Banks can register a charge on their own if the borrower company fails to register

Yes, lender bank or Financial Institution (FI) can also file application form for registration of charge with the Registrar of Companies. However, it is the responsibility of the company to register the each charge against its assets. If the borrower company fails to file form for registration of charge with ROC, the lender bank or…

Power of RBI to Make Regulations under the PSS Act, 2007

The Payment and Settlement Systems (PSS) Act, 2007 empowers the Reserve Bank of India (RBI) to regulate and supervise payment and settlement systems in India. To exercise these powers, the RBI operates through its designated body, the Payments Regulatory Board (PRB). These powers enable the RBI to authorize operators, prescribe standards, conduct inspections, impose penalties,…

Regulation and Supervision by the RBI under PSS Act

Under the Payment and Settlement Systems Act, 2007, the Reserve Bank of India (RBI) is empowered with comprehensive regulation and supervision responsibilities over payment systems in India. Key points of RBI’s regulation and supervision include: Together, these powers and supervisory mechanisms enable RBI to maintain a safe, secure, efficient, and authorized payment ecosystem in India…

FEMA Provisions on Assets Held Outside India

Under the Foreign Exchange Management Act (FEMA), 1999, special provisions apply to assets held abroad by persons resident in India. These rules regulate ownership, transfer, and investment in foreign assets, ensuring legal compliance and preventing unauthorized holdings.  Key Provisions 1. Section 4 of FEMA * Prohibits residents from acquiring, holding, owning, possessing, or transferring any…

Directorate of Enforcement (ED) under FEMA

The Directorate of Enforcement (ED) is the central agency responsible for investigating and enforcing violations of the Foreign Exchange Management Act (FEMA), 1999  in India. Functioning under the **Ministry of Finance**, it plays a crucial role in safeguarding the integrity of the foreign exchange market and ensuring compliance with India’s foreign exchange laws. Key Roles…