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VINOD KOTHARI
SECURITISATION, ASSET RECONSTRUCTION & ENFORCEMENT OF SECURITY INTEREST (Also Covering Resolution of NPAs, Corporate debt restructuring, Securitisation as a financial instrument, Detailed commentary on RBI Guidelines on Securitisation)
2nd Edition 2007
Also Covering Resolution of NPAs, Corporate debt restructuring, Securitisation as a financial instrument, Detailed commentary on RBI Guidelines on securitisation. Being an incisive commentary on the law and rules and comprehensive introduction to securitisation, asset reconstruction and enforcement of security interests.
Hard Bound
V
INOD KOTHARI ON Securitisation, Asset Reconstruction & Enforcement of Security Interest 2nd EDITION 2007 (Thoriughly Revised and Enlarged) contains an exhaustive and analytical commentary on the subject. The securitisation potential in India is huge, but the market is simply in infancy. As far as banks are concerned, there was virtually no securitisation activity at all, therefore, the clear aim of lawmaking was to remove the hurdles on the way to securitisation and encourage banks to securitise their assets. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) enacts extremely important provisions relating to three domains: securitisation, resolution of non-performing loans via the asset management route, and, above all, enforcement of the rights of the secured lender.
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 is an extremely important piece of legislation. Implemented in proper spirit, it can provide safe harbour to secured lenders and may encourage larger investor participation in corporate finance. On the other hand, if lenders step beyond the borders of “security interests” and claim general property interests in secured assets, the law would lead to chaos and litigation.

Many of the observations of the author in the 1st edition of the book have been vindicated by later judicial pronouncements, including those of the Supreme Court. The author’s incisive analysis weighs this enactment in light of common law principles, international law, and principles of equity. Not just enforcement of security interests, the present edition includes elaborate chapters on other rights of a secured lender on non-performing assets, including analysis of the very sensitive question of choosing between workouts, winding up and attachment under this law.

Securitisation is yet another important financial instrument of our times: the instrument has already helped banks and companies to raise more than USD.8 trillion globally. While this law has remained practically irrelevant for structuring securitisation transactions, the author, as an international authority on securitisation, provides a lucid guide to securitisation, including comments on RBI Guidelines. This treatise is the first comprehensive and incisive coverage on the law of securitisation, asset reconstruction and enforcement of security interests. Besides dealing threadbare with the provisions of the law, the book provides the reader a thorough grasp of the concepts of securitisation, asset management and the rights of a secured lender.

Highlights: l By an internationally recognised author on securitisation: existing books selling in 40 countries World-over. l Deals thread-bare with each section of this sensitive piece of law, exploring the intricacies, anomalies, and giving appropriate comparative view of common law, civil law and law in other countries. l Contains all subordinate law available to date: rules, directions, etc., with comments where required. l Part I contains 10 Chapters on securitisation, asset reconstruction, secured lending law, measures to deal with non performing loans, and DRT law.

 “In appropriate cases, creditors may find it better to explore possibilities of a comprehensive workout, that is, revival of a company, than mere enforcement of claims. Breaking a company down and allowing the claimants to recover their claims may not be the best solution, quite often from creditors’ viewpoint, and almost always from a larger societal viewpoint, as demolishing a corporation is almost like felling down a full-grown tree that provides shelter, relief and livelihood to lots”. “Every lender, secured or otherwise, has a claim against the borrower—for payment of the moneys payable under the loan agreement. In case of secured loans, such claim is backed by a security interest. This section is not concerned with the enforcement of the covenant or claim of the lender against the borrower, but the claim on the secured assets backing up the monetary claim. This section is not a statement of the powers of the secured creditor against the borrower: it is the powers of the secured creditor against the secured assets.” “Mardia Chemicals’ case was one of outright default. However, it is not always to be presumed that the borrower is wrong-doer, and the bank is the one that has been wronged-against. In present day world, banks are business entities—they exist not for any noble objective other than making of money and therefore, there might be instances where the impending action of the bank is apparently harsh. This author is of the view that in such cases, Courts will not hesitate to grant injunction against action as well.”
 — From this book



Price : Rs.1,295.00 £100.00 $150.00(US)
Pages 1100 (approx.)

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