An Exploration of the SARFAESI Act

An Exploration of the SARFAESI Act

Author: Syamjith Parakkott

Publisher: Taylor & Francis

Published: 2024-12-09

Total Pages: 154

ISBN-13: 1040225837

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This book looks at the constitutional and regulatory frameworks of loan and debt recovery laws and legislations. It explores different aspects of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, along with the issues and challenges in enforcing the Act in India. The book explores the evolution of debt recovery laws in India by analysing various past cases and legislations relating to the recovery of dues by banks and financial institutions. Taking the rights of both banks and borrowers into consideration, it provides a description of the relevant provisions of the SARFAESI Act and its implications. The author analyses relevant case laws and practical experiences to highlight the positives and the issues of the SARFAESI Act that have strengthened the creditor’s rights in India. The book also looks at the consolidation of insolvency and bankruptcy laws in India that have contributed to the process of debt recovery while protecting customers. Lucid and comprehensive, this volume will be an indispensable resource for students and researchers of law, business and company law, monetary economics, macroeconomics, Asian law, and comparative law. It will also be useful for teaching faculty, legal practioners and bankers.


Banking and Debt Recovery in Emerging Markets

Banking and Debt Recovery in Emerging Markets

Author: Sonali Abeyratne

Publisher: Routledge

Published: 2019-06-04

Total Pages: 246

ISBN-13: 1351791397

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This title was first published in 2001. A developing country that is pursuing free market economic policies requires a modern commercial law infrastructure, which enables the emerging economy to have in place properly functioning credit and other financial systems which stimulate domestic and foreign investment. This book provides a comparative analysis of the law and practice of debt recovery in India, Sri Lanka and Malaysia, demonstrating that a suitable debt-recovery system for a developing economy requires not only good laws and judicial remedies, but also appropriate financial industry practices such as credit and loan supervision policies.


Institutional Bypasses

Institutional Bypasses

Author: Mariana Mota Prado

Publisher: Cambridge University Press

Published: 2018-11-22

Total Pages: 165

ISBN-13: 1108473814

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Analyzes institutional bypasses, a strategy to promote change and implement reforms in developing countries.


Indian Financial System, 5th Edition

Indian Financial System, 5th Edition

Author: Machiraju H.R.

Publisher: Vikas Publishing House

Published:

Total Pages: 488

ISBN-13: 9352718798

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This much?awaited new edition of a pioneering textbook written by an expert academic and policy maker is released after a gap of eight years. All through these years the book has been in demand across many university departments and b?schools.


Indian Financial System : As per the latest Curriculum on the directives of NEP 2020 | LPSPE Edition

Indian Financial System : As per the latest Curriculum on the directives of NEP 2020 | LPSPE Edition

Author: H.R. Machiraju

Publisher: Vikas Publishing House

Published:

Total Pages: 488

ISBN-13: 9390080487

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This adaptation has been prepared using the content from a popular textbook written by an expert academic and policy maker to cater the requirements of the new NEP curriculum. India has seen landmark changes in its financial system in recent times, which has transformed the economic scenario of the country in a big way. This edition incorporates these changes in all their complexities yet retains the original focus on the analysis of the principles and practices in the money market, capital market and foreign exchange market of India. This all?inclusive textbook ; covering major concepts, regulations and practices in the working of financial intermediaries, capital market, money market and foreign exchange market ; puts the Indian financial system in the right perspective. The book has been thoroughly revised and includes the latest available data.


