FAQ

Q.1 Why does a Bank/Financial Institutions declare an asset for Auction/possession?
 In theory, a loan is a simple transaction where a borrower wants money, and a lender advances it and collects interest on it and this arrangement continues until the loan is repaid by the borrower. In practice, however, it is observed that there are defaulters and they ruin the lenders financials. While in case of secured loans the borrower offers collateral such as real estate or machinery which serves as a security to the lender, authorizing it to seize and sell the asset to recover its money, in the event of default in repayment of loan by the borrower. The loan accounts where the borrower fails to repay the loan, then this asset becomes Non performing Asset (NPA).

Q.2 What are the type of defaults which allows banks/financial institutions to classify an asset ,including a property as NPAs?
 Non-performing Asset (NPA) means an asset for which: (i) Interest or principal (or installment) is overdue for a period of 90 days or more from the date of acquisition or the due date as per contract between the borrower and the lender, whichever is later; (ii) Interest or principal (or installment) is overdue for a period of 90 days or more from the date fixed for receipt thereof in the plan formulated for realization of the assets.

Q.3 What are the course of actions initiated by the banks/FIs to recover their loans?
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) empowers Banks / Financial Institutions to recover their non-performing assets without the intervention of the Court. Methods: The Act provides three alternative methods for recovery of non-performing assets. . Securitisation, . Asset Reconstruction, . Enforcement of Security without the intervention of the Court Provisions: The provisions of this Act are applicable only for NPA loans with outstanding above Rs. 1.00 lac. NPA loan accounts where the amount is less than 20% of the principal and interest are not eligible to be dealt with under this Act; Non-performing assets should be backed by securities charged to the Bank by way of hypothecation or mortgage or assignment. Security Interest by way of Lien, pledge, hire purchase and lease not liable for attachment under sec.60 of CPC, are not covered under this Act. Powers to Banks: This act gives the following powers to the affected Banks . To issue demand notice to the defaulting borrower and guarantor, calling upon them to discharge their dues in full within 60 days from the date of the notice. . To give notice to any person who has acquired any of the secured assets from the borrower to surrender the same to the Bank. . To ask any debtor of the borrower to pay any sum due or becoming due to the borrower. . Any Security Interest created over Agricultural Land cannot be proceeded with. Procedure: If on receipt of demand notice, the borrower makes any representation or raises any objection, Authorised Officer shall consider such representation or objection carefully and if he comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate the reasons for non acceptance Within One Week of receipt of such representation or objection.A borrower / guarantor aggrieved by the action of the Bank can file an appeal with DRT and then with DRAT, but not with any civil court. The borrower / guarantor has to deposit 50% of the dues before an appeal with DRAT. Measures: If the borrower fails to comply with the notice, the Bank may take recourse to one or more of the following measures: . Take possession of the security . Sale or lease or assign the right over the security . Manage the same or appoint any person to manage the same

Q.4 Does the Bank/FIU require an order from the court of law to exercise its action for recovery?
No. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) empowers Banks / Financial Institutions to recover their non-performing assets without the intervention of the Court. However the Banks/FI may approach a bank for an order when it apprehends obstruction or threat and the court would pass an order accordingly.

Q.5 Can an NPA account be regularized?
Yes, provided the outstanding amount as on the date of issuance of notice u/s 13(2) is paid within time.

Q.6 What assets are covered under SARFAESI?
Any asset, movable or immovable, given as security whether by way of mortgage, hypothecation or creation of a security interest in any other form except those excluded u/s 31 of the Act.

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