financial and investment products, microfinance, electronic wallets and payment systems, crowdfunding, P2P lending, social trading platforms, virtual currencies, and crypto-assets. We also advise clients on various issues including ranging from corporate governance, regulatory compliance to strategic advice on risk management. The firm also advises and assists clients in filing regulatory and innovation sandbox applications with SEBI.

g.   Regulatory Registrations

We regularly assist clients in obtaining regulatory registrations and licenses from SEBI for businesses including AIFs, mutual funds, investment advisory, research analyst, stock-broking, portfolio management and credit rating. Our experience with SEBI gives us a unique perspective on pre-empting regulatory risk and increasing efficiency for our clients.

h.  Internal Risk Management

We have assisted several listed companies, financial institutions, and financial market intermediaries in developing internal policies for good governance and compliance with securities and financial laws. Keeping in mind industry best practices, we have prepared and reviewed internal policy documents and manuals covering various aspects of corporate governance, operations, conflict of interest, business segregation, employee dealing, risk management, etc.

II.       DISPUTES AND ENFORCEMENT ACTIONS

Our ability to provide realistic advice and take strategic decisions on adjudication matters has won us the trust and confidence of our clients. We represent and advise clients on various aspects of financial and securities enforcement actions, litigation and arbitration before numerous forums including SEBI, SAT, High Courts, Supreme Court and arbitrations facilitated by stock exchanges. We have represented a wide range of clients before SEBI and SAT on matters pertaining to violation of SEBI laws such as insider trading, takeovers, white-collar offences, listing norms, fraudulent and unfair trade practices, CIS, etc. We have also advised and represented clients in settlement proceedings before SEBI. Further, we have acted as an expert witness in international arbitrations on matters concerning securities and foreign exchange laws, including proceedings related to the infamous Satyam scam.

III.       MARKET REFORM AND POLICY WORK

We regularly engage in policy development work with government bodies, regulators, industry bodies, and international organisations and actively contribute to financial market reforms. Among others, we have assisted and made policy recommendations before parliamentary committees, SEBI and RBI. Sandeep Parekh, Managing Partner, has served on many RBI and SEBI committees, including the High-Level Committee to review the Insider Trading Regulations, the Committee on Disclosures & Accounting Standards, the Mutual Fund Advisory Committee, and also chaired the Working Group on Issues Concerning Proxy Advisors.

We have worked with the Confederation of Indian Industry (CII) and the Federation of Indian Chambers of Commerce and Industry (FICCI) on the impact of securities law on the industry and represented their interests before SEBI. We have assisted one of the largest distributor bodies in India, the Foundation of Independent Financial Advisors (FIFA), in making representations to SEBI on matters pertaining to mutual fund distribution activities. We have also assisted the World Gold Council in their collaboration with the International Financial Services Centre Authority in setting up gold exchanges in GIFT-City.

At the international level, we have assisted US-India Business Council to represent their views before the Government of India on the report of the Financial Sector Legislative Reforms Commission (2013) and advised a World Bank delegation on aspects of the Indian financial sector in relation to the “Ease of Doing Business in India” report.

PhotoNamePositionProfile
Anil Choudhary photoMr Anil ChoudharyPartner
Sandeep Parekh photoMr Sandeep ParekhManaging Partner