Emergence of Commercial Justice: Insolvency & Arbitration, First Edition

Emergence of Commercial Justice: Insolvency & Arbitration, First Edition

Author: Vivek Sood

Publisher: Bloomsbury Publishing

Published: 2021-06-10

Total Pages: 386

ISBN-13: 9354350836

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About the Book If the 1991 reforms globalized the Indian economy and brought vibrancy to the corporate sector, the year 2015-2016 can be said to have ushered the concept of 'commercial justice' that never existed in India. Prior to this, the legal system was classified between civil and criminal justice only without any concept of commercial justice which has emerged through two significant legislations- The Insolvency & Bankruptcy Code, 2016 and The Arbitration & Conciliation (Amendment) Act, 2015. These legislations are path-breaking and have far reaching implications for the Indian economy and the business world. The Supreme Court in a short span of five years has interpreted these legislations in certain important judgements, giving certainty in the scope and application of these laws. These significant judgements of the Apex Court have been analyzed in this book. In the regime prior to the Insolvency & Bankruptcy Code, 2016, the debtors laughed and the creditors cried, in other words, it was a debtors' paradise and creditors' hell. The 2016 legislation brings a paradigm shift in favour of creditors and the Apex Court has reinforced the letter and spirit of the law by its judgements as also the democracy in insolvency resolution through the Committee of Creditors (CoC). The nuances of the law have been analyzed in the book through case-law. The Apex Court has interpreted the Arbitration & Conciliation (Amendment) Act, 2015 to bring the arbitration law in sync with the global arbitration landscape. The principles of fairness in arbitration as also the minimal interference with arbitral awards have been emphasized by the Supreme Court. Vexed questions that took decades to be decided have been settled in record time so as to give clarity to the business world. The book simplifies and demystifies legal complexities through Supreme Court judgements, for the benefit of readers including Law students, young Corporate Lawyers, In-house Corporate Counsel, Company Secretaries and Chartered Accountants.


Studies in Money, Finance and Banking

Studies in Money, Finance and Banking

Author: Ed. Manoranjan Sharma

Publisher: Atlantic Publishers & Dist

Published: 2005

Total Pages: 272

ISBN-13: 9788126905249

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Economic Growth Is Positively Related To The Stage Of Financial Development. Earlier The Indian Financial System Suffered From Financial Repression . Post-1991, The Liberalisation Process Attempted To Make Credit Institutions Organisationally Strong, Financially Viable And Operationally Efficient By Well-Sequenced Reforms. These Reforms Led To A Heightened Consciousness Of Ownership And Capital Structure, Enhanced Competition, Increased Autonomy, Technological Upgradation And Performance Change. Achievement Of Competitive Advantage Requires Continued Accent On Efficiency, Productivity, Profitability And Technological Automation. The Major Challenge For Public Sector Banks (Psbs) Relates To Networking And Providing Core-Banking Solutions. Restructuring Branches, Downsizing Manpower, Reducing Operational Risk And Transactions Cost By Progressively Greater Use Of The Convergence Of Information And Communication Technology (Ict), Containing Accretions To Npas And Optimising Efficiency Have Also Emerged As Key Policy Variables Impacting The Working Of The Winning Formula. The New Capital Accord, Which Is Based On A Three Pillars Approach Of Minimum Capital Requirements, Supervisory Review Process And Market Discipline, Requires Tectonic Changes. Some Of The Key Drivers Of Basel Ii Relate To Technological Advances Leading To Emergence Of New Financial Products And New Ways Of Delivering Them, Progressively Larger Deregulation, Demographic Changes And The Nexus Of Increased Competition, Enhanced Search For Shareholder Value And Spread Of Financial Safety Nets. These Forces And Their Interactions Have Been Reflected In Securitisation, Globalisation And Consolidation In The Financial Services Industry. But Basel Ii Accord Is An Evolving Process To Handle Financial Innovation And Increasing Cross-Border Flows Triggered By Rapid Technological Advancements. Systemic Reform Of The Banking System Necessitates Streamlined Risk Management, Adequate Capital Provision, Sound Supervisory And Regulatory Practices, Transparency And Macroeconomic Stability.The Book Would Be Useful To A Wide Crosssection Of The Reading Public, Including Scholars And Academics, Government Executives, International Institutions, Business Communities And Planners, Bankers And Policymakers.