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Stamp Duty on Assignment of Receivables

finserv@vinodkothari.com

Updated as on 07.05.2024

The table below provides the rate of stamp duty applicable on assignment of receivables in major states across India:

State Stamp Duty
Andhra Pradesh0.1% of the loan securitized or debt assigned with underlying securities subject to maximum limit of Rs.1 Lakh. [1]
Assam8.25 percent.
Bihar0.1% of the loan securitized or debt assigned with underlying securities subject to maximum limit of Rs.1 Lakh[2].
Chhattisgarh0.1% of the loan securitized or   with underlying securities subject to maximum limit of Rs.1 Lakh[3].
Delhione rupee for every one thousand rupees or part thereof, of the loan securitized or the debt assigned with underlying securities, subject to a maximum of Rs 1 lakh.[4]
Goa8 percent.
GujaratBombay Stamps Act, 1958 (as applicable to the state of Gujarat) , No. GHM – 98-221H.STP/1096/2527/H.1. In exercise of the powers conferred by Clause (a) of Section 9 of the Bombay Stamp Act. 1958 (Bom LX of 1958), the Government of Gujarat hereby reduces the duty with which an instrument of securitisation of Loans or the Assignment of Debt with underlying securities is chargeable under Article 20(a) of Schedule 1 to the said Act, to ten paise for every rupees 100 or part thereof of the loan securitised or debt assigned with underlying securities’ subject to a maximum of rupees 1 lakh[5].
HaryanaApprox. 12.5% for conveyance amounting to sale for immovable property and 6.25% for other conveyances.
KarnatakaKarnataka Stamp Act, 1957.The Government of Karnataka, Department of Stamps & Registration have specified that that with effect from 1st April 1999, ‘Deeds relating to assignment of receivables in the process of securitisation will be charged to a reduced duty of 0.1% subject to a maximum of Rs. One Lakh.’[6] Two rupees for every thousand rupees or part thereof subject to a maximum of rupees five lakhs, effective from 3rd February 2024.
Madhya PradeshStamp duty of 7.5% of amount of debt assigned.
Maharashtra Bombay Stamp Act, 1958. ‘Order dated 11th May 1994, No. STP. 1094/CR-369/(C)-M-1 – In exercise of the powers conferred by Clause (a) of Section 9 of the Bombay Stamp Act, 1958 (Bom. LX of 1958), the Government of Maharashtra hereby reduces with effect from 1st April 1994 the duty with which an instrument of securitisation of Loans or Assignment of Debt with underlying securities is chargeable under Clause (a) of Article 25 of Schedule 1 to the said Act, to ‘Fifty Paise’ for every rupees 500 or part thereof of the loan securitised or debt assigned with underlying securities subject to a maximum of Rs 1 lakh and in case of instrument of Assignment of Receivables in respect of use of credit cards to ‘Two Rupees and Fifty Paise for every rupees 500 or part thereof.’ subject to a maximum of Rs 1 lakh.[7]
Manipur7 percent.
Meghalayaupto Rs 50,000 – 4.6%, more than Rs 50,000 and upto Rs 90,000 – 6%, more than Rs 90,000 and upto Rs 1,50,000 – 8% , More than Rs 1,50,000 – 9.9%.
Nagaland7.5 percent.
Odisha0.1% of the amount or value of the consideration set forth in the said instrument.[8]
Punjab 3 percent.
RajasthanIn exercise of the powers conferred by sub-section (1) of section 9 of the
Rajasthan Stamp Act, 1998 (Act No. 14 of 1999) and in supersession of this department’s Notification No. F.4(4) FD/Tax/2015-230 dated March 9, 2015, the State Government, stamp duty chargeable on the instrument of debt assignment executed in respect of performing assets (standard assets) is charged at the rate of 0.15 percent of the amount of debt subject to maximum of rupees five lacs.[9]
Tamil Nadu In exercise of the powers conferred by clause (a) of sub-section (1) of], the governor of Tamil Nadu hereby reduces the duty chargeable under the said act to ten paise for every Rs 100or part thereof the market value of the property which is the subject matter of conveyance, subject to the maximum of Rs 1 lakh, in respect of the instruments providing for transfer of non-performing assets or assignment of debt with or without underlying securities whether movable or immovable or intangible. in favour of reconstruction companies under SARFAESI act ,2002. the notifications appended to this order will be published in an extraordinary issue of Tamil Nadu government gazette dated 4-3-2005.
Tripura5 percent
Uttar Pradesh0.1% subject to maximum of Rs.1 Lakh.[10]
UttarakhandThe stamp duty was reduced to 5% vide notification no. 297/XXVII (9)/2011/Stamp-61/2009 dated May 31, 2011 issued by the Department of Finance, State of Uttarakhand and is currently applicable.  However, the said exemption is applicable only upto the value of the property being 25 lakhs. In the event the value exceeds 25 lakhs, then upto 25 lakhs, the stamp payable will be reduced by 25% i.e. 3.75% of market value will be payable, and above 25 lakhs, the stamp duty will be paid at 5% of market value.
West Bengal0.1% subject to maximum of Rs.1 Lakh.[11]

