Lender’s right when the borrower owns and possesses the hypothecated assets

The lender’s right to the term “Hypothecation of assets” was not defined anywhere in the statute till the SARFAESI ordinance 2002. Some courts have even compared   ‘hypothecation to a mortgage of movables’. Hypothecation occurs when an asset is offered by the borrower to the lender as prime or collateral to secure a loan/credit limit without…

What are deficiencies in regulatory and KYC compliances for which banks pay penalties?

Regulatory compliance aims to ensure the bank operates within regulation, safeguarding its integrity and industry reputation. The function oversees multiple duties: protecting bank data, avoiding government fines, avoiding tax evasion, complying with KYC guidelines, monitoring and reporting anti-money laundering activities, assessing risks, and ensuring zero violation of banking ethics. Following are the few cases where…

Foreign Investments: Meaning of FDI, FPI and FII explained

An investment made in India by foreign entities, non-resident Indians, and persons of Indian origin in Indian securities including shares, government bonds, corporate bonds, convertible securities, infrastructure securities, etc., is known as foreign investment in India. Based on the type of foreign Investments, they are classified as below. Foreign Direct Investment (FDI) Foreign Portfolio Investment…