IntroductionAccording to the Reserve Bank of India’s Annual Report for FY 2024–25, the total value of bank frauds tripled despite a decline in the number of reported cases, indicating that frauds are becoming more sophisticated and financially damaging. Among various fraud typologies, home loan frauds remain a critical area of concern due to their multifaceted…
CERSAI 2.0 is an upgraded version of the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) platform, designed to enhance the efficiency and accessibility of the registry. It offers features like online application submission, real-time tracking of requests, and an improved user experience. This upgrade aims to prevent fraudulent transactions involving…
CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest) registration is mandatory for all types of security interests created on assets, including mortgages, securitization, and asset reconstruction. This includes loans secured by properties or other assets. The registration must be done by the lender within 30 days of creating the security interest.Section 17 to…
The Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) was established, under Section 20 of the SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002). It is a government-owned company that operates a central registry that deals with the filing of the security interest of…
The Reserve Bank of India (RBI), vide its circular dated June 6, 2025, has issued a comprehensive and harmonized set of guidelines for lending against gold and silver collateral, applicable to all Regulated Entities (REs). These directions aim to address macroprudential concerns and harmonize prudential and conduct norms across lending institutions. The new framework shall…
According to the sources with direct knowledge of the matter, the Department of Financial Services (DFS) has written a letter to Chairmen and heads of the banks on August 26, asking them to consider setting up of an IT system to collate such data, The IBC code amendment 2019 allows creditor to permits file insolvency…
The ‘Securitisation’ is a two-stage process in which pool of assets are structured or packaged and sold by an originator(Banks and financial institutions) to a bankruptcy remote* special purpose vehicle (SPV). In the first stage there is sale of single asset or pooling and sale of pool of assets to a SPV in return for…
IntroductionThe engagement of direct recovery agents by banks and financial institutions necessitates a careful balance between effective debt recovery and the protection of borrowers’ rights. To ensure that recovery practices remain fair, transparent, and respectful, institutions must adhere to regulatory guidelines and ethical standards. Key Considerations in Engaging Recovery Agents 1. Due Diligence Prior to…
[This article provides guidelines specifying the internal governance arrangements for granting and monitoring of credit facilities throughout their lifecycle.] Credit monitoring and loan monitoring, while related, have distinct focuses. Credit monitoring focuses on a borrower’s overall creditworthiness and financial health, tracking changes to their credit report, score, and potential fraud. Loan monitoring, on the other…
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is a landmark legislation enacted to empower banks and financial institutions with the ability to recover non-performing assets (NPAs) without the need for court intervention. The Act was later amended by the Enforcement of Security Interest and Recovery of…