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402, 4th Floor, Parwati Sadan, Near Shivpuri Overbridge, Atal Path, Patna-800001.

 
     
   
 

Financial and Banking Services

Financial and Banking Services

As a Company Secretary, our role in the financial and banking sector is to act as a bridge between the corporate entity and the lending institution. These services ensure that the bank’s interests are secured while the company remains compliant with the complex regulations of the RBI, MCA, and FEMA.

Search and Status Reports

A Search and Status Report is a vital document required by banks and financial institutions before they sanction or renew any loan facility. It provides a historical and current "health check" of the company based on Registrar of Companies (ROC) records.

    • What we provide: A comprehensive report tracing the company’s history since incorporation.
    • Key Highlights: Verification of the company’s capital structure, list of current and past directors, and a complete history of registered charges (loans) created against the company’s assets.
    • The Benefit: It gives banks the "comfort" that the company is not a defaulter and that the assets being offered as security are not already encumbered or pledged elsewhere.

ECB (External Commercial Borrowings) Compliance

When an Indian entity borrows money from a foreign source, it must comply with the RBI’s strict External Commercial Borrowings (ECB) framework. Navigating the "Automatic Route" versus the "Approval Route" requires expert precision.

    • Our Expertise: We assist in obtaining the Loan Registration Number (LRN) from the RBI, which is mandatory before drawing down any foreign funds.
    • Certification: We provide the necessary CS certifications on Form 83 and other periodic returns (ECB-2) to ensure the company remains compliant with end-use restrictions and average maturity period requirements.

Due Diligence Reports

For large-scale lending, consortium banking, or corporate takeovers, a standard search report isn’t enough. A Due Diligence Report is a deep-dive audit of the company’s legal and financial standing.

    • Scope of Work: We examine the company's compliance with the Companies Act, SEBI regulations, and FEMA. We verify shareholding patterns, board compositions, and validity of all material contracts.
    • Risk Mitigation: Our reports identify potential "red flags" or hidden legal liabilities, allowing lenders and investors to make informed decisions and mitigate credit risks.

ODI (Overseas Direct Investment) Certification

If your business is looking to expand globally by investing in a foreign subsidiary or joint venture, you must comply with Overseas Direct Investment (ODI) guidelines.

    • Regulatory Support: We help companies navigate the FEMA (Foreign Exchange Management Act) regulations regarding investments outside India.
    • Certification: We provide the required statutory certifications for submitting Form ODI to Authorized Dealer (AD) Banks, ensuring that the net worth and investment limits are within the prescribed regulatory ceiling.

Certification of Charges

A "Charge" is a right created by a company on its assets (land, machinery, etc.) in favour of a bank to secure a loan. Under the Companies Act, these must be registered and certified. In the

context of Certification of Charges, there are four primary forms filed with the Registrar of Companies (ROC) under the Companies Act, 2013.

Key Forms for Management of Charges

  • Form CHG-1: Used for the creation or modification of charges (for all assets except debentures). It must be filed within 30 days of the loan agreement to secure the lender's right over the company's assets.
  • Form CHG-4: Filed to report the satisfaction of a charge. This notifies the ROC that the loan has been fully repaid and the bank no longer has a legal claim on the specified property.
  • Form CHG-9: Specifically used for the creation or modification of charges relating to debentures. It functions similarly to CHG-1 but is tailored for debt instruments issued to multiple investors.
  • Form CHG-10: An application for extension of time for filing. If a company fails to file the creation or modification within the initial 30 days, this form is used to seek condonation of delay from the ROC.
    • Our Services: We handle the entire lifecycle of charge management—from Creation (when the loan is taken) and Modification (when loan terms change) to Satisfaction (when the loan is fully repaid).

Certifications for NBFCs

Non-Banking Financial Companies (NBFCs) operate under a specialized and rigorous regulatory environment governed by the RBI.

    • Statutory Compliance: We provide specialized certifications required for NBFCs, including the Statutory Auditor Certificate (SAC) compliance, Net Owned Fund (NOF) verification, and periodic returns to the RBI.
    • Governance Support: We ensure that the NBFC adheres to "Fit and Proper" criteria for directors and maintains the high corporate governance standards required by the Reserve Bank of India.

Note: Contact us at cskundankumar@gmail.com today to ensure your regulatory filings are handled with professional excellence and absolute integrity.

 
     
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