[1] Notification G.O.Ms. No.305 dated 29.03.2004 issued by Registration and stamps Department,
Government of Andhra Pradesh. This shall apply to ARC’s.

[2] Notification S.O.No.-1/M1-126-2004/2904 dated 29.12.2004 issued by Department of Registration, Government of Bihar. This shall apply to ARC’s.

[3] Notification No./F10-9-2004-C.T.-(R) –V-(32) dated 28.02.2004 issued by Financial and Planning Department {Commercial Tax (Registration) Department}, Government of Chhattisgarh.

[4]http://delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/registration+acts+and+rules/manuals%2Cnotifications%2Corders/reg260209

[5] https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?ID=166

[6] https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?ID=166

[7] https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?ID=166

[8] 1.  Notification No. Stamp-6/05/35723/R. dated 31.08.2005 issued by Revenue Department, Government of Orrisa. 2. Notification No. Stamp-6/05/35723/R. dated 31.08.2005 issued by Revenue Department, Government of Orrisa.

[9] http://igrs.rajasthan.gov.in/writereaddata/Portal/Images/pdf/notification-dated-26062015.pdf

[10] Notification No.K.N.5-1023/11-2005-500(137)-2003 dated 15.03.2005 as amended by No.K.N.5-1389/11-2005-500(137)/2003 dated 29.03.2005 issued by Kar Evam Nibandhan Anubhag-5, Government of Uttar Pradesh.

[11]Notification No.2307-F.T. dated 02.07.2004 issued by Finance (Revenue) Department, Government of West Bengal.

Security Token Offerings & their Application to Structured Finance

Moving to DeFi

– Subhojit Shome, Executive | subhojit@vinodkothari.com

Introduction

As per a Forbes article[1] published in early 2021, DeFi and Security Token Offerings (STO) had scaled new heights with 2020 being “a banner year for capital formation and secondary trading” using security tokens. DeFi applications were reported to be prevalent across 15 countries around the world (including the major developed economies) and 39 of the top 100 largest banks in the world were reportedly working on security tokens or blockchain applications. Expert estimates[2] predict the security tokens industry to surpass the market volume for cryptocurrencies in the next five years and in terms of issue proceeds, the global security token market reaching $3 billion by 2025.

Figure 1: Estimated Growth of Security Token Offerings (STO)[3]

Blockchain-based tokens can be described as digitally scarce units of value the characteristics and circulation of which are prescribed via computer code.[4]

Read more

Global Securitisation Markets in 2021: A Robust Year for Structured Finance

-Subhojit Shome, Executive | finserv@vinodkothari.com

Overview

The structured finance space exhibited robust growth during 2021, as the world entered the COVID-19 endemic period. This growth was largely driven by supportive regulatory and policy initiatives aimed at overcoming the negative economic effects of the pandemic, the emergence of green finance initiatives and a general rise in economic activity.

