Understanding Payment Deadlines and Resolution Mechanisms under the MSMED Act, 2006
The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides critical protection to MSMEs in India against delayed payments. It mandates timely payments, prescribes penal interest on defaults, and establishes an institutional mechanism for dispute resolution. Additionally, recent amendments in the Income Tax Act further strengthen compliance by disallowing tax deductions for unpaid MSME…
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Who is required to register security interests with CERSAI after the SARFAESI amendment 2019?
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFAESI Act 2002) provide for Enforcement of Security Interest for the realization of the dues without the intervention of Courts or Tribunals for recovery of NPAs by banks under various laws. In 2016 NBFC is included under the definition of the financial institution through…
Read article SARFAESI Act, 2002: Applicability, Objectives, and Process of NPA Recovery
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…
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SARFAESI ACT 2002:Applicability,Objectives and process of NPA recovery
The SARFAESI ACT is the acronym of Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. The Act has been amended by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act 2004. The SARFAESI Act provides for Enforcement of Security Interest for the realization of the dues without the intervention of Courts or Tribunals which is treated as one…
Read article Functions of the National Board for Micro, Small and Medium Enterprises (NBMSME)
The National Board for Micro, Small and Medium Enterprises (NBMSME) is a statutory body established under the MSMED Act, 2006, first notified on May 15, 2007. It consists of 47 members including the Chairman (ex-officio Minister in charge of MSME), Vice Chairman, Member Secretary, and other representatives from Central Ministries, State Governments, industry associations, trade…
Effects of Registration of Charge in India and procedural framework
The registration of a charge under the Companies Act, 2013 ensures legal validity and priority of lenders’ rights over a company’s assets. The process involves board approvals, proper documentation, filing with the Registrar of Companies (ROC), and issuance of a certificate of registration. Step-by-Step Procedure 1. Pass a Board Resolution * Convene a board meeting…
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