National Seminar on Money & Debt Recovery Laws

“Legal Fundda Infotrain & Mission Knowledge Presents”   

“National Seminar on Money & Debt Recovery Laws”          

On Saturday, 29/06/2019 at Pune, Maharashtra.  

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1. Insolvency and Bankruptcy Code – A new paradigm for stressed assets:  

• Understanding the IBC  
• Understanding the process followed in bankruptcy proceedings
• Important clauses of IBC which every company should know   Insolvency professional and its role   
• Precautions to be taken in case of insolvency proceedings   
• Use of IBC in recovery of amounts due  
• Role of IBC in current market scenario   
• Investment opportunities in stressed assets  
• Scrutiny of documentation etc. is a key requirement for investment
• What’s better resolution through out of court settlement or resolution through IBC   
• Recent Supreme Court/ High Court Judgements

SPEAKER: Mr. Abhijeet Tople, Head Legal, Jio Financial Services, Reliance Jio Infocomm Ltd.   

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2 Perfect Loan recovery tools for companies and financial Institutions:     

A) SARFAESI ACT  

• Understanding SARFAESI and its process  
• Use of SARFAESI effectively  
• Problems faced by recovery team during possession and solutions for the same   
• Precautions to be taken during the proceedings   
• Documentation requirements for the SARFAESI and how to maintain it  
• Coordination between teams is a key to success in recover   
• How banks, NBFCs take actions under SARFAESI  
• Current market sentiments about SARFAESI   

B) Arbitration   

• Understanding Arbitration   
• Amendments to Arbitration Act  
• How to effectively use Sec 9 and 17 of the Arbitration Act  
• Impact on recovery due to amendments in Arbitration Act  
• Is Arbitration an effective remedy for recovery?   
• How to execute Arbitration Award   

C) Negotiable Instrument Act and CRPC  

• Understanding the recovery methods using Negotiable instrument Act and CRPC  
• Is litigation under Sec 138 of the Negotiable instrument Act effective
• Process to be followed during litigation   
• Importance of documentation and how to maintain the documents
• Is out of court a perfect solution in case of Sec 138 complaints?
• Important judgements you should know   
• How banks and NBFC and the companies take actions under these provisions

SPEAKER: Mr. Rohit Salwaan, Head Legal, India Infoline Ltd.    

-------------------------------------------------------------------------------------------3 The Micro, Small and Medium Enterprises Development Act, 2006:   

• Important definitions  
• Classification of enterprise  
• Memorandum of MSME.  
• Liability of buyer to make the payment to MSME  
• Date from which and rate at which interest is payable.   
• Recovery of amount due.  
• Reference to Micro and small Enterprises Facilitation Council.  
• Application for setting aside decree, award or order.    
• MSME Facilitation Councils  
• Requirement to specify unpaid amount with interest in the annual statement of accounts.   
• Interest not to be allowed as deduction from income.   
• Penalty for contravention of section 8 or section 22 or section 26 and Jurisdiction of courts and Appeal.  
• Recent Supreme/High Courts Judgements

SPEAKER: Mr. Subhash Shete Asst. General Manager-Legal & Compliance, Valvoline Cummins Pvt. Ltd.  

-------------------------------------------------------------------------------------------4 Agreements and Litigation – A perfect way to secure your interest:       

A) Agreements   

• Understanding agreements  
• How to draft, vet, negotiate agreements in shorter period of time and save huge cost and increase the profits   
• Can agreements save your rights   
• What everyone should know about the agreements   
• Who should read agreements   
• What Directors, owners of the companies know about the agreements   
• Important clauses in an agreement which everyone should know  
• What should be the process for agreement drafting, vetting and negotiation   

B) Litigation   

• How agreements help in litigation   
• How to handle litigation effectively   
• Which litigation should be filed for recovery of amounts due and how to handle it effectively for recovery in shortest period of time.    

C) Importance of Documentation   

• Maintenance of documentation   
• How documentation support the litigation   
• Issues faced by the Companies due to incomplete documentation
• Filing of documentation   
• Importance of Stamp duty on documentation including various agreements, mortgages, hypothecation, business agreements etc. 
• Assessment of stamp duty and adjudication procedure.

SPEAKER: Mr. Abhijeet Tople, Head Legal, Jio Financial Services, Reliance Jio Infocomm Ltd.   

-------------------------------------------------------------------------------------------5 Panel Discussion – How to protect company form litigation:   

Strategies to be followed for safeguarding interest of company.   Due diligence.   

Role of each employee and departments in safeguarding the company.  

Company polices to be framed for safeguarding company.  

How to ensure compliance with applicable laws and safeguard company.  

