Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. In this course, you will learn as to how the mediator manages the interaction between parties and facilitates open communication.
Course Overview
In this course you’ll learn the following:
Mediation and its features,
Documentation, formalities, and literature required for mediation,
How to meet and greet the parties which are having disputes,
How to arrive at the most important issues that need resolution,
How to get the parties to a consensus
This course will help you conduct mediation or participate in mediation as an advocate for either party.
What are the different types of loans you can get from a bank?
Why do you have to give security for a loan?
And what type of assets you can give as security?
These are some of the questions that one will find an answer to in this course. In the course, Ms Sonchhatra discusses the cardinal principles of lending. The course focusses on the process of creating security on different kinds of assets.
COURSE OUTLINE
1. Introduction
Welcome
Supplements
2. Banks and lending
What is a bank and what is banking?
Banks’ lending business
Principles of lending
Kinds of lending
Priority sector lending
3. Evaluating the borrower
Creditworthiness of the borrower
Principle of 5Cs
Credit Information Companies
4. Understanding fund-based loans
Classification: fund based and non-fund based loans
Fund based: cash credit loans
Fund based: overdraft facility
Fund based: term loan
Fund based: bill discounting facility
5. Understanding non-fund based loans
Introduction
Non-fund Based: Bank Guarantee
Financial and performance guarantees
Non-fund based: letter of credit
Non-fund based: Types of letter of credit
6. Security for bank loans: mortgages
Understanding mortgages on immovable properties
Equitable and registered mortgages
Importance of title search reports
7. Security for bank loans: hypothecation
Movable property
Fixed charge and floating charge
Hypothecation
8. Security for bank loans: pledge
What is a pledge?
Depository and depository participant
How to create a pledge?
9. Other kinds of security
Lien on fixed deposits
Assignment of book debts, and life insurance policies
10. Conclusion: different kinds of security
Summing up the different types of securitySecurity perfection and CERSAI Filing
11. Security perfection and CERSAI Filing
Paying stamp duty, registering charges and mortgages
An M&A event is an evolutionary milestone in a company’s lifetime. It impacts its human resources, governance, customer relationships, intellectual property, control and management and at times the company’s own existence.
A complete M&A transaction is a product of planning, strategy and foresight of the several players involved. Every step in a deal process is essential and if well calibrated has the potential to lead to a win-win situation for the parties concerned.
The course begins by understanding the M&A process and one’s role as a lawyer in that process. Then the course moves on to the whole structure of M&A transactions and how to go about them? And what are the applicable laws? Mr Mathur also discusses in detail about drafting M&A agreements. The acquisition agreements are broken into their components and examined in the context of how they would function in a deal. By the end of this course, one will be well versed with the entire deal process from start to finish, i.e. from pre-deal stage to post-deal integration and disputes. As a part of the course, Mr Tarun Mathur has also included several supplements of draft agreements and clauses that will be useful.
COURSE OUTLINE
1. Introduction
Welcome and scope
Understanding the team and a lawyer’s role
Becoming an M&A lawyer
Supplements
2.Understanding Corporate Transactions
Mergers
Amalgamations or scheme of arrangement
Acquisition
Stock acquisition
Asset sale or slump sale
Joint ventures
3. Undertaking M&A Transactions
Identifying the motives and triggers for an M&A transaction
Identifying the other party and preliminary evaluation
Kick-off meeting
Due diligence
Negotiations
Signing the agreement and other formalities
Structuring the transaction
Structuring considerations of the parties
Stock versus asset-purchase considerations
Supplements
4. Leveraged Buyouts and Management Buyouts
Leveraged buyouts
Management buyouts
Leveraged and management buyout process
5. M&A Transaction: Legal Requirements and Issues
Applicable laws
M&A and Companies Act: Provisions on share transferability
