Lending to overseas controlling entity of an Indian SPV
Querist :
Anonymous
(Querist) 14 May 2010
This query is : Open
Hi,
I want to know whether a charge on land,building etc assets of an Indian SPV can be created in favour of a foreign lender?Whether an indian entity can be roped in as a trustee in the transaction?
The structure is as follows:The Indian SPV is having controlling promoter/sponsor entity in Mauritius/Cyprus.The lender is extending longterm loan(ECB/Structured long term loan) to the Mauritius/Cyprus entity.The underlying assets which will be required as collateral,mortgage are physically located in India.The foreign lender will require comfort in terms of charge on indian project assets of the indian SPV and appoint a trusteeship company as a trustee towards the mortgage/charge.Whether such a legal transaction is possible as per our regulatory laws?Which laws will be applicable to the same? Please help
