Define the following terms under SARFAESI Act, 2002: (a) Securitisation (b) Secured Creditor (c) Security Receipt

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2020
Define the following terms under SARFAESI Act, 2002: (a) Securitisation (b) Secured Creditor (c) Security Receipt

Answer & Explanation:

(a) According to Section 2(1)(z) of the SARFAESI Act, 2002, 'Securitisation' means acquisition of financial assets by any asset reconstruction company from any originator, whether by raising of funds by such asset reconstruction company from qualified buyers by issue of security receipts representing undivided interest in such financial assets or otherwise. (b) According to Section 2(1)(zd) of the SARFAESI Act, 2002, 'Secured Creditor' means: (i) any bank or financial institution or any consortium or group of banks or financial institutions holding any right, title or interest upon any tangible asset or intangible asset as specified in clause (1) (ii) debenture trustee appointed by any bank or financial institution; or (iii) an asset reconstruction company whether acting as such or managing a trust setup by such asset reconstruction company for the securitisation or reconstruction, as the case may be; or (iv) debenture trustee registered with the Board appointed by any company for secured debt securities; or (v) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created by any borrower for due repayment of any financial assistance. (c) According to Section 2(1)(zg) of the SARFAESI Act, 2002, 'Security Receipt' means a receipt or other security, issued by a asset reconstruction company to any qualified buyer pursuant to a scheme, evidencing the purchase or acquisition by the holder thereof, of an undivided right, title or interest in the financial asset involved in securitization.

Topics: Securitisation and Reconstruction of Financial Assets

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