Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery

LawSikho

Learn regulations and recovery mechanisms with a Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification by LawSikho

Online

6 Months

₹ 46500

Quick Facts

particular	details
Medium of instructions English	Mode of learning Self study, Virtual Classroom	Mode of Delivery Video and Text Based	Frequency of Classes Weekdays, Weekends	Learning efforts 4-6 Hours Per Week

Course overview

The Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification course is a 6-month programme. The course offers practical skills and knowledge for the students to apply in real-world scenarios. The programme provides simulation exercises on finance transactions such as working capital facilities, and various recovery mechanisms. The students will also learn how the fintech entities function.

The course offers a comprehensive understanding of regulations applicable to banks and NBFCs. The Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification by LawSikho provides in-depth knowledge of specific directions of RBI on banking activities. The course offers an extensive curriculum that includes drafting and formatting, commercial contracts anatomy and execution and negotiation.

Also Read: Online Banking And Finance Courses & Certifications

The highlights

6 Months Online Course
1 Online Live Class/Week
Professional Networking Coaching
Instructor Feedback on Assignments
2 Practical/Drafting Exercises Per Week
Training for Writing and Publishing Articles
Doubt clearing on WhatsApp, LMS & classes
Top Performers will be Recommended for Job Opportunities

Program offerings

3 writing assignments
Content access for 3 years
Printed study material
Cv enhancement
Interview preparation guidance
Internship & job support
Digital access to study material
Doubt clearing within 24 hours

Course and certificate fees

Fees information

₹ 46,500

Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery Certification Fee Structure

Certification Course	Fees
Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery (Standard Access)	Rs 46,500
Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery (Master Access)	Rs 2,00,000

certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

Lawyer Chartered accountant Legal advisor Company secretary

The Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification course is designed for aspiring students and law professionals to develop their skills and knowledge. This course is also beneficial for:

Eligibility criteria

Certification Qualifying Details

The candidates must spend 4-5 hours per week developing their skills along with attending classes. They must complete all the assignments and submit them on time. The students will receive a certificate co-branded by NSDC and Skill India by courier to their provided address.

What you will learn

Upon completing the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification syllabus, the participants will gain basic guidelines for drafting and in-depth knowledge of construction and different parts of a contract. They will also explore drafting the clauses for various types of contracts related to the banking sector and learn negotiation techniques.

The course provides a deep understanding of different types of financing facilities offered by the banks and various regulations applicable to banks. After completing the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery training, they will also learn the various recovery mechanisms, and learn to choose the right recovery mechanism for different types of borrowers.

The syllabus

Introduction to Drafting and Formatting

Basic guidelines for drafting

How to structure your writing
How to bring in the relevant research and flow of writing
Considerations of relevancy, chronology, coherence, brevity, recipient (external/internal)
Use of ‘preemptive refutation’ techniques
Relevance of Annexures
Consistency of language and arguments
Compliance with legal requirements and common rules of interpretation of contracts
Revise and polish the draft

Formatting Strategies and Techniques

Top formatting errors and mistakes
Uniformity in formatting, stylesheet and fonts
Use of headings and numbered or bulleted lists
Appropriate use of punctuation
Use of sections and subsections, tables and numbering
Cross referencing within the document and across multiple transaction documents
Important functions of Microsoft Word which you must know

Advanced guidelines for contract drafting and contract review

Appropriate use of active and passive voice
Use of verbs consistent to intention
Use of appropriate conjunctions
Correct use of values, age and dates
Gender sensitivities
Standards of responsibility
How to read and review contracts
Checklist for reviewing a contract

How to draft internal and external communications: e-mails, letters, responses to notices

Different types of external communication required by the legal department in a bank
What to take care of, in communication with regulators
Common pitfalls in such external communication
Common types of internal communication required by the legal department in a bank
Common pitfalls in such internal communication

Anatomy and Execution of Commercial Contracts

Contract Anatomy - Introduction to parts of a contract
Title, recitals, definition and interpretation clauses
Representations and Warranties clauses and covenants
Conditions Precedent, Conditions Subsequent and Completion
How to Draft Obligations and Payment Clauses in Any Contract
Term, termination, renewal and survival clauses
Assignment and Change of Control Clauses
Confidentiality, non-compete, non-solicit and exclusivity clauses
Waiver, Variation and Severability clauses
Indemnity and Limitation of Liability clauses
Notice and communication clauses
Breach and enforcement related clauses
Governing Law, Jurisdiction, Dispute Resolution and Arbitration

Legal Requirements for Validity and Enforcement

Registration
Stamp duty, calculation, impact on structuring and remissions
Attestation
Notarization
Apostillation
Cross border contract execution

