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Sarfaesi Act Section 9 Measures for Assets Reconstruction

Jan 04 2024
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(1) Dynamic Measures for Asset Reconstruction

In the pursuit of asset reconstruction, an asset reconstruction company is granted the authority to enact a range of measures, all without prejudice to existing laws:

  • Optimizing Business Management: Enhancing the efficiency of the borrower's business by facilitating a change in, or assuming control of, its management;
  • Business Restructuring: Facilitating the sale or lease of a segment or the entirety of the borrower's business;
  • Debt Payment Flexibility: Providing flexibility through the rescheduling of debt payments by the borrower;
  • Rigorous Security Interest Enforcement: Enforcing security interests diligently by the stipulations of this Act;
  • Dues Settlement Facilitation: Facilitating the settlement of dues payable by the borrower;
  • Asset Possession Prerogative: Exercising the right to take possession of secured assets, in adherence to the provisions of this Act;
  • Debt-to-Equity Transformation: Transforming a portion of debt into shares of a borrower company:

Provided that the transformation of any debt into shares of a borrower company shall be deemed retroactively valid as if the provisions of this clause were in effect at all pertinent times.

(2) Reserve Bank's Regulatory Role

The Reserve Bank is tasked, for the objectives specified in subsection (1), with formulating policies and issuing necessary directives. This includes directives that regulate the management of the borrower's business and stipulate applicable fees.

(3) Adherence to Implementation Guidelines

The asset reconstruction company is obligated to implement measures under subsection (1) in strict adherence to the policies and directives of the Reserve Bank, as established under subsection (2)

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