Section 9

Measures for assets reconstruction.

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

  • Act 54 of 2002
  • Ministry of Finance
  • Department of Financial Services
About this Act

An Act to regulate securitisation and reconstruction of financial assets and enforcement of security interest and to provide for a Central database of security interests created on property rights, and for matters connected therewith or incidental thereto.

All sections
    1[9. Measures for assets reconstruction.-- (1)Without prejudice to the provisions contained in any other law for the time being in force, an asset reconstruction company may, for the purposes of asset reconstruction, provide for any one or more of the following measures, namely:--
         (a) the proper management of the business of the borrower, by change in, or take over of, the management of the business of the borrower;
         (b) the sale or lease of a part or whole of the business of the borrower;
         (c) rescheduling of payment of debts payable by the borrower;
         (d) enforcement of security interest in accordance with the provisions of this Act;
         (e) settlement of dues payable by the borrower;
         (f) taking possession of secured assets in accordance with the provisions of this Act;
         (g) conversion of any portion of debt into shares of a borrower company:
    Provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times.
     (2) The Reserve Bank shall, for the purposes of sub-section (1), determine the policy and issue necessary directions including the direction for regulation of management of the business of the borrower and fees to be charged.
     (3) The asset reconstruction company shall take measures under sub-section (1) in accordance with policies and directions of the Reserve Bank determined under sub-section (2).]

Notes

1. Subs. by Act 44 of 2016, s. 8, for section 9 (w.e.f. 1-9-2016).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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