VINOD KOTHARI SECURITISATION, ASSET RECONSTRUCTION & ENFORCEMENT OF SECURITY INTERESTS 4TH EDITION, General Contents

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1 VINOD KOTHARI SECURITISATION, ASSET RECONSTRUCTION & ENFORCEMENT OF SECURITY INTERESTS 4TH EDITION, 2013 Title Page. iii Preface to the Fourth Edition.. vii Preface to the Third Edition... ix Preface to the Second Edition.. xi Preface to the First Edition.. xiii About the Author. xv Table of Cases. xxiii Table of Statutes. xlix List of Tables.... lix List of Figures.. lxi Subject Index 1393 PART I INTRODUCTION TO SECURITISATION, ASSET RECONSTRUCTION AND ENFORCEMENT OF SECURITY INTERESTS CHAP. 1 INTRODUCTION TO SECURITISATION... 3 CHAP. 2 THE INDIAN SECURITISATION MARKET APP. 1 STAMP NOTIFICATIONS IN SOME STATES 110 APP. 2 GUIDANCE NOTE ON SECURITISATION ACCOUNTING xvii

2 xviii CHAP. 3 APP. 3 RECOMMENDATIONS OF PATIL COM- MITTEE REPORT: ASSET BACKED SE- CURITIES MARKET APP. 4 SECURITIES CONTRACTS REGULATION (AMENDMENT) BILL, APP. 5 EXTRACT OF REPORT OF THE PARLIA- MENTARY STANDING COMMITTEE OF FINANCE ON SECURITISATION APP. 6 SECURITIES AND EXCHANGE BOARD OF INDIA (PUBLIC OFFER AND LISTING OF SECURITISED DEBT INSTRUMENTS) RE- GULATIONS, RBI S GUIDELINES ON SECURITISATION OF PER- FORMING ASSETS CHAP. 4 APP. 1 DISCUSSION PAPER ON EMERGING TRENDS IN REGULATION AND SUPERVI- SION OF SECURITISATION ACTIVITIES OF BANKS TAXATION OF SECURITISATION TRANSACTIONS IN INDIA CHAP. 5 NON-PERFORMING LOANS A GLOBAL PROBLEM CHAP. 6 ASSET MANAGEMENT COMPANIES AND RESOLUTION OF NPLS APP. 1 IMPORTANT FEATURES OF THE THAI- LAND ASSET MANAGEMENT COR- PORATION LAW APP. 2 IMPORTANT FEATURES OF THE PENGUR- USAN DANAHARTA NASIONAL BERHAD ACT APP. 3 DANAHARTA S LOAN RESTRUCTURING PRINCIPLES AND GUIDELINES CHAP. 7 NON-PERFORMING LOANS A SLEW OF MEASURES ANNEX. 1: CHAPTER III-A OF THE RESERVE BANK OF INDIA ACT, ANNEX. 2: MASTER CIRCULAR ON WILFUL DEFAU- LTERS

3 xix ANNEX. 3: CREDIT INFORMATION COMPANIES (REGULATION) ACT, ANNEX. 4: SECTION 22 OF SICK INDUSTRIAL COM- PANIES (SPECIAL PROVISIONS) ACT, ANNEX. 5A: PRUDENTIAL GUIDELINES ON RESTRUCTURING OF ADVANCES BY BANKS ANNEX.5B: GUIDELINES FOR RESTRUCTURING UNDER CDR MECHANISM ANNEX. 6A: RESTRUCTURING IN CASE OF SMES RBI NOTIFICATION DATED 8TH SEPTEMBER, ANNEX. 6B: RESTRUCTURING OF SME ADVANCES- SME DEBT RESTRUCTURING MECHANISM ANNEX. 7: GUIDELINES ON PURCHASE/SALE OF NON-PERFORMING FINANCIAL ASSETS (AS INCORPORATED IN MASTER CIRCULAR ON PRUDENTIAL GUIDELINES, JULY 1, 2013) CHAP. 8 CHAP. 9 ASSET RECONSTRUCTION COMPANIES IN INDIA: GE- NESIS AND PERFORMANCE LAW AND PRACTICE OF ASSET RECONSTRUCTION IN INDIA APP. 1 RBI GUIDELINES AND DIRECTIONS APP. 2 GUIDELINES TO BANKS FOR SALE OF NPLS TO ASSET RECONSTRUCTION COMPANIES APP. 3 GUIDANCE NOTE FOR SECURITISATION COMPANIES AND RECONSTRUCTION COMPANIES APP. 4 NOTIFICATIONS RELATING TO ASSET RECONSTRUCTION COMPANIES

