Sectors & Practice Areas / Sectors / Banking

Brief overview on Banking

   Banking law is a specialisation related to businesses which addresses the organization, ownership, and operation of banks and depository institutions, mortgage banks, other providers of financial services regulated or licensed by state or federal banking regulators, and holding companies (bank and other financial organizations). It also covers representation of banks and other financial organizations in lending transactions to borrowers and compliance with consumer and other laws involving all aspects of financial services provided by banks and other financial organizations.

The past few years have been the most challenging in the history of the international financial markets and have required fresh thinking as the markets adjust to continually changing economic, political and regulatory conditions. Renowned for our intellectual rigour, our banking and finance lawyers draw on deep product expertise and regularly work alongside our regulatory, litigation, restructuring and other specialists particularly important in light of recent market conditions to develop innovative solutions for our clients, often incorporating complex financing techniques that lead the industry.

Relevant Banking Laws:

1.   

Societies Registration Act

1860

2.   

The Bankers’ Books Evidence Act

1891

3.   

Indian Stamp Act

1899

4.   

Co-operative Societies Act

1912

5.   

Provident Funds Act

1925

6.   

The Reserve Bank of India Act

1934

7.   

Insurance Act

1938

8.   

Central Excise Act

1944

9.   

Public Debt Act

1944

10.              

International Monetary Fund and Bank Act

1945

11.              

Employees’ State Insurance Act

1948

12.              

The Industrial Finance Corporation of India Act

1948

13.              

The Banking Companies (Legal Practitioner Clients’ Accounts) Act

1949

14.              

The Banking Regulation(Companies) Rules

1949

15.              

The Banking Regulation Act

1949

16.              

Contingency Fund of India Act

1950

17.              

The State Financial Corporations Act

1951

18.              

Employees Provident Fund and Miscellaneous Provisions Act

1952

19.              

The Reserve Bank of India (Amendment and Misc. Provisions) Act

1953

20.              

The State Bank of India Act

1955

21.              

The State Bank of India (Subsidiary Banks) Act

1959

22.              

The Subsidiary Banks General Regulation

1959

23.              

The Deposit Insurance and Credit Guarantee Corporation Act

1961

24.              

Nationalization of Banks Act (However, the government decided to nationalize 14 major commercial banks on 19th July 1969)

1964

25.              

Banking Laws (Application to Co-operative Societies) Act

1965

26.              

Banking Companies (Acquisition and Transfer of Undertaking) Act

1969

27.              

The Nationalized Banks (Management and Miscellaneous Provisions) Scheme

1970

28.              

The Banking Companies (Acquisition and Transfer of Undertakings) Act

1970

29.              

The Regional Rural Banks Act

1976

30.              

Foreign Contribution (Regulation) Act

1976

31.              

The Banking Companies (Acquisition and Transfer of Undertakings) Act

1980

32.              

The Export-Import Bank of India Act

1981

33.              

The National Bank for Agriculture and Rural Development Act

1981

34.              

Chit Fund Act

1982

35.              

Shipping Development Fund Committee (Abolition) Act

1985

36.              

Banking Companies (Regulation)Rules

1985

37.              

The National Housing Bank Act

1987

38.              

SIDBI Act

1989

39.              

SIDBI General Regulations

1990

40.              

Industrial Reconstruction Bank (Transfer of Undertaking & Appeal) Act

1997

41.              

Foreign Exchange Management Act

1999

42.              

Insurance Regulatory and Development Authority Act

1999

43.              

The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act

2002

44.              

Industrial Development Bank (Transfer of Undertaking & Repeal) Act

2003

45.              

Credit Information Companies (Rules & Regulation) Act

2005

46.              

Government Securities Act

2006

47.              

The Banking Ombudsman Scheme

2006