The SARFAESI Act allows secured creditors like banks to enforce security interest for recovery of dues without court intervention. It gives banks the power to take possession of secured assets, sell them, or take over management upon default. The key steps are issuing a 60-day demand notice, taking possession if not paid, appointing an authorized officer, valuating and auctioning the assets. The debtor can raise objections within 15 days of notice or approach DRT within 45 days, otherwise the bank may proceed to sell the assets to recover dues.
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
The obligation of a banker to honour his customer’s cheque is extinguished (not accepted or clear) on receipt of an order of the Court, known as the Garnishee order, issued under Order 21, Rule 46 of the Code of Civil Procedure, 1908.
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.
If the debtor fails to pay the debt owned by him to his creditor, the latter may apply to the court for the issue of a garnshee order on the banker of his debtor.
The account of the customer with the banker, thus, becomes suspended and the banker is under an obligation not to make any payment thereof.
The creditor at whose request the order is issued is called the judgment creditor; the debtor whose money is frozen is called judgment debtor and the banker who is the debtor of the judgment debtor is called the Garnishee.
The Garnishee order is issued in two parts
The court directs the banker to stop payment out of the account of the judgement-debtor
ORDER NISHI
After the bank file his explanation, if any, the court may issue the final order, called ORDER ABSOLUTE
It is a legislation in India that regulates all banking firms in India. it came into force from 16 March 1949 and changed to Banking Regulation Act 1949 from 1 March 1966. It is applicable in jammu and Kashmir from 1956.
Enacted: 10 March 1949
Enacted by: Parliament of India
Territorial extent: Whole of India
elationship between banker and customer
,
definition of a banker and customer
,
definition of banking
,
general relationship between banker and customer
,
relationship as debtor and creditor
,
special relationship: banker as trustee
,
pawner and pawnee
,
bailer and bailment relationship
,
mortgager and mortgagee relationship
,
executer
,
attorney
,
guarantor
,
duties of a customer
,
rights and duties of the banker towards the custom
,
rights of a banker
,
garnishee order
The obligation of a banker to honour his customer’s cheque is extinguished (not accepted or clear) on receipt of an order of the Court, known as the Garnishee order, issued under Order 21, Rule 46 of the Code of Civil Procedure, 1908.
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.
If the debtor fails to pay the debt owned by him to his creditor, the latter may apply to the court for the issue of a garnshee order on the banker of his debtor.
The account of the customer with the banker, thus, becomes suspended and the banker is under an obligation not to make any payment thereof.
The creditor at whose request the order is issued is called the judgment creditor; the debtor whose money is frozen is called judgment debtor and the banker who is the debtor of the judgment debtor is called the Garnishee.
The Garnishee order is issued in two parts
The court directs the banker to stop payment out of the account of the judgement-debtor
ORDER NISHI
After the bank file his explanation, if any, the court may issue the final order, called ORDER ABSOLUTE
It is a legislation in India that regulates all banking firms in India. it came into force from 16 March 1949 and changed to Banking Regulation Act 1949 from 1 March 1966. It is applicable in jammu and Kashmir from 1956.
Enacted: 10 March 1949
Enacted by: Parliament of India
Territorial extent: Whole of India
elationship between banker and customer
,
definition of a banker and customer
,
definition of banking
,
general relationship between banker and customer
,
relationship as debtor and creditor
,
special relationship: banker as trustee
,
pawner and pawnee
,
bailer and bailment relationship
,
mortgager and mortgagee relationship
,
executer
,
attorney
,
guarantor
,
duties of a customer
,
rights and duties of the banker towards the custom
,
rights of a banker
,
garnishee order
Insolvency & bankruptcy code an overviewChirag Gupta
An Overview of Insolvency and Bankruptcy Code, 2016 along with the process for resolution order and bankruptcy order against the debtor and how it will be beneficial for the Banks & Other lending institutions of India.
