BANKING AFFAIRS

Detailed explanation-1: -SARFAESI Act or Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was formulated with an intent to empower banks to recover Non-Performing Assets (NPAs) without the intervention of a court. SARFAESI Act 2002 is a milestone in the recovery of NPAs.

Detailed explanation-2: -The SARFAESI Act full form is – “Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act”. The SARFAESI Act allows banks and other financial institutions for auctioning commercial or residential properties to recover a loan when a borrower fails to repay the loan amount.

Detailed explanation-3: -The Sarfaesi act covers any asset, movable or immovable, given as security whether by way of mortgage, hypothecation or creation of a security interest. There are some exceptions in the act such as personal belongings. However, only that property given as security can be proceeded under the provisions of SARFAESI Act.

Detailed explanation-4: -(13) No borrower shall, after receipt of notice referred to in sub-section (2), transfer by way of sale, lease or otherwise (other than in the ordinary course of his business) any of his secured assets referred to in the notice, without prior written con ent of the secured creditor.

Detailed explanation-5: -The SARFAESI Act isn’t applicable for: Money or security issued under the Indian Contract Act or the Sale of Goods Act, 1930. Any conditional sale, hire-purchase, lease or any other contract in which no security interest has been created. Any rights of the unpaid seller under Section 47 of the Sale of Goods Act, 1930.