Execution of Contracts

Authority to negotiate and finalise
Signature & Authority to sign contracts
Effective date
Counterparts

Contract Negotiation

Common negotiation techniques and pitfalls

Avoid unclear terms and undefined projects
Cultivate a perception of value and desirability
Have respect for yourself and show respect towards the other side
Do not make unconditional concessions
Be willing to walk away
Negotiation advantages associated with long term thinking
How to use the weight of a large institution to obtain what you want
How to negotiate with an institution which has multiple stakeholders

Hostage Negotiation Techniques and Business Applications

Negotiation case studies from business tycoons

AT&T and iPhone
Apple books and Harper Collins
Pixar and Disney
Gorilla Glass

Lending and Related Concepts

Types of Standard Facilities

Working Capital Facilities
Fund-based: Revolving loan facility, Overdraft facility, Short term loans or Working Capital Demand Loans (WCDL)
Non-fund based facilities: Bank Guarantee, Letter of credit, Standby letter of credit, Packing Credits, Buyer’s Credits
Term loans
Others
Subordinated promoter loans
Mezzanine facilities

External Commercial Borrowings (ECBs)

Why should a business consider availing an ECB?
Overview of ECB Framework
Eligible Borrower
Eligible Lenders
End-use restrictions
Interest payment on ECBs
Term of ECBs
Role of Authorised Dealer Bank in creation of security or provision of guarantee for availing an ECB
Procedure for availing ECB and reporting requirements
Conversion of ECB into equity
How to deal with untraceable entities in contravention of ECB reporting requirements

Loan and Security Documentation

Financing Documents

Application Form read with Terms and Conditions based lending documents
Sanction Letter & Termsheet
Rupee Term Loan Agreement
Working Capital Facility Agreements
ECB Facility Agreement
Note: Relevance of creation and perfection of security from a banker’s perspective

Process of mortgage creation

Due diligence on the property being proposed to be mortgaged and the basic study of a title search report (TSR) along with study of a sample TSR
Deciding the form of mortgage as per section 58 of TOPA, 1882
Checks and balances before creation of mortgage with reference to corporate authorizations/ compliance under the IT Act
Perfection of mortgage with filings to be made with ROC and CERSAI

Security Documents

Share Pledge Agreement
Deed of Hypothecation
Mortgage Documents i.e. Mortgage Deed etc.
Memorandum of Entry
Mortgage declarations etc.
Security Trustee Agreement
Intercreditor Agreement/Pari Passu Letters

Contractual Comforts

Personal Guarantee
Corporate Guarantee
Non-disposal undertaking
Power of Attorney
Letter of Comfort
Shortfall Undertaking/Sponsor Support and Equity Contribution
Case specific undertakings and indemnities

Escrow Agreement, Deeds of Assignment & No objection certificates

Multiple Banking and Consortium Banking

Contractual Terms in Loan Documents

Lending specific contractual terms

Details of Facility
Disbursement
Interest
Repayment clauses
Prepayment clauses
Security and security sharing clause
Charge and relevance of ranking of charge
Financial, positive, negative and information covenants
Settlement of Trust clause under Security Trustee Agreement
Debenture Trust Deeds
Pari passu clause under the Inter-se documents
Clauses on manner of decision making under Inter-se documents – Majority and all lender consent clauses
Governing Law and jurisdiction clause

Events of Default (EOD)

Payment default
Breach of terms not specifically listed in EOD clause
Breach of representations and warranties clause
Inadequate security or Security in Jeopardy
Other situations such as bankruptcy, winding up
Cross Default
Expropriation
Material Adverse Effect
Change in control
Illegality in carrying on business
Failure to carry on business

Consequences of EOD

Acceleration
Security/Contractual Comfort Enforcement
Default interest
Right of set-off against other deposits
Cash collateralisation
Appointment of nominee director or other consultants
Conversion of debt into equity
Legal proceedings in the nature of specific performance, injunction, etc

Internal Authorizations and Statutory Filings

Board-level and shareholder authorizations for obtaining loans, provision of security and guarantees
Internal approvals necessary for corporate guarantees and related-party transactions
How to authorize an officer or director for signing loan documentation
Regulatory filings for charge creation, perfection and satisfaction

Statutory Aspects of Lending

RBI and Banking Regulations

Banking Regulation Act
Loans and advances
Resolution of stressed assets
Prudential Norms (IRAC Norms)
Wilful Defaulters
Import and Export of Goods and Services
Sale of stressed assets
Securitization
Payment and Settlement Systems
KYC and Money Laundering
Guarantees and Co-acceptances
Trade Credits

