Regulating Securitisation and Asset Reconstruction: A Practical Guide for Banks and FIs
The SARFAESI framework establishes how securitisation and asset reconstruction companies (ARCs) are licensed, governed, and supervised, and how financial assets are acquired, managed, and resolved, with clear roles for obligors, investors, and the Reserve Bank of India. This article synthesizes the operational touchpoints a banking audience needs: licensing and cancellation, asset acquisition mechanics, obligor notices…
Read articleUnderstanding the SARFAESI Act, 2002: Constitutionality, Key Definitions, and Framework for Asset Recovery in Indian Banking
The SARFAESI Act, 2002 is a cornerstone law empowering banks and financial institutions in India to recover non-performing assets swiftly, primarily by allowing the enforcement of security interests without prior court intervention. Indian courts have affirmed the constitutional validity of the Act, ensuring its mechanisms are both effective and just. Preamble and Overview The full…
Read articleKey features of amendment 2016 to SARFAESI ACT 2002
Latest: A few sections relating to registration of security interest by secured and other creditors, the effect of registration of transactions, right of enforcement of securities, and priority to secured creditors were not notified in the said amendment. In view of the foregoing Section 17 to Section 19 of the 2016 Act have been notified…
Read articleMSMED Act, 2006 and Revised MSME Classification Norms (2025 Update)
The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 is a foundational legislation in India that aims to promote, develop, and enhance the competitiveness of micro, small and medium enterprises (MSMEs). For banking professionals, understanding its regulatory framework is crucial to effectively support MSMEs and comply with mandated standards. Objectives and Scope The MSMED…
Read articleUnderstanding MSME Memorandum and Registration process
The Memorandum of Micro, Small and Medium Enterprises refers to the formal self-declaration process introduced for MSME registration, enabling enterprises to receive recognition and access government benefits. Previously known as the Entrepreneur Memorandum (EM-II) and Udyog Aadhaar Memorandum (UAM), this system is now replaced by the Udyam Registration—a fully online, self-declaration based procedure on the…
Understanding Coverage and updated definition of MSMED Act 2006
In India, the coverage of MSME is vast, encompassing businesses in both the manufacturing and services sectors that meet specific criteria for investment in plant, machinery, or equipment and annual turnover. The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides a comprehensive regulatory framework for the promotion, development, and competitiveness of MSMEs in…
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