Page 34 - Banking Finance January 2018

ARTICLE

changing credit landscape and augment ease of doing busi-
ness which, inter alia, include:
a) The Act creates a central registry to maintain records
of transactions related to secured assets. The Bill cre-
ates a central database to integrate records of prop-
erty registered under various registration systems with
this central registry. This includes integration of regis-
trations made under Companies Act, 2013, Registration
Act, 1908 and Motor Vehicles Act, 1988.
b) The Bill provides that secured creditors will not be able
to take possession over the collateral unless it is regis-
tered with the central registry. Further, these credi-
tors, after registration of security interest, will have
priority over others in repayment of dues
chased after paying up at least 15 % upfront .As per report
by India Rating ARCs can take up only one tenth of the NPAs c) To enable non-institutional investors to invest in secu-
and they need to re-orient themselves if they are to facili- rity receipts of ARCs;
tate the NPA resolution process. Provide a specific timeline for taking possession of se-
cured assets;
New Law d) The SARFAESI Act allows secured creditors to take pos-
In order to facilitate expeditious disposal of recovery appli- session over a collateral, against which a loan had been
cations ,Government had brought in certain changes in provided, upon a default in repayment. This process is
the exiting SARFAESI Act and RDDBFI Act , to strengthen undertaken with the assistance of the District Magis-
the insolvency framework that is being implemented trate, and does not require the intervention of courts
through the Insolvency and Bankruptcy Code 2016 passed or tribunals. The Bill provides that this process will have
by Parliament in May, 2016. One of the big challenges that to be completed within 30 days by the District Magis-
banks face is the enforcement of securities and the recov- trate
ery of debt and this amendment aims to improve ease of e) In addition, the Bill empowers the District Magistrate
doing business. to assist banks in taking over the management of a com-

pany, in case the company is unable to repay loans. This
The Enforcement of Security Interest and Recovery of Debts will be done in case the banks convert their outstand-
Laws and Miscellaneous Provisions (Amendment) Act, 2016 ing debt into equity shares, and consequently hold a
was passed by the LokSabha on 01.08.2016 and the
stake of 51% or more in the company
RajyaSabha on 09.08.2016. The President of India has given
his assent on 12.08.2016 and the Act has been published in f) The Act empowered the Reserve Bank of India (RBI) to
the Gazette of India for information on 16.08.2016. The examine the statements and any information of Asset
salient features of amendment is enumerated hereunder : Reconstruction Companies related to their business.
The Bill further empowers the RBI to carry out audit
The act seeks to amend four laws: and inspection of these companies. The RBI may
1) Securitisation and Reconstruction of Financial Assets penalise a company if the company fails to comply with
and Enforcement of Security Interest Act, 2002; any directions issued by it.
2) Recovery of Debts due to Banks and Financial Institu-
tions Act, 1993; Amendments to the RDDBFI Act
3) Indian Stamp Act, 1899; and The amendments proposed in the RDDBFI Act, inter alia,
include:
4) Depositories Act, 1996.
a) Expeditious adjudication of recovery applications.
Amendments to the SARFAESI Act b) Priority to secured creditors in repayment of debts.
The amendments in the SARFAESI Act, are proposed to suit c) Debenture trustees are also included in the definition

34 | 2018 | JANUARY | BANKING FINANCE

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