Loan agreement review

  • Our firm provides meticulous loan agreement reviewservices to protect borrowers and lenders from unforeseen risks and unenforceable terms. We conduct a clause-by-clause analysis of facility agreements, promissory notes, and security documents to identify onerous conditions, ambiguous language, and non-standard provisions that could create financial or legal exposure. Our expertise extends to various credit instruments, including term loans, revolving credit facilities, convertible notes, and personal guarantees, ensuring our clients fully understand their obligations before execution.
  • For borrowers, we focus on negotiating key terms such as interest rate calculations (fixed vs. variable), prepayment penalties, financial covenants, default triggers, and collateral requirements. We ensure flexibility for future operational needs and guard against overly broad cross-default clauses that could destabilize your business. For lenders, we verify the adequacy of security packages(mortgages, pledges, liens), ensure perfection of security interests, and strengthen recovery mechanisms. We also scrutinize representations and warranties to ensure they accurately reflect the borrower's financial condition and reduce the risk of default.
  • Beyond the initial review, we assist in document negotiation, draft ancillary security documents, and provide opinions on regulatory compliance under relevant banking and financial laws. Our goal is to transform complex loan agreements into clear, balanced instruments that secure our clients' financial interests, prevent future disputes, and ensure the terms are both commercially fair and legally robust. Whether for a corporate loan or a personal financing arrangement, our review service is a critical investment in financial security and risk management.

Debt Recovery & SARFAESI Proceedings

Our firm provides comprehensive legal support for debt recovery, specializing in both traditional litigation and the expedited mechanisms under the SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002). We represent financial institutions, banks, and NBFCs in enforcing security interests without court intervention, allowing for the swift recovery of non-performing assets (NPAs) through measures such as issuing demand notices, taking symbolic and physical possession of secured assets, and arranging for their sale through public auction. Our team ensures strict adherence to procedural timelines—including the critical 60-day response period for borrowers—to minimize delays and maximize recovery outcomes.

For borrowers facing SARFAESI actions, we offer robust defense strategies, challenging proceedings on grounds such as non-compliance with procedural requirements, wrongful classification of debt as NPA, or disputing the validity of the security interest. We assist in filing appeals before the Debt Recovery Tribunal (DRT) and, if necessary, the DRAT, to seek stays against asset possession or auction. Our approach also includes negotiating one-time settlements (OTS) or restructuring agreements with lenders to help borrowers regularize their debts and avoid the loss of secured assets.

Beyond SARFAESI, we handle debt recovery through civil suits, summary suits under Order XXXVII of the CPC, and proceedings before the DRT for unsecured debts. We also guide clients in the enforcement of decrees and awards, including attachment of properties and garnishee orders. Our expertise covers the entire ecosystem of debt resolution—from pre-litigation negotiation and settlement to complex multi-jurisdictional recovery actions—ensuring that our clients achieve optimal financial outcomes while mitigating legal risks.

Non-Performing Assets (NPA) Handling

Our firm provides end-to-end legal solutions for the management and resolution of non-performing assets (NPAs), representing both financial institutions and borrowers in navigating this complex and high-stakes area. For lenders—including banks, NBFCs, and asset reconstruction companies (ARCs)—we offer a comprehensive strategy that begins with early-stage default management and extends through robust enforcement actions. This includes initiating recovery under the SARFAESI Act, filing cases before Debt Recovery Tribunals (DRTs), and pursuing resolution under the Insolvency and Bankruptcy Code (IBC). We ensure strict adherence to regulatory guidelines issued by the RBI, guiding clients through the classification, provisioning, and reporting requirements associated with NPAs while maximizing recovery through negotiated settlements, asset sales, or legal decree enforcement.

For borrowers facing NPA classification, we provide critical defense and strategic advisory services to protect their interests and business viability. This includes challenging the classification itself on procedural or substantive grounds, negotiating one-time settlements (OTS) or restructuring plans to rehabilitate the account, and defending against enforcement actions by securing stays or appealing adverse orders. We also advise on the potential for corporate insolvency resolution processes (CIRP) initiated by financial creditors, representing corporate debtors in negotiations to achieve favorable resolution plans or, when necessary, guiding them through the acquisition process to preserve enterprise value.

Our proactive approach emphasizes early intervention to prevent accounts from slipping into NPA status through pre-default restructuring advisory and diligent documentation review. We also assist in the sale and acquisition of NPAs and security receipts, conducting due diligence and facilitating transactions between banks and ARCs. By combining deep regulatory knowledge with assertive litigation tactics, we help clients navigate the entire NPA lifecycle—from early warning and restructuring to recovery and resolution—transforming non-performing exposures into managed outcomes with clarity, efficiency, and minimized financial disruption.

