Stressed Asset Management

Augustus Law has varied knowledge and comprehensive experience in handling intricate legal issues pertaining to matters relating to distressed assets and corporate restructuring in India including but not limited to identification, assessment and mitigation of risk for corporate clients like asset reconstruction companies, investors and distress asset stabilisation funds, offering effective resolution strategy for distress assets, revival of stressed assets and rendering advisory services on real estate projects.

Some of the assignments handled as part of the Stressed Asset Management and Resolution Practice include:

• Representing and advising asset reconstruction companies, investors and distress asset stabilisation funds in matters relating to conducting legal due diligence exercises (for large, SME and retail loan accounts) and title search due diligence exercises for real estate properties in Maharashtra and West Bengal and rendering assistance in closure of over 100 successful acquisition/ buyout transactions of loan accounts in the last 12 years
• Representing and advising asset reconstruction companies and non banking financial institutions in matters relating to completion of registration formalities pertaining to legal assignment of debt transactions in Maharashtra and West Bengal
• Proactively advising investors, asset reconstruction companies, distress asset stabilisation funds, financial institutions and operational creditors in matters pertaining to drafting and finalisation of legal notices for recovery of money, preparation of applications and ensuring professional appearance in matters relating to initiation of Corporate Insolvency Resolution Process and Liquidation and providing guidance on the applicable statutory requirements thereof before National Company Law Appellate Tribunal, National Company Law Tribunal, High Courts, etc
• Evaluating and rendering advise in matters relating to enforcement of security actions and formulation of recovery strategies available to financial creditors under the legal, regulatory and policy framework, including the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before High Courts, Debt Recovery Appellate Tribunal and Debt Recovery Tribunals
• Handling and structuring divestment plans with exit strategies for clients and investors vis-a-vis stressed assets, including strategic sale, demerger, slump sale and auction of assets with a special focus on industries operating in information technology, software, and manufacturing sectors. Our team specialises in drafting and advisory on restructuring plans and other related transaction documents, including Master Restructuring Agreements, Debtor Creditor Agreements, and Inter-Creditor Agreements.