In light of a lot of news relating to sham entities garnering funds through fraudulent investment schemes with promise of huge returns mainly in the name of property development and agriculture, SEBI has in the last few years, intensified its scrutiny of investment structures that raise domestic capital on an unregulated basis. Securities Appellate Tribunal recently passed an order upholding SEBI’s findings against Alchemist Infra Reality Limited. The SAT order along with recent pronouncement by the Supreme Court have probed unregulated investment arrangements to conclude whether or not they constitute CIS, as Schemes are required to be registered with SEBI in pursuance to Securities And Exchange Board Of India (Collective Investment Schemes) Regulations, 1999
That Section 3(19) of IBC 2016 defines "Insolvency Professional" and Section 5(27) defines "resolution professional" to include and Resolution Professional (RP) and Interim Resolution Professional(IRP) as the case may be, "5(27) "resolution professional", for the purposes of this Part, means an insolvency professional appointed to conduct the corporate insolvency resolution process 1 [or the prepackaged insolvency resolution process, as the case may be,] and includes an Interim Resolution Professional."
Financial statements are written records that convey the business activities and the financial performance of a company.
Financial statements are often audited by government agencies, accountants, firms, etc. to ensure accuracy and for tax, financing, or investing purposes.
CDD information comprises the facts about a customer that should enable a bank to assess the extent to which the customer exposes it to a range of risks.
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
RBI issued updated guidelines on ‘Co-Lending Model’ in November 05, 2020
“co-origination of loans” by banks and NBFCs for lending to the priority sector. “The arrangement entailed joint contribution of credit at the facility level by both lenders as also sharing of risks and rewards” the RBI said
Public Provident Fund or PPF Account benefits are discussed in Hindi as per updated RBI Guidelines 2019. How to open a PPF account online or in Post Office, 10 years Interest Rate Chart, PPF Maturity Chart and other PPF rules regarding withdrawal, eligibility, maturity period etc. are discussed in detail. PPF account can be opened in a Post Office or an Authorized Bank like Bank of India, SBI, PNB, ICICI Bank, HDFC Bank, Axis Bank etc.
DAY - NRLM (DAY - National Rural Livelihoods Mission) 'राष्ट्रीय ग्रामीण आजीव...Abinash Mandilwar
Complete scheme norms of DAY-NRLM (Deendayal Antyodaya Yojana – National Rural Livelihoods Mission) Schemes as per latest RBI guidelines. Important topic for JAIIB/CAIIB Exam and Banking awareness for bankers. Please like, share and comment on the video and subscribe the channel.
AML & KYC Guidelines in Bank | Anti-Money Laundering for JAIIB Exam | Bank Pr...Abinash Mandilwar
This video is based on RBI Master Circular on Prevention of Money Laundering Act, (PMLA) 2002 dated 25/02/2016 (Updated up as on 12 July 2018). This is very helpful for preparation of JAIIB Exam, Bank Promotion Exam & Bank PO Exam ( Banking Awareness). Please like, Share and Subscribe the channel. Your valuable comment for improvement is always welcome. For details You may purchase my JAIIB books online. https://www.amazon.in/s?k=abinash+man...
Follow me on twitter @amandilwar (Abinash Mandilwar)
This video is prepared on the basis of RBI Master Circular on Customer Service. The topic ‘Nomination facility in bank’ is very useful for Bank promotion JAIIB Exam and Bank PO Examination. Please like, share the video and subscribe the channel. Your valuable comments are always solicited. If you want video on any banking topics, please suggest in the comment box.
Priority Sector Lending in India | भारत में प्राथमिकता क्षेत्र ऋण | Priority ...Abinash Mandilwar
Priority Sector Lending is very important topics for banking knowledge. This video is based on latest RBI guidelines. It is useful for JAIIB/CAIIB Exam, Bank Po Exam and Bank promotion. Don't forget to like share and comment the video. If you want video on any banking topics, suggest me in the comment box. For details you may refer my book on JAIIB. https://www.flipkart.com/search?q=abi...
