Act 12 of 2012

The Factoring Regulation Act, 2011

An Act to provide for and regulate assignment of receivables by making provision for registration there for and rights and obligations of parties to contract for assignment of receivables and for matters connected therewith or incidental thereto.

  • Ministry of Finance
  • Department of Financial Services
  • Enacted 2012-01-22
  • 36 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Registration of factors. Read
4 Provisions of non-banking financial companies apply to factor. Read
5 Requirement for registration as a factor not to apply to bank or Statutory corporation or Government company. Read
6 Powers of Reserve Bank to give directions and to collect information from factors. Read
7 Assignment of receivables. Read
8 Notice to debtor and discharge of obligation of such debtor. Read
9 Discharge of liability of debtor on payment to assignee. Read
10 Payment made by debtor to assignor to be held in trust for benefit of assignee in certain cases. Read
11 Rights and obligations of parties to contract for assignment of receivables. Read
12 Liability of debtor. Read
13 Assignor to be trustee of assignee. Read
14 Liability of debtor in case of an assignor being mircro or small enterprises. Read
15 Principle of debtor protection. Read
16 Defences and right of set off of debtor. Read
17 Modification of original contract. Read
18 Breach of contract. Read
19 Registration of certain assignments of receivables transactions. Read
20 Public inspection. Read
21 Penalties. Read
22 Penalties for non-compliance of direction of Reserve Bank. Read
23 Offences. Read
24 Cognizance of offences. Read
25 Offences by factors. Read
26 Provisions of this Act to override other laws. Read
27 Application of other laws not barred. Read
28 Limitation. Read
29 Confidentiality of information. Read
30 Power to exempt. Read
31 Provisions of this Act not to apply or affect in certain cases. Read
31A Power to make regulations.Read
32 Power of Central Government to make rules. Read
33 Laying of rules. Read
34 Power to remove difficulties. Read
35 Amendments to certain enactments. Read
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