How to read and understand FEMA

Background of FEMA
Regulations framed under the FEMA
Automatic Vs. Approval routes
Current vs. Capital Account Transactions
Handling of foreign exchange under FEMA
How to read FEMA with other RBI instruments
Enforcement mechanisms under FEMA

Overview of FDI

Sectoral Caps
Automatic Vs. approval routes
Pricing of securities issued via FDI
Repatriation Vs. Non-repatriation
Connection of FDI with the lending business of a bank
Indirect and downstream foreign investment

ODI, Guarantees and Charges

Regulations governing overseas direct investments
Sources of funds and basics of reporting
Calculation of financial commitment
Role of AD Bank in ODI transactions
Earnest money deposit or bid bond guarantee for offshore acquisitions
Issue of guarantees or standby letters of credit to meet obligations of JV/WOS
Guarantees by AD Bank for import export transactions

Research techniques to stay updated

How to stay updated with RBI’s notifications and circulars
Site searches on Google
Use of Google Alerts
Feeds from RBI website
How to identify if a framework/ notification has been discontinued
How to stay updated with amendments, regulations and other relevant legal developments

Recovery Litigation Under Sarfaesi Act

Enforcement of Security Interest under SARFAESI Act

Definition of “security interest”, “secured asset”, “secured debt” or “secured creditor”
Section 31 of the SARFAESI Act, non-applicability in respect of certain assets (agricultural land/ vessels)
Steps for enforcement of security interest under SARFAESI
Procedure, timelines under SARFAESI Act and Rules

Video: Steps for enforcement of security under SARFAESI Act

SARFAESI
Essentials of notice served under Section 13 (2) of SARFAESI Act
Template: Demand Notice under SARFAESI
Template: Possession Notice under SARFAESI
Template: Application to District Magistrate/ Chief Metropolitan Magistrate under Section 14
Template: Replies to Objection Against Demand Notice

Recovery of Debts and Bankruptcy Act, 1993 (‘RDB Act’)

Procedure in RDB Act cases (Section 19): reliefs that may be prayed for by a Bank, pecuniary/ territorial jurisdiction, court fee, definition of “debt”, timelines, Recovery Certificate, execution proceedings.
Drafting/Reviewing of a Section 19 application by the bank
Evidence on affidavit
Powers of DRT
Recovery Proceedings
Appeal procedure
One time settlements between banks and debtors
Brief comparison of SARFAESI Vs, RDBA

Video: Process of DRT Enforcement and Litigation

Appointment of receiver
Order recovery of money
Furnish security
Detain in civil prison

Recovery Litigation Under IBC

Introduction to IBC and its purpose

Necessity for laws on insolvency
Laws governing insolvency prior to Insolvency and Bankruptcy Code, 2016
Where did Sick Industrial Companies Act, and other RBI schemes fall short?
Objective of IBC: not a recovery legislation
Development of Insolvency and Bankruptcy Code, 2016
How to decide whether to invoke SARFAESI, RDDBFI Act or IBC?

Glossary of terms and explanation of key concepts in IBC

Debt
Financial Debt
Adjudicating Authority
Claim
Security Interest
Resolution Plan
Resolution Professional
Types of creditors - financial and operational

Overview of Corporate Insolvency Resolution Process (CIRP)

Initiation of insolvency
Admission of the application
Appointment of Interim Resolution Professional (IRP) and public announcement
Moratorium
Submission and verification of claims
Constitution of Committee of Creditors (CoC)
Submission of information memorandum to CoC
Invitation of Expression of Interest and submission of Expression of Interest
Finalising list of Resolution Applicants
Request for Resolution Plans and submission of Resolution Plans
Approval of Resolution Plan by CoC
Application for approval of Resolution Plan to Adjudicating Authority
Approval of Resolution Plan by Adjudicating Authority

Initiation of Insolvency as Financial Creditor

Prerequisites for a financial creditor to initiate insolvency
Format and elements of an application to initiate insolvency by a financial creditor
Initiation of insolvency proceedings against corporate or personal guarantors
Advanced issues for financial creditors

Admission of insolvency, moratorium and appointment of IRP

Application and scope of moratorium
Effect of moratorium on criminal, arbitration and SARFAESI proceedings
Impact on corporate and personal guarantees
Appointment of Interim Resolution Professional (IRP) and duties of IRP

Filing of proof of claims and constitution of Committee of Creditors

Prerequisites of filing proof of claims with the IRP
Constitution of CoC - who forms the members of the CoC?
What happens if there are no financial creditors of a corporate debtor?
Role of operational creditors
Duties and powers of the CoC
CoC meetings and process for convening meetings
Voting rights of members of the CoC
Appointment of Resolution Professional (RP)

Role and duties of the Resolution Professional

Invitation of Expression of Interest
Preparation of Information Memorandum
Request for Resolution Plans (RFRP)
Who can be a Resolution Applicant?