4 xx CHAP. 10 APP. 5 GUIDELINES FOR TAKEOVER OF MANAGEMENT APP. 6 MASTER CIRCULAR ON DIRECTIONS/ INSTRUCTIONS ISSUED TO THE SECURITISATION COMPANIES/ RECONSTRUCTION COMPANIES INTRODUCTION TO GLOBAL LAWS ON SECURITY IN- TERESTS APP. 1 LAW COMMISSION OF UK RECOMMEN- DATIONS ON REFORM OF SECURITY INTEREST LAW CHAP. 11 DEBT RECOVERY LAW IN INDIA: AN OVERVIEW PART II SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 CHAP. I PRELIMINARY CHAP. II REGULATION OF SECURITISATION AND RECON- STRUCTION OF FINANCIAL ASSETS OF BANKS AND FINANCIAL INSTITUTIONS CHAP. III ENFORCEMENT OF SECURITY INTEREST CHAP. IV CENTRAL REGISTRY CHAP. V OFFENCES AND PENALTIES CHAP. VI MISCELLANEOUS APP. 1 MODEL CLAUSES IN CONSTITUTIONAL DOCUMENTS OF SPVS APP. 2 FAS 140 REQUIREMENTS FOR QUALIFYING SPECIAL PURPOSE VEHICLES

5 xxi APP. 3 STANDARD AND POOR S LEGAL CRITERIA FOR SPECIAL PURPOSE ENTITIES PART III SUBORDINATE LAW (RULES, DIRECTIONS, ETC.) WITH COMMENTS [1] SECURITY INTEREST (ENFORCEMENT) RULES, APP. I PANCHNAMA APP. II INVENTORY APP. III CERTIFICATE OF SALE APP. IV POSSESSION NOTICE APP. V SALE CERTIFICATE APP. VI FORM APP. VII APPLICATION UNDER SUB-SECTION (1) OF SECTION 17 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECUR- ITY INTEREST ACT, APP. VIII APPLICATION UNDER SUB-SECTION (6) OF SECTION 17 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECU- RITY INTEREST ACT, APP. IX APPEAL UNDER SECTION 18 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCE- MENT OF SECURITY INTEREST ACT, [2] SARFAESI ACT (REMOVAL OF DIFFICULTIES) ORDER, [3] ARC DIRECTIONS AND GUIDELINES [4] GUIDELINES FOR BANKS FOR DISPOSAL OF NON- PERFORMING OR FINANCIAL ASSETS [5] SARFAESI NOTIFICATIONS

6 xxii [6] APPLICATION FORM FOR SETTING UP ARCS [7] FORM OF APPLICATION FOR CERTIFICATE OF REGI- STRATION TO COMMENCE/CARRY ON THE BUSINESS OF A SECURITISATION COMPANY OR RECONSTRUC- TION COMPANY APP. 1 App. 2 App. 3 APP. 4 PART IV REFERENCE LAW: STATUTES INTEGRALLY REFERRED IN THE MAIN LAW APPENDICES RELEVANT EXTRACTS FROM THE TRANSFER OF PRO- PERTY ACT, THE RECOVERY OF DEBTS DUE TO BANKS AND FINAN- CIAL INSTITUTIONS ACT, DEBT RECOVERY TRIBUNAL (PROCEDURE) RULES, DEBTS RECOVERY APPELLATE TRIBUNAL (PROCE- DURE) RULES, APP. 5 THE DEBTS RECOVERY TRIBUNAL (PROCEDURE) AMENDMENT RULES, APP. 6 APP. 7 APP. 8 THE DEBTS RECOVERY APPELLATE TRIBUNAL (FINAN- CIAL AND ADMINISTRATIVE POWER) RULES, DEBTS RECOVERY TRIBUNAL (FINANCIAL AND ADMIN- ISTRATIVE POWER) RULES, SPECIAL RECOVERY PPOWERS UNDER SOME INDIAN LAWS ANNEX. 8.1 PROVISIONS IN THE STATE FINANCIAL CORPORATIONS ACT, ANNEX. 8.2 PROVISIONS IN THE IFC ACT ANNEX. 8.3 PROVISIONS IN THE IRBI ACT, SUBJECT INDEX