Key Focus Areas:

  • SARFAESI enforcement & borrower defense
  • DRT litigation & recovery certificate execution
  • IBC corporate insolvency & resolution advisory
  • RBI compliance & NPA reporting
  • Restructuring agreements & OTS negotiations
  • Representation before ARCs & financial regulatorsInsolvency and Bankruptcy Code (IBC) Cases

Our firm offers end-to-end representation in matters arising under the Insolvency and Bankruptcy Code (IBC), 2016, guiding both financial creditors, operational creditors, and corporate debtors through India’s landmark insolvency framework. We handle the entire spectrum of IBC proceedings—from initiation of Corporate Insolvency Resolution Process (CIRP) and appointment of Resolution Professionals to approval of resolution plans and liquidation. Our expertise ensures that our clients’ interests are robustly represented before the National Company Law Tribunal (NCLT), appellate authorities (NCLAT), and in cross-border insolvency matters.

For creditors, we specialize in filing compelling petitions under Sections 7 and 9 of the IBC, with a focus on documentation, evidence of default, and adherence to timelines. We also assist in committee of creditors (CoC) formations, evaluating resolution plans, and negotiating terms that maximize recovery. For corporate debtors, we provide strategic defenses against admission of insolvency petitions, facilitate pre-packaged insolvency resolutions, and support management during the moratorium period. Our team is also adept at representing resolution applicants in plan submission and approval processes, ensuring compliance with IBC regulations and feasibility of implementation.

Beyond CIRP, we handle voluntary liquidation, fast-track corporate insolvency, and individual bankruptcy proceedings. We also litigate contentious issues such as avoidance transactions (preferential, undervalued, or fraudulent), claims of fraudulent or malicious initiation, and approval of resolution plans challenged on legal grounds. Our holistic approach includes pre-insolvency advisory to help clients avoid financial distress and post-resolution compliance to ensure smooth implementation of approved plans.

Key Focus Areas:

  • Admission and dismissal of IBC petitions
  • Representation in CoC meetings and negotiations
  • Resolution plan drafting and feasibility analysis
  • Litigation in avoidance applications
  • Cross-border insolvency protocols
  • Operational creditor claims and disputes

Leveraging our deep understanding of evolving IBC jurisprudence, we help clients navigate this powerful legislation to achieve financial restructuring, business rescue, or efficient exit, turning insolvency challenges into opportunities for recovery and renewal.

Drafting Employment Contracts

Our firm specializes in the meticulous drafting and vetting of employment contracts, ensuring that these foundational documents clearly define the relationship between employer and employee while safeguarding our clients’ legal and business interests. We craft customized agreements that address critical elements such as position details, compensation structure, benefits, confidentiality obligations, intellectual property ownership, and termination clauses. Our approach ensures full compliance with applicable labor laws, industry-specific regulations, and evolving judicial precedents, thereby minimizing the risk of future disputes and litigation.

We place particular emphasis on protecting sensitive business assets through well-drafted restrictive covenants, including non-compete, non-solicitation, and non-disclosure clauses that are carefully tailored to be reasonable in scope, duration, and geography—enhancing their enforceability should a dispute arise. For senior executives and specialized roles, we develop detailed service agreements that outline performance expectations, key result areas, stock option plans, and severance arrangements. We also assist in drafting fixed-term contracts, consultant agreements, and independent contractor agreements, ensuring proper classification of workers to avoid legal missteps.

Beyond initial drafting, we provide strategic advice on implementing these contracts across organizations and offer negotiation support for key hires. We also review existing employment agreements to identify potential risks, update terms in response to legal changes, and ensure alignment with company policies. By combining legal precision with practical commercial awareness, we create clear, balanced, and legally sound contracts that promote positive employer-employee relationships while providing a strong framework for protecting organizational interests.

Handling Labour Disputes & Disciplinary Actions

Our firm provides comprehensive legal support to employers in managing labour disputes, disciplinary proceedings, and employee grievances with a focus on compliance, risk mitigation, and dispute resolution. We assist in conducting domestic inquiries that adhere to principles of natural justice, ensuring proper documentation, fair hearing processes, and legally sustainable outcomes. Our team drafts charge sheets, show-cause notices, and inquiry reports, and represents management in proceedings before labour courts, industrial tribunals, and commissioners under various labour statutes.

