NLSUI OPAC header image

The securitisation and reconstruction of financial assets and enforcement of security interest act, 2002

Roshny Thomas

The securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 - BangaloreBangalore NLSIU 2008 - 81 p. ; 25 cm.

CONTENTS 1. List of cases referred; 2. List of Abbreviations; 3. Introduction; Research Methodology; 1.1 Objective of the study; 1.2 The main hypothesis; 1.3 Research Questions; 1.4 Mode of Citation; 1.5 Chapterisation; 4. The dilemma of Non- Performing Assets ailing the Indian banking sector; 2.1 Causative Factors of NPAs; 2.2 Classification of non-performing assets; 2.3 Why should we tackle NPAs?; 2.4 Specialised Legal measures initiated to manage NPAs; 3. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - An Overview; 3.1 Evolution of the Act; 3.2 The SARFAESI Act, 2002 -An Overview; 3.2.1 Securitization and Reconstruction of Financial Assets; 3.2.2 Enforcement of Security Interest; 3.3 The Act not to be applicable in certain cases (Sec. 31); 3.4 Effect of takeover of management (Sec. 15); 3.5 Directors' personal liability; 3.6 Grievance settlement mechanism and penal provisions; 4. The interface between SARFAESI Act, 2002 and other Statutes;. 4.1 State Financial Corporations Act, 1951; 4.2 DRT Act, 1993; 4.3 Companies Act, 1955; 5. Constitutionality of the Act; 5.1 Doctrine of election; 6. Securitisation- Concept & Procedure; 6.1 Parties to Securitisation; 6.2 Process of Securitisation; 6.3 Impact on Banking; 7. Asset Reconstruction Companies; 7.1 ARCs- The Global Scenario; 7.2 ARCs- The Indian experience; 8. SARFAESI Act, 2002- A Critical Analysis; 9. Conclusion and Suggestions; 10. Bibliography; 11. Annexure I.


Indian Banking - Non-Performing Assets Securitisation - Concept & Procedure