Approval or rejection of resolution plan

What is a resolution plan?
Essentials components of a Resolution Plan
Criteria for approval of Resolution Plan by Resolution Professional
Evaluation Matrix and voting by CoC
Approval of Resolution Plan by CoC
Approval of Resolution Plan by NCLT

Liquidation process under IBC

Initiation of liquidation process and consequences
Filing proof of claims before liquidator
Liquidation as a ‘going concern’
Priority of claims and waterfall

Video: Enforcement of guarantee by lenders

Injunction to restrain realisation of bank guarantee
Invocation of personal and corporate guarantee under IBC

Recovery Litigation Other than Insolvency and Bankruptcy Code

Negotiable Instruments Act and Payment and Settlement Systems Act Litigation

Pointers for drafting notice under section 138 of Negotiable Instruments Act, 1881 (NI Act)
Pointers for drafting complaint and evidence under section 138 of Negotiable Instrument Act
Process of trial in NI Act cases and timelines under NI Act
Liability under Payment and Settlement Systems Act, 2007

Video: Liability of directors and management under NI Act

Liability of nominee directors
Directors’ insurances and indemnity

Video: Essentials of a notice of dishonour of cheques

Video: How to furnish evidence of dishonour of cheques

Video: How to obtain a garnishee order

Chapter: Consumer Disputes Litigation Against Banks

Consumer Protection Act, 2019
Who is a ‘consumer’ under the CP Act?
Common disputes – third-party fraud, phishing scams, ATM disputes, account operations, cheque dishonour etc.
Judicial hierarchy – DCDRF, State Commission and NCDRC
RBI Circulars and defined roles of banks in payment and settlements system
Important case-laws

Recovery Litigation: Civil Suits

Video: Use of Summary Suit by Banks/NBFCs to Enforce Retail Loans

Types of Loans that Can Are Enforced through this
Potential defendants in a summary suit
Procedure of summary suit

Video: Mortgage Suit

Order 34 of CPC
Procedure of court sale

Use of Money Suits in Banking and Finance

Enforcement of judgment
Attachment
Small Claims Court
Presidency Small Cause Courts Act, 1882
Settlement
Arbitration
Lok Adalat

Other Enforcement Mechanisms

Video: Use of Bankers’ Lien in the real world

Note: Enforcement of a share or debenture pledge

Drafting notice for enforcement of securities
Filing of necessary forms
Demat vs. physical security enforcement

Video: Use of option to convert loan into equity by banks

Immunity under Insolvency and Bankruptcy Code, 2016- Related party transactions
Time period within which to transfer the equity interest

Video: Oppression and mismanagement proceedings by lenders

Sample Notices

Demand Notices under various statutes
Loan Recall Notice
Event of Default Notice
Guarantee Invocation Notice
Deemed defaulter notices

Specialised Loans: Legal Framework and Recovery

Video: Microfinance loans
Video: Agricultural loans and Agricultural Indebtedness Act
Video: School and college loans - Society Registration Act, Charitable Trusts Act
Video: Educational loan, Vehicles loans, Consumer loans, Personal loans
Video: Loan against jewelry
Video: Syndicated loans
Video: Credit card loans: ECS Bounce, Banking ombudsman for levy of excess interest, Delhi Dispute Resolution Society (DDRS) Mediation, DRT recoveries
Note: Legal position on recovery agents
- The Andhra Pradesh MicroFinance Institutions (Regulation of Money Lending) Act, 2011.
Note: Difference between NBFC, fintech, AIF, cooperative banks, public financial institutions, Multilateral lending institutions, and Commercial Banks

Restructuring of Debt in India

What is restructuring and how does it work?

What is restructuring?
How is it beneficial to lenders and borrowers?
Restructuring vs. Recovery vs. Refinancing: which works better?
Overview of restructuring methods

RBI regulations governing debt restructuring

Is restructuring permissible? What are the restrictions?
Restructuring under Prudential Norms
Moratorium - what happens when RBI permits one-time restructuring?
The Yes Bank case study

How to negotiate the restructuring of loans

Negotiation points from the borrower’s side
Negotiation points from the lender’s side
How to create a win-win situation

Mechanisms and documentation for restructuring

One time restructuring
Addition of security
Management change
Amendment of constitution documents
Conversion of loans into equity

What is rescue financing and how does it work?