Figure 1: Snapshot of Global Structured Finance Issuance[1]
Read more

15th Securitisation School

Register your interests today! – https://forms.gle/iXbCWFJDAkQ3HJuW7

We are also organising the 10th edition of the Securitisation Summit, an annual coming together of stakeholders in structured finance industry in India. The event will be held in physical as well as virtual mode on 27th May, 2022.
Read more: https://vinodkothari.com/secsummit/


Further, we are also organising a Pre-Summit Workshop on Securitisation and Transfer of Loans in Mumbai, a day before the Summit i.e. on 26th May, 2022. The workshop is intended to act as a refresher on the securitisation market in India.
Read more: https://vinodkothari.com/2022/02/pre-summit-workshop/

Our resources on the topic:

List of compliances for listing of securitisation notes

– Aanchal Kaur Nagpal, Assistant Manager | Sharon Pinto, Manager | finserv@vinodkothari.com

10th Securitisation Summit, 2022:

The tenth edition of the Indian Securitisation Summit will be held on May 27, 2022 at The LaLiT Hotel, Mumbai as well as virtually (through Zoom). This edition will include panel discussions, expert interviews, Chakra-view: Huddling of ideas, Securitisation-samman and much more. Read more here.

Our write-ups on related topics:

  1. FAQs on Securitisation of Standard Assets – https://vinodkothari.com/2021/10/faqs-on-securitisation-of-standard-assets/
  2. After 15 years: New Securitisation regulatory framework takes effect – https://vinodkothari.com/2021/09/rbi-master-directions-on-securitisation-of-standard-assets-and-transfer-of-loan-exposures/

9th Securitisation Summit – Report and Presentations

Presentations made at the 9th Securitisation Summit, 2021 can be accessed from the links given below:

  1. Mr. Loic Chiquier – click here
  2. Dr. Vincenzo Bavoso – click here
  3. Mr. Mark Adelson – click here
  4. Mr. Abhishek Dafria – click here
  5. Mr. Ajay tendulkar – click here

Post-summit report:

Profile of Speakers – 9th Securitisation Summit | November 18, 2021 | Hotel Four Seasons, Mumbai

Agenda for the 9th Securitisation Summit can be viewed herehttps://vinodkothari.com/2021/11/agenda-9th-securitisation-summit-november-18-2021-hotel-four-seasons-mumbai/

Summit home page can be viewed here: https://vinodkothari.com/secsummit/

Agenda – 9th Securitisation Summit | November 18, 2021 | Hotel Four Seasons, Mumbai

Profile of speakers can be viewed herehttps://vinodkothari.com/2021/11/profile-of-speakers-9th-securitisation-summit-november-18-2021-hotel-four-seasons-mumbai/

Summit home page can be viewed here: https://vinodkothari.com/secsummit/

Indian Securitisation Awards, 2021

As the securitization market in India is on an upswing, it is time to recognize performance, innovation and service. Awards are not merely a sense of accomplishment – awards are to encourage players to move to better services and consistent performance. The awards will be given by the Indian Securitisation Foundation at the 9 th Securitisation Summit 2021 on November 18, 2021 at Four Seasons Hotel, Mumbai and may be handed over to the awardees during the Securitisation Summit.

Details for 9th Indian Securitisation Summit may be accessed at this Link.

One stop RBI norms on transfer of loan exposures

– Financial Services Division (finserv@vinodkothari.com)

[This version dated 24th September, 2021. We are continuing to develop the write-up further – please do come back]

The RBI has consolidated the guidelines with respect to transfer of standard assets as well as stressed assets by regulated financial entities under a common regulation named Reserve Bank of India (Transfer of Loan Exposures) Directions, 2021 (“Directions”).

The Directions divided into five operative chapters- the first one specifying the scope and definitions, the second one laying down general conditions applicable on all loan transfers, the third one specifying the requirements in case of transfer of loans which are not in default, that is standard assets, the fourth one provides the additional requirement for transfer of stressed assets and the fifth chapter is on disclosure and reporting requirements. Read more