SDS ADVOCATES - Key Persons
Job Titles:
- Partner, Banking & Finance and Corporate
- Senior Partner and Head of Banking & Finance
- Senior Partner and Head of Corporate
Mr. Sachiv Kumar is Senior Partner and Head of Banking & Finance and General Corporate Team. He has been recently awarded with 'Top Law Firm' by Forbes Legal Powerlist, ‘Best Emerging Corporate Lawyer' in Asian Region' by Global Legal Association, Amsterdam, 2023, ‘Distinguished Corporate Lawyer' Award-2023' by Business Connect Magazine, 2023, and Global Lex Falcon Awards, Dubai 2022' for impactfully contributing to the legal industry.
Mr. Sachiv Kumar holds a BBA. LL.B. Degree from Symbiosis Law School, Pune. He is admitted to practice in India and have experience in handling both Indian and English law/cross border deals for more than 15 years. His area of practice spans Banking and Finance, Factoring, Fintech Laws, Digital Lending, Projects, General Corporate, Real Estate, IBC and Foreign Exchange Laws. Areas of expertise in Finance includes Mergers & Acquisition, Capital Markets, Working Capital Facility, Term Loan, Due Diligence, Project finance, Securitisation, NCDs, CCDs, Regulatory and Compliance practice, External Commercial Borrowings, participation in FCCBs, risk participation, equipment financing, trade credits, syndicated deals, Security creation, etc. Experienced in the entire range of finance deals- ship financing, aircraft financing and Asset Backed Finance. Also advised lenders on syndication, secondary trading of debt and events of default and restructuring.
He represents many companies in India for corporate advisory and litigation matters. We are currently empanelled/ working with major clients including Banks/FIs. Having worked extensively for various industries and sectors, he has gained an extensive experience in variety of fields. He is well versed with the nuances of the corporate documentation, advisories and provide practical solutions within the framework of law. He is currently very much active in the sphere of fintech laws, digital lending guidelines, factoring laws and advisories, mergers, capital market, Data Protection, IT Laws, Labour Laws, IPR, CSR, IBC and advising financial as well as operational creditors in IBC matters and advising corporates for various other ancillary issues. He is also very much active in advising Fintech and start-ups in their various legal requirements including raising of funds and related documents such as SSA, SHA, Investment Agreement, etc and providing due diligence and audit related services.
His approach inculcates ethics that best suits the clients need and work towards the satisfaction of his clients. His out of the box thinking to a particular issue and providing solution which is in the best interest of the client is what sets him apart. He takes extra care to ensure that his clients feels assured, focused and on track throughout the tenure of our arrangement.
Mr. Subir Kumar, Founder, SDS Advocates, is experienced in the field of International Commercial Arbitration, Dispute Resolution, litigation, corporate laws and specializes in civil and commercial disputes, criminal laws including white collar crime, service matters, indirect and direct taxes, insolvency laws, property laws, arbitration, power sector, banking and finance, energy sector including power and gas, infrastructure and intellectual property matters.
He has appeared in relation to various matters, including for the Ministry of Finance and Union of India, before the Bombay High Court and Central Administrative Tribunal. Mr Kumar is experienced in the drafting of service and insolvency matters and has appeared before the NCLT, NCLAT and Central Administrative Tribunal and in writ petition, suits, special leave petitions, arbitration matters and other petitions before the High Courts and the Supreme Court of India. He has drafted and appeared before the Maharashtra Electricity Regulatory Commission; Appellate Tribunal for Electricity, New Delhi; Debt Recovery Tribunal; and High Courts and represented banks in various litigations before the DRT, DRAT, BIFR, AAIFR, Trial Courts, High Courts and Supreme Court of India. He has drafted company petitions before the NCLT - Mumbai and Delhi; Company Law Board and High Courts and represented companies in litigations including incorporation and registration of documents with the Registrar of Companies, winding-up and amalgamation petition suits. He has conducted company due diligence and worked extensively on writs, property disputes, electricity laws, company laws, service laws, arbitration, testamentary matters, family laws, excise and income tax matters and criminal matters including economic offences.
Mr Kumar is experienced in drafting documents such as memorandum of entry, deed of hypothecation, indenture of mortgage, pledge agreement and share pledge agreement. He has good knowledge of stamp duty implication, board resolution and title search of property to ascertain its marketability, among others. He has drafted matter including SLPs, plaints, writs, statements of claims, original applications, rejoinders etc. Some examples of his drafting are: the Parallel License Application under the Electricity Act, 2003; Software Licensing Agreement; Service Provider Agreement with Airline and Telecom Company; Confidentiality/Non-Disclosure Agreement; Facility Agreement including Term Loan and Working Capital; Board Resolution; Labor Laws Agreements; Hire Purchase Agreements and Drilling and Compressor Agreements.
Prior to founding SDS Advocates in 2013, Mr Kumar started his career at Paras Kuhad & Associates, Mumbai and DSK Legal and interned at various law firms including Paras Kuhad & Associates; Luthra & Luthra Law offices; and Fox Mandal Little. He prepared a paper presentation on "Foreign Venture Capital Investor" while at Luthra & Luthra Law Offices, Mumbai, in 2008 and a project on "Derivatives and its implication" while at Paras Kuhad & Associates also in 2008. Mr Kumar is a Member of the International Chamber of Commerce (Corporate Member); International Bar Association; Confederation of Indian Industry; and INSOL India. He is admitted to the Bar Council of Maharashtra & Goa, and is admitted to practice before the Original and Appellate side of the High Court of Judicature at Bombay and its various benches, CAT, NCLT, NCLAT, Supreme Court of India, all Tribunals, and High Courts within the territorial jurisdiction of Bombay and India. He holds key positions such as Central Government Standing Counsel and is a Senior Panel