Finsec Law Advisors

The firm caters to a wide spectrum of clients including domestic and global investors, financial institutions, wealth management firms, mutual fund houses, listed companies, market infrastructure institutions, self-regulatory organisations and fintech ventures.

Areas of practice
I.       FINANCIAL REGULATORY
a.   Exchange and SROs
The firm advises major stock and commodities exchanges, self-regulatory organisations, and their constituents on complex financial regulatory matters and represent them before various Indian and foreign financial regulators. They also assist them in navigating financial laws, structuring their business, and provide guidance on regulatory compliance and industry best-practices.

b.  Advisory
·    Intermediaries: The firm advises both individuals and financial services firms on regulatory requirements, and other legal matters surrounding business and product structuring, operations, conflict management, etc. They advise all categories of SEBI registered intermediaries and persons holding other financial sector licenses.

·    Listed companies: The firm works with listed companies, their promoters, and directors on a wide range of issues relating to M&A, private equity, listing obligations, capital raising, corporate governance, domestic and foreign investments, internal investigations, white-collar crime, and other issues involving corporate and securities law.

·    Transactions and business structuring: The firm had been engaged by almost all the top 10 financial services firms in the country to advise on issues related to securities and investment laws and manage a range of transactions involving M&A, takeovers, and capital raising. They also assist and advise their clients on domestic and cross-border investments. They not only provide their advisory services on complex areas involving regulatory ambiguity but adopt a problem-solving approach towards understanding their clients’ needs in the context of broader issues at stake and providing advice from a strategic standpoint.

c.   Investment and wealth management
The firm assists some of the largest domestic and global investors and investment funds including reputed financial institutions, mutual funds, pension funds, sovereign wealth funds, private equity and venture capital funds, and family offices in organizing their complex group structures and advises them on regulatory issues, both domestic and international. They advise and represent leading asset management companies, brokerages, portfolio managers, foreign portfolio investors, and other ancillary businesses in the investment industry.

·    Mutual funds: The firm has advised a number of major mutual fund houses in India on domestic and international regulatory issues and provide a wide spectrum of legal services right from fund formation to winding up.

d.  Regulatory engagement
The firm regularly engages with financial regulators, governmental agencies, and quasi-regulatory bodies, including SEBI, RBI, IRDA, Enforcement Directorate, stock exchanges, and various ministries of the government, in representing clients, including investors, promoters, listed companies and market intermediaries, on regulatory matters that impact their business. It also represents clients in relation to investments and divestments, takeovers and acquisitions, capital raising, exemptive reliefs, regulatory guidance, and other corporate actions

e.   Corporate governance and investor activism
The firm represents institutional and individual investors’ interests and obtain regulatory intervention in high-profile matters of investor protection, corporate governance failures, money laundering, financial fraud, and unfair trade practices.

f.    FinTech ventures
The firm advises fintech ventures and start-ups that are disrupting the financial world. They have designed and vetted new-age business and product structures related to fractional ownership, foreign investments, distribution of financial and investment products, microfinance, electronic wallets and payment systems, crowdfunding, P2P lending, social trading platforms, virtual currencies, and crypto-assets. They also advise clients on various issues including ranging from corporate governance, regulatory compliance to strategic advice on risk management. The firm also advises and assists clients in filing regulatory and innovation sandbox applications with SEBI.

g.   Regulatory registrations
The firm regularly assists clients in obtaining regulatory registrations and licenses from SEBI for businesses including AIFs, mutual funds, investment advisory, research analyst, stock-broking, portfolio management and credit rating. Their experience with SEBI gives them a unique perspective on pre-empting regulatory risk and increasing efficiency for their clients.

h.  Internal risk management
The firm has assisted several listed companies, financial institutions, and financial market intermediaries in developing internal policies for good governance and compliance with securities and financial laws. They have prepared and reviewed internal policy documents and manuals covering various aspects of corporate governance, operations, conflict of interest, business segregation, employee dealing, risk management, etc.

II.       DISPUTES AND ENFORCEMENT ACTIONS
Finsec Law Advisors has earned the trust and confidence of their client by providing realistic advice and taking strategic decisions on adjudication matters. They represent and advise clients on various aspects of financial and securities enforcement actions, litigation and arbitration before numerous forums including SEBI, SAT, High Courts, Supreme Court and arbitrations facilitated by stock exchanges. They have represented a wide range of clients before SEBI and SAT on matters pertaining to violation of SEBI laws such as insider trading, takeovers, white-collar offences, listing norms, fraudulent and unfair trade practices, CIS, etc. They have also advised and represented clients in settlement proceedings before SEBI. Further, they have acted as an expert witness in international arbitrations on matters concerning securities and foreign exchange laws, including proceedings related to the infamous Satyam scam.

III.       MARKET REFORM AND POLICY WORK
The firm regularly engages in policy development work with government bodies, regulators, industry bodies, and international organisations and actively contribute to financial market reforms. Among others, they have assisted and made policy recommendations before parliamentary committees, SEBI and RBI. Sandeep Parekh, managing partner, has served on many RBI and SEBI committees, including the High-Level Committee to review the Insider Trading Regulations, the Committee on Disclosures & Accounting Standards, the Mutual Fund Advisory Committee, and also chaired the Working Group on Issues Concerning Proxy Advisors.

The firm has worked with the Confederation of Indian Industry (CII) and the Federation of Indian Chambers of Commerce and Industry (FICCI) on the impact of securities law on the industry and represented their interests before SEBI. They have assisted one of the largest mutual fund distributor bodies in India, the Foundation of Independent Financial Advisors (FIFA), in making representations to SEBI on matters pertaining to mutual fund distribution activities.