Is settlement of dispute an effective remedy.

PANEL MEMBERS: Mr. Abhijeet Tople,  Mr. Rohit Salwaan,  Mr. Subhash Shete.      

-------------------------------------------------------------------------------------------ABOUT OUR EXPERT SPEAKERS –      

Mr. Abhijeet Tople: Head Legal, Jio Financial Services, Reliance Jio Infocomm Ltd,

He has 19 years’ experience out of which 14 years as an advocate & In-House Legal counsel and 5 years in core sales, marketing, manufacturing as sales manager, production engineer, TV news reader etc. He is an expert in Contract drafting, vetting and negotiations including in Joint Ventures, Compliance, BOT, EPC, Concession Agreements, M & A, Civil, Criminal & Consumer litigation & arbitration, legal advisory, IPR, Recovery of Amounts due, Recovery litigation, Liaising etc. He has handled litigation and agreements worth Rs.2000 crore and more. He has been providing services to variety of businesses including Manufacturing, NBFC, Financial Services, Payment Wallet, Payments Bank, Software, Construction, Forging, Education, Toll Road, Special Economic Zone, Power Generation, Wind Mill, Distribution of Mutual Financial Product, Insurance, Construction, FMCG, Call Center, Medicine etc.  Abhijeet has drafted, vetted, negotiated and got executed 700 agreements in just 2 (two) years i.e. approx. 30 agreements every month. He was felicitated with following awards – 

• Best In-House Counsel Award, 2018 through the hands of Mr. Ram Jethmalani at New Delhi, The award was supported by Ministry of Social Justice and empowerment. 

• The 40 under 40 rising star award, 2018 through the hands of Mr. Suresh Prabhu, Ministry of Commerce, Industries and Civil Aviation at New Delhi.  

• Best General Counsel Award, 2018 for providing best legal services to the companies and society in general, at Nagpur. 

• Finalist for In-House Counsel Award, 2019 organised by Thomson Reuters and ALB 

His article is published in Thomson Reuters magazine on “Legal Work without help from Law Firm and Cost saving for an organisation on legal work” He speaks at various forums and summits from time to time. His previous assignments include CIBIL, Bharat Forge, Kotak Mahindra Prime, Reliance Capital, Thomas Cook, UTI.        

-------------------------------------------------------------------------------------------Mr. Rohit Salwaan, Head Legal, India Infoline Ltd.    

Rohit has done his Law graduation from Campus Law Center, Delhi University having more than 16 years’ experience as a lawyers and as In-house legal counsel. Prior to joining IIFL, he was working with Kotak Mahindra Prime Ltd as National Manager-Legal. He has also practiced as an Independent advocate for four years in various District Forums at Delhi, Delhi High Court and Supreme Court. He has also worked with Max Insurance in his initial professional stint. Rohit has recently been felicitated with “Rising In-House Counsel of the Year Award, 2018 by Indian National Bar Association at Delhi.  

-------------------------------------------------------------------------------------------  Mr. Subhash Shete, Asst. General Manager-Legal & Compliance, Valvoline Cummins Pvt. Ltd.:

He is a Legal expert with 17 years of rich experience in Legal Advisory, Statutory Compliance Management, Government Affair, Debt Recovery, Legal Drafting, Legal Audit, Contract Management, FCPA, Legal Training, Litigation Management, Food Safety & Legal Metrology with organisations of repute in consumer-products, manufacturing, FMCG, e-commerce & retail sector.  He has attended & assisted in litigations related to Money Recovery, Consumer Disputes, Civil, Criminal, Food, Legal Metrology, 138 NI Act, and appeared for and on behalf of company as a representative in various courts and Statutory Authorities. He has Conducting various training programs on Code of Conduct, Foreign Corrupt Practice Act (FCPA) UK Anti-Bribery Act, Competition Act, Food Safety & Standards Act, Legal Metrology Act, Labour Laws and legal, license, compliance, policy issues. He was amongst the finalist for In-House Counsel (International) Award, 2019 organised by Thomson Reuters and ALB.    

-------------------------------------------------------------------------------------------Fees: Rs.2,000/- per participant.    

Contact: - Legal Fundda @ 8459717897 Or

e-mail  legalfundda@gmail.com   

-------------------------------------------------------------------------------------------Who should participate: It is highly useful for all types of companies including NBFC, Banks and other Financial Services. Directors, MD, CEO, Head of Departments, Managers, Legal Professionals, In-House Counsels, Recovery Professionals, Advocates, CA, SC and Students etc. 

-------------------------------------------------------------------------------------------Limited seat, first come first serve basis