Business Structuring and Restructuring – Insolvency and Restructuring

OVERVIEW

JSA has diverse and substantial expertise in the field of insolvency and restructuring. Our corporate recovery and restructuring practice works closely with the Dispute Resolution practice and is widely recognised as market leader in this field. The team consists of more than thirty lawyers in the Banking & Finance and Dispute Resolution practice serving clients pan India on insolvency and restructuring matters.

It advises both lenders and borrowers in restructuring and refinancing their loans including through asset reconstruction, restructuring as per the Revised Framework for Resolution of Stressed Assets issued by the Reserve Bank of India and other available schemes of arrangement.

In addition to the wide scope of work mentioned here, JSA’s wide experience in capital markets & securities, M&A, projects & infrastructure and real estate, combined with the diverse sectoral expertise enables the firm to provide seamless service and in-depth legal advice and solutions to complex insolvency and restructuring matters.

The wide scope of work includes:

• Formulating strategy on debt restructuring and corporate restructuring
• Options and strategies in the event of counterparty insolvency or financial distress
• Advising financial creditors, operational creditors, corporate debtors and insolvency professionals on all aspects, including general corporate and commercial laws, specific insolvency law advice, and legal due diligence on the company’s affairs, debts, and assets
• Advising potential acquirers or sellers of distressed businesses or assets, whether through statutory insolvency, pre-packaged sales or in financially distressed situations
• Advising directors and officers on the risks that arise for them in periods of financial uncertainty or actual or impending liquidation
• Filing applications with NCLT and preparing claims to be filed with insolvency resolution professionals
• Preparing and reviewing the resolution plan
• Implementation of the plan, including drafting the restructuring documentation, advising on a stake sale, business or asset transfer
• Representing clients before NCLT, NCLAT, High Courts and the Supreme Court