Banking and Finance Contracts: Legal Frameworks and Trends

Course Objectives:

• To understand the core legal principles governing banking and finance contracts.
• To analyze the key elements of various banking and finance contracts, including loan agreements, security agreements, and derivatives.
• To explore emerging trends and recent developments in the legal landscape of banking and finance.
• To critically assess the impact of regulatory frameworks on banking and finance contracts.

Introduction to Banking and Finance Contracts

• Overview of Banking and Finance Law
  • Key concepts and terminologies
  • Legal foundations of banking and finance contracts
  • Role of financial institutions in contract formation
• Types of Banking and Finance Contracts
  • Loan Agreements (terms and conditions)
  • Credit Facilities (overdrafts, lines of credit)
  • Security Interests (mortgages, pledges)
• Contract Formation and Enforcement
  • Offer, acceptance, consideration
  • Legal enforceability of banking contracts
  • Risk management considerations

Loan and Credit Agreements

• Structure of Loan Agreements
  • Types of loans: Secured vs. unsecured, term loans, revolving credit
  • Key clauses: Interest rates, repayment terms, covenants
  • Negotiation and drafting considerations
• Credit Risk and Loan Default
  • Legal remedies for loan defaults
  • Dispute resolution mechanisms in loan contracts
  • Role of credit ratings and assessment

Security and Collateral in Banking Contracts

• Security Interests and Collateral Agreements
  • Common forms of security: Mortgages, charges, pledges
  • Legal implications of securing debts with collateral
  • Perfection and priority of security interests
• Enforcement of Security Interests
  • Procedures for foreclosure, repossession, and sale
  • Bankruptcy and insolvency considerations
  • Cross-border enforcement of security interests

Emerging Trends and Regulatory Impact

• Legal Trends in Banking and Finance Contracts
  • Technological developments (blockchain, digital banking)
  • Environmental, social, and governance (ESG) considerations in contracts
  • Innovations in financial products (derivatives, fintech contracts)
• Regulatory Frameworks
  • Role of international and local regulations (e.g., Basel III, Dodd-Frank Act)
  • Impact of regulatory bodies on contract drafting
  • Recent legal developments and their implications for the banking sector

DATE:
1ST BATCH: 4th – 7th Mar, 2025
2ND BATCH: 17th – 20th June, 2025
3RD BATCH: 21st – 24th Oct, 2025