Under what circumstances the Certificate of Registration of an Asset Reconstruction Company issued under SARFAESI Act, 2002 can be cancelled?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2019
Under what circumstances the Certificate of Registration of an Asset Reconstruction Company issued under SARFAESI Act, 2002 can be cancelled?

Answer & Explanation:

Section 4 of the SARFAESI Act, 2002 dealing with the cancellation of certificate of registration, provides as under: (1) The Reserve Bank may cancel a certificate of registration granted to asset reconstruction company, if such company - (a) ceases to carry on the business of securitisation or asset reconstruction; or (b) ceases to receive or hold any investment from a qualified buyer; or (c) has failed to comply with any conditions subject to which the certificate of registration has been granted to it; or (d) at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (3) of section 3; or (e) fails to - comply with any direction issued by the Reserve Bank under the provisions of this Act; or maintain accounts in accordance with the requirements of any law or any direction or order issued by the Reserve Bank of India under the provisions of this Act; or submit or offer for inspection its books of account or other relevant documents when so demanded by the Reserve Bank; or obtain prior approval of the Reserve Bank required under sub-section (6) of section 3 of the Act.

Topics: SARFAESI Act, 2002

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