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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest

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PROCEDURE FOR NOTICE

If the pre-conditions for taking action to enforce security interest are satisfied, then security interest may be enforced in the following manner:

The secured creditor can send a written notice to the borrower to discharge in full his liabilities within 60 days from date of notice failing which the secured creditor shall be entitled to exercise all his rights.

The notice shall give details of amount payable by borrower and the secured asset intended to be enforced by the secured creditor in the event of non-payment of secured debts by the borrower.

Introduction
What is security interest, property, hypothecation
Who is a Secured Creditor & when can security be enforced
What is a NPA (Non Performing Asset)
Procedure for notice
Measures in case of non payment
Rights of financial corporation in case of default
Time limit for taking action after notice is served
Jurisdiction of civil court barred
Magistrate supervision to take over possession
Change of directors / appointment of administrator
Effect of takeover of management
Appeal to Debt Recovery Tribunal (DRT)

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