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
how can I sell pi coins after successfully completing KYCDOT TECH
Pi coins is not launched yet in any exchange 💱 this means it's not swappable, the current pi displaying on coin market cap is the iou version of pi. And you can learn all about that on my previous post.
RIGHT NOW THE ONLY WAY you can sell pi coins is through verified pi merchants. A pi merchant is someone who buys pi coins and resell them to exchanges and crypto whales. Looking forward to hold massive quantities of pi coins before the mainnet launch.
This is because pi network is not doing any pre-sale or ico offerings, the only way to get my coins is from buying from miners. So a merchant facilitates the transactions between the miners and these exchanges holding pi.
I and my friends has sold more than 6000 pi coins successfully with this method. I will be happy to share the contact of my personal pi merchant. The one i trade with, if you have your own merchant you can trade with them. For those who are new.
Message: @Pi_vendor_247 on telegram.
I wouldn't advise you selling all percentage of the pi coins. Leave at least a before so its a win win during open mainnet. Have a nice day pioneers ♥️
#kyc #mainnet #picoins #pi #sellpi #piwallet
#pinetwork
what is the best method to sell pi coins in 2024DOT TECH
The best way to sell your pi coins safely is trading with an exchange..but since pi is not launched in any exchange, and second option is through a VERIFIED pi merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and pioneers and resell them to Investors looking forward to hold massive amounts before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade pi coins with.
@Pi_vendor_247
how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the contact information for my personal pi vendor.
Telegram: @Pi_vendor_247
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
NO1 Uk Rohani Baba In Karachi Bangali Baba Karachi Online Amil Baba WorldWide...Amil baba
Contact with Dawood Bhai Just call on +92322-6382012 and we'll help you. We'll solve all your problems within 12 to 24 hours and with 101% guarantee and with astrology systematic. If you want to take any personal or professional advice then also you can call us on +92322-6382012 , ONLINE LOVE PROBLEM & Other all types of Daily Life Problem's.Then CALL or WHATSAPP us on +92322-6382012 and Get all these problems solutions here by Amil Baba DAWOOD BANGALI
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what is the future of Pi Network currency.DOT TECH
The future of the Pi cryptocurrency is uncertain, and its success will depend on several factors. Pi is a relatively new cryptocurrency that aims to be user-friendly and accessible to a wide audience. Here are a few key considerations for its future:
Message: @Pi_vendor_247 on telegram if u want to sell PI COINS.
1. Mainnet Launch: As of my last knowledge update in January 2022, Pi was still in the testnet phase. Its success will depend on a successful transition to a mainnet, where actual transactions can take place.
2. User Adoption: Pi's success will be closely tied to user adoption. The more users who join the network and actively participate, the stronger the ecosystem can become.
3. Utility and Use Cases: For a cryptocurrency to thrive, it must offer utility and practical use cases. The Pi team has talked about various applications, including peer-to-peer transactions, smart contracts, and more. The development and implementation of these features will be essential.
4. Regulatory Environment: The regulatory environment for cryptocurrencies is evolving globally. How Pi navigates and complies with regulations in various jurisdictions will significantly impact its future.
5. Technology Development: The Pi network must continue to develop and improve its technology, security, and scalability to compete with established cryptocurrencies.
6. Community Engagement: The Pi community plays a critical role in its future. Engaged users can help build trust and grow the network.
7. Monetization and Sustainability: The Pi team's monetization strategy, such as fees, partnerships, or other revenue sources, will affect its long-term sustainability.
It's essential to approach Pi or any new cryptocurrency with caution and conduct due diligence. Cryptocurrency investments involve risks, and potential rewards can be uncertain. The success and future of Pi will depend on the collective efforts of its team, community, and the broader cryptocurrency market dynamics. It's advisable to stay updated on Pi's development and follow any updates from the official Pi Network website or announcements from the team.
