All categories
Securitisation Asset Reconstruction and Enforcement of Security Interests

Securitisation Asset Reconstruction and Enforcement of Security Interests

  • ₹2,495.00

In Stock

.........................................................................................................................
Description
Since the last edition of the book, there have been several significant changes in the law pertaining to enforcement of security interests, of which there are three that deserve mention here. First, the scenario of cohesive and balance lawmaking on enforcement of security interests and insolvency resolution in India went for a comprehensive recast with the enactment of Insolvency and Bankruptcy Code, 2016. Prior to the Code, the SARFAESI Act was standing out as an odd-looking monolith on the landscape of resolution of financial distress in the country. I had made this point consistently in the previous editions that the passing of the SARFAESI Act was almost like a reaction to the lopsided scenario that prevailed after the enactment of the Sick Industrial Companies Act. While the Sick Industrial Companies Act provided succour to the borrower against enforcement actions by banks, it did not provide bankers any effective mechanism for recovery, thereby making the scenario extremely debtor-friendly. The SARFAESI Act tried the peculiar way of creating a balance, by swinging the balance towards the other extreme - that is, towards the lender. In its largely banker-inspired provisions, the SARFAESI Act virtually made the revival of companies impossible by providing for the reference to stand abated if there was a transfer of financial assets to an asset reconstruction company. In essence, the law failed to realize that there is a stark contrast between creditor remedies and holistic remedies - the latter getting issues of equity and fair play to the interests of other stakeholders, including the shareholders.
.........................................................................................................................
Contents
Part I  :  Introduction to Securitisation, Asset Reconstruction and
Enforcement of Security Interest

Chapter 1  :   Introduction to Securitisation
Chapter 2  :   The Indian Securitisation Market
Chapter 3  :   RBI's Guidelines on Securitisation of Performing Assets
Chapter 4  :   Taxation of Securitisation Transactions in India
Chapter 5  :   Non-Performing Loans-A Global Problem
Chapter 6  :   Asset Management Companies and Resolution of NPLs
Chapter 7  :   Non-Performing Loans-A Slew of Measures
Chapter 8  :   Asset Reconstruction Companies in India : Genesis and Performance
Chapter 9  :   Law and Practice of Asset Reconstruction in India
Chapter 10 :  Introduction to Global Laws on Security Interests
Chapter 11 :  Debt Recovery Law in India: An Overview
Part II  :  Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002

Chapter 1   :   Preliminary
Chapter 2   :   Regulation of Securitisation and Reconstruction of Financial
                     Assets of Banks and Financial Institutions
Chapter 3   :   Enforcement of Security Interest
Chapter 4   :   Central Registry
Chapter 5   :   Offences and Penalties
Chapter 6   :   Miscellaneous
Part III  :  Subordinate Law (Rules, Directions, etc.) With Comments
1.   Security Interest (Enforcement) Rules, 2002
2.   Securitisation and Reconstruction of Financial Assets and Enforcement of
       Security Interest (Central Registry) Rules, 2011       
3.   SARFAESI Act (Removal of Difficulties) Order, 2004
4.   ARC Directors and Directions and Guidelines
5.   Guidelines for Banks for Disposal of Non-Performing or Financial Assets
6.   SARFESI Notifications
7.   Application Form for Setting Up ARCS
8.   Form of Application for Certificate of Registration to Commence/Carry on
      the Business of A Secuitisation Company or Reconstruction Company
Part IV  :  Reference Law : Statues Integrally Referred in The Main Law
Appendices
Subject

.........................................................................................................................
Author Details
Vinod Kothari :
Chartered Accountant, Chartered Secretary,
Director, Indian Securitisation Foundation
....................................................................................................................

Write a review

Note: HTML is not translated!
    Bad           Good

Similar Products

Recently Viewed