Debt recovery through DRT proceedings

The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs) were established under the Recovery of Debts and Bankruptcy Act (RDB Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institutions. At present, 39 Debts Recovery Tribunals (DRTs) and 5 Debts Recovery Appellate Tribunals…

Revised ATM fee structure and RBI mandate on dispensation of Rs.100 and Rs.200 notes

Revised ATM Fee Structure and RBI Mandate on Dispensation of ₹100 and ₹200 Banknotes ATM Transaction Charges: The Reserve Bank of India (RBI) has introduced a revised framework governing ATM transaction charges, effective from May 1, 2025. This initiative is aimed at enhancing transparency in customer service fees while providing greater operational flexibility to ATM…

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…

How banks settle claims of a missing person on presumed death?

Settlement of Claims in Respect of Missing Persons Presumed Dead: A Formal Overview Banks in India typically settle claims related to missing persons who are presumed dead by adhering to established legal provisions and regulatory guidelines, primarily those issued by the Reserve Bank of India (RBI). When a person has been missing for a legally…

Revised Guidelines for Settlement of Claims of Deceased Depositors and Locker Hirers

There are two possibilities in a bank account maintained by a customer viz. (i)  a deposit account is opened in a bank with a valid nomination or with the survivorship clause like ‘either or survivor’, or ‘anyone or survivor’, or ‘former or survivor’ or ‘latter or survivor’ etc.  (ii) A deposit account is opened in…

Position of a partnership firm when a partner dies or retires or becomes insolvent

Section 42 of the Indian Partnership Act, 1932 (“Act”) provides for dissolution of partnership on occurrence of certain contingencies which includes ‘death of the partner’ or ‘adjudication of a partner as an insolvent’ or if constituted for a fixed term, by the expiry of that term, etc.as one of those contingencies. However, the partnership need…

Basel III Framework: Revised Guidelines on Liquidity Standards – Liquidity Coverage Ratio (LCR)

The Reserve Bank of India (RBI) has issued revised guidelines pertaining to liquidity standards, with a particular focus on the Liquidity Coverage Ratio (LCR), following feedback from stakeholders. These amendments, which will come into effect from April 1, 2026, introduce several key changes aimed at enhancing the liquidity risk management framework in alignment with global…