Asset Reconstruction Company Registration


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Uploaded on May 2, 2020

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Asset Reconstruction Company Registration

Asset Reconstruction Company Registration BY- HARSHIT SHARMA WHY ASSET RECONSTRUCTION COMPANIES? WORKING OF ASSET RECONSTRUCTION COMPANIES IN INDIA HISTORCIAL JOURNEY OF SARFAESI & ARC’s IN INDIA In 1997 by Government of India, the problem of recovery from NPAs was recognized.  In the Narasimhan Committee Report it is mentioned about the important aspect of the continuing reform process was to reduce the high level of NPAs as a means of banking sector reform.  It was expected that new NPAs in the future could afford to be lower with the combination of policy and institutional development.  ARC’s FOUNDATIONAL PRINCIPLES: SHOWCASING THE FLOW OF WORK Facilitating Freeing the Financial Isolating Non Performing development System to work on Core Loans (NPLs) of market for Activities distressed assets Functions of Asset Reconstruction Company (ARC) • Enforcement • of Security Interest • Change or takeover Acquisition of (as per section 13(4) of Management / financial assets (as • Rescheduling of of SRFAESI Act, Sale or Lease of defined u/s 2(L) of Debts; 2002) Business of the SARFAESI Act, 2002); Settlement of dues Borrower; payable by the borrower. Registration Process of Asset Reconstruction Companies Step-1: Obtaining Certificate of Registration Steps of Registration Cont.…. • STEP-2: Having net owned fund of not less than two crore rupees or such other amount not exceeding fifteen per cent of total financial assets acquired or to be acquired by the securitization company or reconstruction company, as the Reserve Bank may, by notification, specify. Steps of Registration Cont.…. • STEP-3 Every securitization company or reconstruction company shall make an application for registration to the Reserve Bank in such form and manner as it may specify. • STEP-4 Reserve Bank of India may for the purpose of considering the application for registration of asset Reconstruction Company requires to be satisfied by inspection of records or books of such company. OTHER CONDITIONS TO BE FULFILLED FOR ASSET RECONSTRUCTION COMPANY TO GET DULY REGISTERED • Reconstruction company has not incurred losses in any of the three preceding financial years. •Such reconstruction company has made adequate arrangements for realisation of the financial assets acquired for the purpose of asset reconstruction and shall be able to pay periodical returns and redeem on the investments on respective due dates made in company by the qualified institutional buyers or other persons. • Directors of the reconstruction company have adequate professional experience in matters related to finance, securitization and reconstruction. OTHER CONDITIONS TO BE FULFILLED FOR ASSET RECONSTRUCTION COMPANY TO GET DULY REGISTERED • Board of directors of such reconstruction company do not consist more than half of its total number of directors who are either nominees of any sponsor or associated in any manner with the sponsor or any of its subsidiaries. • Any of the directors has not been convicted of any offence involving moral turpitude. • Sponsor is not a holding company of the Securitization Company or Reconstruction Company or does not otherwise hold any controlling interest in such Securitization Company or reconstruction company • Such securitization company or reconstruction company has complied with or is in a position to comply with prudential norms specified by the Reserve Bank of India. THE FINAL STEP! The Reserve Bank of IIndiia may after beiing satitisfified the condiititions speciifified iin sub-sectition (3) are fullfifilllled,, grant a certitifificate of regiistratition to the securiititizatition company or the reconstructition company to commence or carry on busiiness of securiititizatition or asset reconstructition,, subjject to such condiititions,, whiich iit may consiider,, fifit to iimpose.. The Reserve Bank may rejject the applliicatition made under sub-sectition (2) iif iit iis satitisfified that the condiititions speciifified iin sub- sectition (3) are not fullfifilllled:: Proviided that before rejjectiting the applliicatition,, the applliicant shallll be giiven a reasonablle opportuniity of beiing heard.. Every securiititizatition company or reconstructition company shallll obtaiin priior approvall of the Reserve Bank of IIndiia,, whereby the deciisiion of the Apex bank wiillll be Fiinall..