Unit - 20: Definition of Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest Act, (SARFAESI) 2002
Legal & Regulatory Aspects of Banking -
Unit - 20 : Definition of SARFAESI ACT , 2002 In SARFAESI Act , the definitions are given in Section 2 of the Act .
As per this Act , any person aggrieved by the order passed by the Debt Recovery Tribunal can file an appeal to the authority called as the ' Appellate Tribunal ' subject to the maintainability of the appeal.
As Per This Act, asset Reconstruction is the takeover of loans or advances from the bank or financial institution for the purpose of recovery .
Central Registry Means Registering office , set up or caused to be set up by the Central Government .
When a borrower does not pay any principal debt or any interest on the principal debt payable to the secured creditor ,such non - payment is classified as Non - Performing Asset . But As per RBI guidelines, it is called Default.
When any bank or institution grants loans or gives guarantee it is called financial assistance.
Originator is the owner of the financial asset that is acquired by a securitisation company .
Obligor Means a person liable to pay to the originator or otherwise and also includes borrower.
A Financial Institution or insurance company or a bank making an investment on behalf of a mutual fund or provident fund or a Foreign Institutional Investor , registered under the SEBI Act , 1992 or any other body corporate as may be specified by SEBI known as Qualified Institutional Buyer .
A company formed for the purpose of asset reconstruction and registered under the Companies Act , 1956 is called Reconstruction Company .
Securitisation means acquisition of financial asset by the securitisation or reconstruction company from the originator . As per Present Guidelines , the minimum capital requirement is INR 2 Crore at the time of registration and also are required to maintain Capital Adequacy of 50% of the total asset acquired or INR 100 Crore Whichever is less.
Sponsor is an entity holding not less than 10% of the paid up equity capital of securitisation or reconstruction company. 1. Preamble – An act to regulate Securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected therewith or incidental thereto 2. Appellate Tribunal – Any person aggrieved by the order passed by DRT can file an appeal to the authority called as Appellate Tribunal. 3. Asset Reconstruction - 4. Bank – All the banking companies, Nationalised banks, Cooperative banks and RRBs 5. Board – SEBI under SEBI Act 1992. 6. Borrower – granted financial assistance, given guarantee, has 7. Central Registry – All the transactions of asset Securitisation, reconstruction as well as transactions of creating security interest will have to be registered with this authority. 8. Debt Recovery Tribunal – these tribunals deal with the cases of recovery of debts. Above Rs. 10 Lakh due to banks and financial institutions. 9. Default 10. Financial Assistance 11. Financial Asset - a claim to any debt or receivables and includes : A claim to any debt or receivables or part thereof whether secured or unsecured, or Any debt or receivable secured by mortgage of or charge on immovable property or A mortgage, charge, hypothecation or pledge of moveable property, or Any right of interest in the security, whether full or part, securing debt, or 12. Financial Institution 13. Hypothecation 14. Non-Performing Asset 15. Originator 16. Obligor – Borrower or any other person liable to pay to the bank 17. Property 18. Qualified Institutional Buyer 19. Reconstruction Company 20. Scheme 21. Securitisation 22. Securitisation Company : The minimum capital requirement is Rs.200 Crore at the time of registration, and these companies are required to maintain minimum capital adequacy ratio of 15% of total asset acquired or Rs.100 crore whichever is less. It is company registered under companies act 1956 for the purpose of securitisation. The company also needs registration with RBI. 23. Security Agreement means an agreement, instrument or any other document under which security interest is created. 24. Secured Asset means property on which security interest is created. The powers given by SARFAESI Act for enforcement of securities are against secured assets only. 25. Secured Creditor 26. Secured Debt means a debt which is secured by any security interest. 27. Secured Interest – Any right, title and interest of any kind whatsoever upon the property created in favour of any secured creditor is called as secured Interest. 28. Security Receipt 29. Sponsor is a person holding not less than 10% of the paid up equity capital of securitisation company. 1. When any bank or financial institutions creates a charge against property, with which authority the transaction will have to be registered under the SARFAESI Act, 2002 – With the Central Registry 2. When the provisions of SARFAESI Act, 2002 can be invoked for proceeding against the charged property – When there is default in repayment and the bank declares the account as NPA. 3. Acquisition of financial asset from the originator is the main function of securitisation company. 4. If the borrower does not pay within 60 days after notice by the secured creditor the creditor can take possession of the security. 5. Enforcement of SARFAESI Act only if security is not in possession of the bank and financial institution.