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Contact with Dawood Bhai Just call on +92322-6382012 and we'll help you. We'll solve all your problems within 12 to 24 hours and with 101% guarantee and with astrology systematic. If you want to take any personal or professional advice then also you can call us on +92322-6382012 , ONLINE LOVE PROBLEM & Other all types of Daily Life Problem's.Then CALL or WHATSAPP us on +92322-6382012 and Get all these problems solutions here by Amil Baba DAWOOD BANGALI
#vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore#blackmagicformarriage #aamilbaba #kalajadu #kalailam #taweez #wazifaexpert #jadumantar #vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore #blackmagicforlove #blackmagicformarriage #aamilbaba #kalajadu #kalailam #taweez #wazifaexpert #jadumantar #vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore #Amilbabainuk #amilbabainspain #amilbabaindubai #Amilbabainnorway #amilbabainkrachi #amilbabainlahore #amilbabaingujranwalan #amilbabainislamabad
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the telegram id of my personal pi merchant who i trade pi with.
Tele gram: @Pi_vendor_247
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
how can I sell my pi coins for cash in a pi APPDOT TECH
You can't sell your pi coins in the pi network app. because it is not listed yet on any exchange.
The only way you can sell is by trading your pi coins with an investor (a person looking forward to hold massive amounts of pi coins before mainnet launch) .
You don't need to meet the investor directly all the trades are done with a pi vendor/merchant (a person that buys the pi coins from miners and resell it to investors)
I Will leave The telegram contact of my personal pi vendor, if you are finding a legitimate one.
@Pi_vendor_247
#pi network
#pi coins
#money
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
2. WHAT IS SARFAESI ACT?
The Act enables the secured
creditors (Banks) to enforce security
interest for recovery of its dues
without intervention of the Court
provided that security interest has
been properly charged in favour of
the bank.
3. SARFAESI ACT 2002
SARFAESI Act was notified in Dec. 2002. It was
amended in 2004, 2012 and Dec. 2016.
Provisions in Act: U/s 13(4), in the event of default
by a borrower, a secured creditor (bank/FI) will
have the following rights.
Take possession, sell or lease secured assets,
Take over the management of the business,
Appoint a manager,
Recovery by money payable by 3rd parties to the
borrower.
4. CRITERIA FOR INVOKING THE
PROVISIONS OF THE SARFAESI ACT
The contractual dues in the account should be
more than Rs.1.00 lakh.
The default must have occurred i.e. the account
should have become NPA as per RBI norms.
The security charged to the Bank must be specific,
clear and available to the Bank.
The security documents in the advance account
should be in full force on the date of serving the
60 days notice.
The security documents should be duly filled in
and no column should be kept blank.
5. SARFAESI ACT 2002
In case of consortium financing or multiple lending
arrangements, if 75% of secured creditors in value,
agree to invite recovery action, the same will be
binding on all secured creditors.
Action can be initiated under SARFAESI Act in DRT
pending case.
Under securities Interest (Enforcement) Rules 2002
lenders have been permitted to disposed off the
assets which are charged to the bank where
possession of the asset has been taken by the bank.
The sale can be through private treaty and/or public
auction or bids.
6. SARFAESI ACT 2002
NPA A/c not eligible under SARFAESI Act
I. Loans where contractual dues are below Rs. 1
lakh,
II. Agriculture land charged against agriculture
purpose loan can not be sold,
III. The amount due is less than 20% of principal &
interest (80% or more already recovered ),
IV. Bank shall not be able to invoke the provision of
the SARFAESI Act, unless the charged is
registered within the time frame with CERSAI.
V. Loan Secured by pledge, lien & by security of
bank deposits,
VI. Limitation has expired as per Limitation act,
VII. Where security is not charged to bank.
7. PROCEEDING UNDER OF SARFAESI ACT 2002
Identify all the eligible accounts under the Act,
Due Diligence Study of the accounts,
Put the proposal before the Competent Authority for
approval for action under the Act.as per prescribed
format,
Appointment of Authorised Officer,
Issue of 60 days Demand Notice u/s 13(2) of the Act
should be sent under the signature of Authorised Officer .
