Hariani & Co. advises on all aspects of banking law, including banking regulations, secured commercial lending, leasing and hire-purchase, the raising of loan finance, loan agreements and negotiations. With appreciable experience in debt recovery litigation, the firm also advises on the enforcement and realisation of security interests.
The firm advises on the structuring and assists with legal due diligence, legal audit, documentation, procedural follow-up and closing for loan and financing transactions. The firm advises on both joint venture and project finance contracts. Hariani & Co. also acts for clients in the following specialised banking and finance sectors:
Prepaid Cards and Other Payment Service Products
Hariani & Co. is a front-runner in this area, advising clients on developing various payment service products, including prepaid cards. The firm has advised numerous clients on the issuance and operation of prepaid cards. The firm has also advised the prepaid international forum in India. The firm provides clients with both transactional and advisory services.
Hariani & Co.’s advisory practice in this area involves advising on legal issues such as anti-money laundering safeguards, Know Your Customer (KYC) norms, combating the financing of terrorism, the Information Technology Act, the maintenance of records in digital format and potential liability.
Hariani & Co. also assists clients with structuring deals for the issuance of prepaid cards, drafting and reviewing agreements for the issuance of prepaid cards, making applications for registration with the Reserve Bank of India (RBI) and ensuring compliance with RBI requirements.
Hariani & Co. has advised clients issuing prepaid cards to various customer groups, customers of overseas hotel chains in India and customers in the shipping industry. In addition to acting for clients issuing prepaid cards, Hariani & Co. also advises on the structuring and issuance of other types of payment service products. For instance, the firm has advised a client on the legal regulations applicable to a mobile application permitting users to transfer money to one another through a messaging platform. The firm also advised on the structuring of the deal, given that foreign companies were involved in the transaction. The firm has also assisted a client with the issuance to persons in India of virtual account numbers to be used to pay travel industry participants worldwide. Further, the firm has advised and assisted companies that issue prepaid gift cards or run loyalty programs for its clients’ employees.
Real Estate Finance
Hariani & Co. is a pioneer in the emerging field of real estate investment in India. The firm has advised on real estate investments through Non-Banking Finance Companies (NBFCs), funds, non-convertible debenture / optionally convertible debenture structures and inter-corporate deposits. The firm has the knowledge, information and resources to advise clients on the legal, technical and strategic issues involved in real estate financing transactions, including real estate investment trusts (REITs). The services provided by the firm include conducting due diligence exercises, providing title reports and documentation and negotiating and preparing loan, investment, mortgage and other security documents, such as loan or investment agreements, mortgage and hypothecation documents, debenture trust deeds etc.
Hariani & Co. advises international companies on Indian government policies on foreign investment in various sectors.