The financial service sector has always been an area of interest for the domestic as well as foreign investors. The financial service providers (including digital lending, P2P lending platforms, digital wallets, payment and system aggregator, web aggregators, investment advisory platforms, NBFCs, asset reconstruction companies, housing finance companies, finance leasing companies and factoring NBFCs) have attracted a large number of investors in the recent times.
With the liberalisation of the foreign investment norms for the sector and the increased focus of the government on promoting tech based innovation, the financial service sector, especially the fin-tech sector, is expected to grow at a rapid pace in the coming years. The regulators have also recognised the importance of fin-tech entities and amended the regulatory regime suitably to recognise and promote invocation in fin-tech sector.
The lawyers at Clasis Law have in-depth knowledge of the regulatory regime including the data privacy regulations which regulate the financial service providers. Out team has significant experience in handling complex transactions and navigating regulatory hurdles for the client’s success. We advise and assist domestic as well as international clients in the financial service/financial technology sector.Our service offerings for the financial service providers/financial technology firms include:
Advising the clients on entry strategies including setting up the most appropriate form of business entity in India in view of the applicable business structure and the applicable regulations including sectoral regulations, foreign direct investment policy and the foreign exchange laws.
Advising and assisting the clients in relation to obtaining necessary licences/permissions from the Indian regulatory authorities (including the Reserve Bank of India, Ministry of Finance, the Insurance and Regulatory Development Authority of India) required for setting up/commencement of business.
Analysing and assessing the regulatory changes and advising the clients on the possible impact of the regulatory changes on their business.
Advising the clients on regulatory compliances as applicable to their business structure.
Advising on transaction structuring and collaboration agreements, drafting, reviewing, negotiating MOU’s, term sheets, agreements and commercial contracts such as joint venture agreements, share subscription and shareholders agreements, privacy policy etc.
Advising the clients on the applicable data privacy norms, cyber security and related compliances depending on the nature of business.
Advising the clients engaged in the business of payment gateways and aggregators, pre-paid payment instruments (wallets), online lending, etc.
Advising and representing the clients on the matters related to business restructuring involving mergers, demergers and business transfers; investment in/acquisition of financial service companies; conducting due diligence of target entities and identifying the regulatory risk; drafting, reviewing and negotiating the transaction documents such share purchase agreements, business transfer agreements, assets transfer agreements, and assisting in obtaining regulatory permissions/approvals for closing of transactions.
Advising on employment related matters.
Advising and assisting the clients on the matters related to intellectual property such as technology transfer and licensing, IP protection, trademark registrations, drafting, reviewing trademark assignments/ license agreements etc.