Articles on Asset Reconstruction SARFAESI
- New! Presentation on setting up an ARC, by Vinod Kothari, 13th January, 2015
- New! RBI tweaks norms for framework for distressed assets in the economy, by Debolina Banerjee, 22nd October, 2014
- Corporate Debt Restructurings by NBFCs, by Abhirup Ghosh, 9th July, 2014
- RBI changes the regime for restructuring of project loans by Banks, by Abhirup Ghosh, 27th June, 2014
- RBI's new Guidelines on Early Detection of Distress and Steps of Recovery, by Shambo Dey, 24th March, 2014
- Can RBI's policies tackle rising NPAs deftly?, by Abhirup Ghosh, 19th March, 2014
- ARCs can convert Debt to Equity, by Nidhi Bothra, February 17, 2014
- RBI’s Framework for revitalising distressed assets leaves everyone in stress – Bank, NBFCs, Corporate Inc, CAs, advocates no one’s spared, by Nidhi Bothra and Abhirup Ghosh, February 17, 2014
- Some recent cases on SARFAESI Act, by Prachi Narayan, January 7, 2014
- Quarterly statements by ARCs goes online, by Prachi Narayan, January 1, 2014
- Some Recent cases on SARFAESI Act, Shambo Dey, December 31, 2013
- What We Need- Shift of focus from asset reconstruction to asset creation, by Prachi Narayan and Abhirup Ghosh, December 5, 2013
- Publishing defaulters' photo 'a recourse to extra-legal means' rules Calcutta High Court, by Piyush Sinha, August 19, 2013. The Article is also published in Moneylife. Click here.
- Article on originator risk retention in Securitisation - regulatory moves across the world - Vinod Kothari
- Global Securitisation Markets overview PPT by Vinod Kothari, 2013
- Landmark Judgement on SICA, by Vrinda Bagaria, 29th November, 2012
- Some recent SARFAESI and SICA Cases, by Vrinda Bagaria, 29th September, 2012
- Some recent SARFAESI, DRT and SICA Cases, by Vinod Kothari, 27th September, 2012
- Proposed changes in recovery laws to deal with bad loans, 21st December 2011, Abhijit Nagee
- Asset Reconstruction companies- Making good misuse of the Law, 27th July 2011, Vinod Kothari
- Article on SARFAESI Act Action: Abatement of references to BIFR, 28th Jan, 2011, Vinod Kothari
- "SC tells courts not to interfere in NPA recovery actions" – Note on analysis of SC Ruling United Bank of India vs. Satyawati Tondon - Nidhi Bothra, August, 2010
- Whether SARFAESI Act is applicable to derivatives dues of banks - Vinod Kothari
- Vinod Kothari's article on Asset reconstruction companies: India lacks thinking or reasoning
- Vinod Kothari's article on the latest RBI Guidelines on securitisation and reconstruction
News & Developments:
- CDOs knocking at the door, as Junk bond sales zoom
- CRI's Research Report on China's Asset Securitization, 2013 - 17
- BofA-MBIA securitisation litigation trudges on
- Asset Securitisation Business of Securities Companies to get a new Administrative Rules says CSRC
If you are aware of any Court ruling/ proceeding in the matter, you are welcome to contribute
My Column by Vinod Kothari:
Stamp duty on assignment of receivables-
Some people seem to have taken the view that with the ordinance provides for a process of legal vesting of loans into the securitisation company and therefore, the stamp duty implications of transfer of actionable claims are dispensed with.
Most respectfully, this is not a correct view. True, there is a vesting of the loans into the securitisation company/ ARC, but such vestnig is only the outcome of the agreement, which is true for any conveyance or sale. The only difference between sec. 5 of the Ordinance and sec. 130 of the TP Act is that a written agreement is not required under the former section. But if the parties choose to have a written agreement, the same is certainly a conveyance, and would come for stamping.
Should you have any views in the matter, post the same on our Forum.
For archive of editorial notes, click here.