We guide clients through complex disputes involving wrongful termination, sexual harassment (POSH), discrimination, wage claims, and unfair labour practices. For ongoing conflicts, we offer mediation and negotiation strategies to achieve amicable settlements where possible, avoiding prolonged litigation. In cases requiring aggressive advocacy, we litigate matters before judicial forums, leveraging our deep understanding of industrial employment laws, contract labour regulations, and evolving judicial precedents to secure favorable rulings.

Beyond reactive measures, we help clients implement proactive disciplinary frameworks—including robust employment policies, codes of conduct, and performance management systems—to minimize disputes. We also conduct training workshops for HR teams and managers on lawful disciplinary actions, evidence collection, and legal compliance. Whether defending against individual claims or managing large-scale industrial disputes, our approach balances legal rigor with practical business sensitivity, protecting our clients’ operations and reputation while ensuring productive employer-employee relationships.

Key Services:

  • Domestic inquiry management & legal representation
  • POSH complaints handling & compliance
  • Litigation in labour courts & high courts
  • Grievance redressal mechanism design
  • Strike, lockout, and retrenchment advisory
  • Compliance with awards and settlement agreements.

BANKING & FINANCE

  • Loan agreement review
  • Debt recovery and SARFAESI proceedings
  • Non-performing assets (NPA) handling
  • Insolvency and Bankruptcy Code (IBC) cases
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Frequently asked questions

How can I get a professional loan agreement review in India to avoid hidden risks and onerous terms?

At Chennai Legal Services LLP, our loan agreement review lawyers in Chennai examine your loan contracts for hidden clauses, excessive penalties, and unfair obligations. We provide a detailed analysis of terms, suggest modifications, and ensure compliance with the Indian Contract Act, 1872, and RBI guidelines. A professional review safeguards both borrowers and lenders from potential legal disputes.

What legal options are available for banks and borrowers under SARFAESI for debt recovery?

The SARFAESI Act, 2002 empowers banks and financial institutions to recover secured debts without court intervention. Our SARFAESI legal experts in Tamil Nadu assist lenders in enforcing security interests through notices and auctions, and guide borrowers to contest wrongful actions, negotiate repayment, or seek relief in courts. We ensure that both parties adhere to statutory procedures while protecting their rights.

How can non-performing assets (NPAs) be legally managed or resolved in India?

NPAs can be managed through restructuring, one-time settlements (OTS), or recovery through debt enforcement tribunals. At Chennai Legal Services LLP, our NPA recovery lawyers help banks and borrowers navigate legal frameworks, draft restructuring agreements, and file necessary applications under the SARFAESI Act or Debt Recovery Tribunals (DRT). Proactive legal management reduces defaults and ensures compliance with RBI regulations.

What services do lawyers provide for corporate and personal insolvency under the IBC (Insolvency and Bankruptcy Code)?

Under the Insolvency and Bankruptcy Code, 2016, lawyers assist with corporate insolvency resolution, personal bankruptcy filings, and liquidation processes. At Chennai Legal Services LLP, our IBC insolvency lawyers in Chennai represent creditors and debtors in NCLT proceedings, prepare resolution plans, handle creditor claims, and advise on compliance and legal strategy to maximize recovery and protect stakeholder interests.

How can borrowers defend themselves against wrongful NPA classification or SARFAESI enforcement actions?

Borrowers facing wrongful classification or enforcement can file objections before banks, Debt Recovery Tribunals, or High Courts. Our defense lawyers in Chennai help clients gather evidence, draft notices, and pursue legal remedies under SARFAESI and RBI guidelines. Effective legal support ensures borrowers’ rights are protected while exploring alternative settlement or restructuring options.

What role do lawyers play in negotiating restructuring agreements, one-time settlements (OTS), and recovery strategies?

Lawyers facilitate mutually beneficial settlements between lenders and borrowers by drafting restructuring agreements, OTS contracts, and repayment plans. At Chennai Legal Services LLP, we guide parties through negotiation, ensure compliance with RBI restructuring frameworks, and provide enforceable documentation that reduces default risk while maintaining legal safeguards for both sides.

How can financial institutions ensure compliance with RBI guidelines during debt recovery and insolvency proceedings?

Banks and financial institutions must follow RBI master directions, prudential norms, and statutory procedures during debt recovery. Our compliance lawyers in Chennai advise clients on SARFAESI notices, DRT filings, NPA classification, and IBC processes, ensuring all steps comply with Indian laws and regulatory requirements. Legal oversight minimizes litigation risk and enhances recovery efficiency.