Video: How does debt restructuring work and when is it used?

One time settlement option
Prudential norms for resolution of stressed assets - resolution package
Amendment of constitutional documents
Management change
Provision of additional security
Provision of subordinated promoter loans
Negotiation with other lenders

Fintech, Artificial Intelligence, Machine Learning and the Law

Payment Gateways and wallets

Regulation of prepaid instruments such as gift vouchers, mobile wallets and cash cards
Regulation of payment gateways
The CCAvenue Agreement - a Case Study
Interoperability of prepaid payment instruments (PPIs)

Payment and Settlement Systems Act and regulations

Key payment systems covered under the Act
Difference between payment systems vs. payment systems operator
Which approvals do you need to operate a payment system in India
How can a merchant / business obtain the benefit of a payment service provider?
Are Point of Sale (PoS) machine manufacturers governed by the Act?

Regulatory Framework governing issue and usage of Prepaid Payment Instruments in India

Who can issue a PPI?
Different types of PPIs
RBI circular for imposition of penalty on payment systems operators

Bitcoin and Cryptocurrencies and their legal validity

Are bitcoins currently legal?
What is an Initial Coin Offering (ICO)
Applicability of securities and exchange control laws to cryptocurrencies

Intermediary liability for online payments

Who are financial intermediaries
Case study of Bazee.com
Intermediary liability under IT Act

Internet structure and legal jurisdiction as adapted to payments

Why is the structure of the internet important to determine jurisdiction?
Jurisdiction with respect to interactive websites
How do online payment gateways, payment banks, mobile wallets, mobile banking systems etc. impact the issue of jurisdiction?

Online banking frauds in India

How to recover lost money under Information Technology Act, 2000?
How to recover money lost through fraudulent bank transfers?

How do payment banks work?

Legal status of payment banks
How are e-wallets different from payment banks?

How are P2P lending and P2P lending platforms regulated?

What is P2P lending and how is it regulated?
How to set up a P2P lending platform?
Do crowdfunding platforms have to register?
What are NBFC-P2Ps?
What are the activities of NBFC-P2Ps?

How is algorithmic trading business regulated?

What is algorithmic trading and high frequency trading?
How is algorithmic trading regulated?
What is colocation and are there any regulations on colocation?

How is mobile banking regulated?

What is mobile banking?
How did a regulatory framework for mobile banking develop in India?
Are there any codified guidelines for mobile banking and other relevant transactions
Applicability of RBI guidelines

Limitations and workarounds to online contracts

Methods of entering into electronic contracts
Are electronic contracts valid and binding?
eSign and Aadhar based e-authentication

Admission details

To join the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery classes, follow the below-mentioned steps:

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/banking--finance-practice-contracts-disputes--recovery

Step 2: Participants must click on the “Enroll Now” button, fill in the necessary information and click on the “Submit” button.

How it helps

The Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification benefits include:

The certification course aims to provide practical exercises to the participants to gain hands-on experience.
The Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification course offers a comprehensive understanding of contracts, disputes and recovery in banking and finance practice.
The candidates will get 2 practical or drafting exercises per week, 3 writing assignments and 1 online live class per week.
Aspirants will also receive coaching for professional networking, and also get trained for interviews, internship and job support.
Top performers of this course will be recommended for jobs and client opportunities in various organisations.

FAQs

What is the duration of the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery training?

The duration of the course is 6 months. The students will learn how fintech entities such as Phone Pe, Udaan and others function and how regulations are applicable.

Who are the potential clients or employers for the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery online course?

The potential employers are Law Companies, Public and Private Sector Banks (domestic and foreign), International Financial Institutions, Non-Banking Financial Companies (NBFCs), Infrastructure Companies, and Large Conglomerates who look for finance for their groups or projects.

Who can pursue a Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification course?

Lawyers who want to practice banking and finance in their law firm, want to work as In-House Counsels and Litigators, Chartered Accountants and Company Secretaries, Managers, Business Consultants and Recovery Agents.

What will students get in the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery online course master access?

The master access includes access to all Lawsikho courses for 4 years, a paid Facebook group for jobs, templates, lessons, priority passes for personal coaching, doubt-clearing, customer support, free passes and invitations to all Lawsikho events and meet-ups across India.

Why is the Diploma in Banking & Finance Practice: Contracts, Disputes & Recovery certification course unique?

The course focuses on providing real work done by lawyers in this field. Students learn deep knowledge of borrowing and lending transactions negotiations, structures, documents and clauses, and modes of recovery.

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