Notice should be in the prescribed format.
Formats for Demand Notice and all other annexures are
available in HOBC 110/180 Dt. 19/12/2016.
8. ISSUE OF NOTICES
Service of proper notice is a pre-requisite for
enforcement of security interest.
The authority for approving proposal for issuing
notice and taking action under Act are as under:
Authority Amount Rs. (in lakh)
MD, ED & GM (HO/NBG/ZO) Full Powers
Dy. General Manager 5000
Asst. General Manager 2500
Chief Manager 1000
Senior Manager (Large Branch) 200
Note: The official approving issue of Notice should not
have sanctioned the credit proposal. In such case, it
should be submitted to next higher authority.
9. DEMAND NOTICE
Period of Notice – 60 days – Continuous follow up,
Notices can be issued not only to the principal borrower but also
to the guarantor if security interest is created by the guarantor.
If more than one borrower, Demand Notice serve to each
borrower,
The service of the notice is to be made by Regd. Post/A.D., Speed
Post, Courier, E-mail, UPC, Fax etc. Proof of acknowledgements
should be kept in record.
As per recent amendment in Dec. 2016, the demand notice can
be served/delivered by hand delivery also, apart from the other
prescribed mode.
In case of non delivery of service, the service is to be affected by
affixing the notice on the conspicuous part of building where the
borrower/guarantor resides or carries business.
10. PROCEEDING UNDER OF SARFAESI ACT 2002
Simultaneous action in Suit Filed/DRT cases can be
taken.
After issuance of notice u/s 13(2) by the bank, if any
borrower/guarantor makes any representation or
raise any objection, then the bank has to consider
such objection and serve a revised notice or pass such
other suitable orders as deemed necessary, or If bank
feels that objection is not acceptable or tenable, he
shall communicate the justification for possession
within fifteen days (After amendment it was
enhanced from seven days to fifteen days) from the
date of receipt of the representation or objection.
The borrower may make an application to DRT
within a period of 45 days.
11. AUTHORISED OFFICER
Authorised Officer” means an officer not less than
a Chief Manager of a Public Sector Bank or
equivalent as specified by the Board of Directors of
the secured creditor.
Authorised Officer enjoys immunity for all Actions
done in good faith and without negligence while
exercising the right on the securities created.
A three member Zonal Committee headed by
Zonal Manager will finalize the reply in all cases
irrespective of any amount.
12. HOW TO GO ABOUT APPLYING
SARFAESI ACT
If full payment is received during 60 days notice
period, no further action is called for. If the
borrower makes part payment, the Bank retains
the right to claim the balance amount.
In case payment is not received within 60 days,
Authorised Officer can take peaceful possession
of the secured assets.
Prior the sale of secured assets, an authorised
officer of the lender would have to take
possession of the same by service of a 60 days
possession notice.
13. POSSESSION OF THE PROPERTY
In case peaceful possession is not possible, Bank has to make an
application to the District Magistrate (D.M.) or Chief Metropolitan
Magistrate (C.M.M.).
30 days notice should be given before taking possession of secured
assets.
The application before the DM/CMM for physical possession of the
charged property must be disposed of within a period of 30 days
from the date of application.
Duplicate of Possession Notice should be affixed on the property
which should be visible.
Possession Notice should also be published in leading 2
newspapers, one of them vernacular.
Assets seized should be valued from panel valuer.
14. POSSESSION OF ASSETS
Movables Assets:-
Panchnama in the prescribed format – Two
Independent Witnesses;
Inventory in the prescribed format- Copy
should be given to the borrower;
Custody of the assets;
Preservation and protection;
Assets subject to speedy decay to be
immediately sold;
Valuation of the Assets.
