Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
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Enacted byParliament of India
Status: In force

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (also known as the SARFAESI Act) is an Indian law. It allows banks and other financial institution to auction residential or commercial properties(of Defaulter) to recover loans.[1] The first asset reconstruction company (ARC) of India, ARCIL, was set up under this act.[2]

Under this act secured creditors (banks or financial institutions) have many right for enforcement of security interest under section 13 of SARFAESI Act, 2002. If borrower of financial assistance makes any default in repayment of loan or any installment and his account is classified as Non performing Asset by secured creditor,then secured creditor may require before expiry of period of limitation by written notice

Summary[edit]

The law does not apply to unsecured loans, loans below 100,000 or where remaining debt is below 20% of the original principal. This law allowed the creation of asset reconstruction companies (ARC) and allowed banks to sell their non-performing assets to ARCs. Banks are allowed to take possession of the collateral property and sell it without the permission of a court.[2]

Amendments[edit]

The act was amended by "Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016", passed by Lok Sabha on 2 August 2016.[3] Act passed by Rajya Sabha by voice vote on August 10, 2016.

Notable verdict[edit]

Mardia Chemicals Ltd. v. ICICI Bank[edit]

In Mardia Chemicals Ltd. v. ICICI Bank, on 8 April 2004, the Supreme Court of India declared the Sarfaesi Act to be constitutionally valid. The Court said that a borrower may appeal against the lender in the debt recovery tribunal, without having to deposit 75% of the amount of the debt. If the tribunal does not stay the order, the lender may sell the assets.[4]

After this law passed, on 27 November 2002, ICICI Bank took possession of Mardia Chemical plant in Vatva, Ahmedabad district, Gujarat.[5] ICICI Bank was owed 300 crore, in all it owed 1,450 crore to 20 lenders.[4][5]

See also[edit]

References[edit]

  1. ^ "What is the Sarfaesi Act?". Business Standard. 16 March 2015. Retrieved 10 March 2015.
  2. ^ a b Pathak (1 September 2007). The Indian Financial System: Markets, Institutions And Services, 2/E. Pearson Education India. p. 589. ISBN 978-81-7758-562-9. Retrieved 10 March 2015.
  3. ^ "Lok Sabha passes bill to fast track debt recovery", The Economic Times, 2 August 2016
  4. ^ a b "Banks can sell secured assets of defaulters: SC". The Economic Times. 8 April 2004. Retrieved 10 March 2015.
  5. ^ a b "ICICI Bank Takes Over Mardia Chemicals Unit Under NPA Act". Retrieved 10 March 2015.

Further reading[edit]