15. POSSESSION OF ASSETS
Immovable Assets:
By delivery of Possession Notice – Affixation;
Possession notice to be published within 7 days;
No prescribed format of Panchnama but it be recorded
giving brief details;
In case both movables and immovables are charged,
inventory as per format for movables.
The movables not charged if found to be returned to
the rightful owner;
Valuation of the Asset.
16. AUCTION NOTICE
The Government has introduced new site
www.eprocure.gov.in for uploading tenders
vide their communication Ref. No.
10/1/2011-PDD Dated 17.05.2016.
Nodal officer of the bank will be able to
create new user ID and issue login password.
All the branches/zones have to send the
auction notice to their respective NBG.
17. AUCTION NOTICE
In addition, all the branches/zones have to send
auction notice to IT Dept. at HO for uploading the
notice on bank’s website.
The branches are advised to ensure that our notice is
published in our website.
Please note that this shall not dispense with the
notice mandatorily to be published in the news papers
are required under the Act.
The date of auction which is shown in the notice being
published in the website as well as in the newspaper
should be one and the same and ensure that no sale
should take place before expiry of 30 days from the
date on which the notice is given newspaper and the
website.
18. SALE OF SECURED ASSETS
Mode of Sale
a. by obtaining quotations from the persons
dealing with similar property or otherwise
interested in buying such property, or
b. by inviting tenders from the public,
c. by holding public auction, or
d. by private treaty.
19. SALE OF THE PROPERTY
Reserve Price:-Reserve Price should be fixed
before sale which should be reasonable. Both for
the movable and immovable assets the lender
would have to make proper valuation prior to
sale. The reserve price to be arrived only after
the valuation exercise.
Offer Price: If the price equal to the reserve price
can not be obtained, the asset can be disposed
off at a lower price with the consent of both
borrower and lender. If the first sale under
SARFAESI does not materialize, the Bank can
purchase the property.
20. SALE OF THE PROPERTY
Property is sold to the buyer offering highest price.
On every sale of immovable property, Sale will be confirmed, if the
purchaser shall immediately or max. next working day deposit 25%
of sale price. In default such deposit, the property shall be sold
again.
Payment of balance 75% of sale price shall be paid by the purchaser
to the Authorised Officer on or before 15th days of sale confirmation
or such extended period as may be agreed in writing, in any case
not exceeding 3 months.
Sale Certificate duly signed by the Authorised Officer is issued to
the buyer of the property which the prima facie evidence of title of
the buyer of the property.
Sale Certificate specifies secured assets sold, Buyer’s name & the
price paid.
21. SARFAESI ACT 2002
Action Period
Notice for possession 60 days
Reply by bank to borrower’s representation or
objection from date of receipt of such
representation or objection
15 days
Borrower can approach DRT against Possession
Notice from date of acknowledgement
45 days
Appeal to DRAT against decision of DRT 30 days
Notice before sale of the immovable secured
asset
30 days
Period of balance payment of 75% amount by
the buyer of the secured assets
15 days
22. NEW CHANGES IN SARFAESI ACT IN 2016
Sub rule (1) of (3):- The demand notice can be served/delivered by
hand delivery also, apart from the other prescribed mode.
Section 14 :- The application before the DM/CMM for physical
possession of the charged property must be disposed of within a
period of 30 days from the date of application and in any case not
later than 60 days.
Section 3A: Time prescribed for making change or modification, if
any, to the section 13(2) notice on the basis of representation of the
borrower to the said notice or to reply to the representation of the
borrower has been enhanced to 15 days.
Sec. 26 E: SARFAESI Act first time introduced priority of charge of
banks dues over any other due of Central/State Government. It’s a
land mark amendment. Only exception is that it is subject to
insolvency & bankruptcy code 2016.
Sec 30 A of DRT ACT: - An appeal against any order of recovery
officer under section 30 shall not be entertained unless 50% of the
amount due is deposited with DRT.
to the