CERSAI. Tata Consultancy Services Ltd. Central Registry System. Version 1.1

Transcription

1 CERSAI Central Registry System User Manual Asset Reconstruction and Securitization Version 1.1 1

2 Contents Introduction... 3 Abbreviations and Acronyms... 4 Asset Reconstruction/Securitization... 5 Registration of Asset Reconstruction /securitization... 5 Satisfaction of ARC Enquiry of ARC Online Reports Annexure... Error! Bookmark not defined. 2

3 Introduction Central Registry of Securitization Asset Reconstruction and Security Interest of India is a company licensed under section 25 of the Companies Act, 1956 and registered by the Registrar of Companies, New Delhi. The Company is a Government Company with a shareholding of 51% by the Central Government and select Public Sector Banks and the National Housing Bank are also shareholders of the Company. The object of the company is to maintain and operate a Registration System for the purpose of registration of transactions of securitization, asset reconstruction of financial assets and creation of security interest over property, as contemplated under Chapter IV of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, (SARFAESI Act). The Registration would be applicable to transactions of security interest over property created to secure loans and advances from the banks and financial institutions as defined under the SARFAESI Act. The Company is providing the platform for filing registrations of transactions of securitization, asset reconstruction and security interest by the banks and financial institutions. Any person can also search and inspect the records maintained by the Registry on payment of fees prescribed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) Rules, Following are the key Goals and Objectives of the Central Registry System: To provide mechanism for registration of transaction of securitization and reconstruction of financial Asset and security interest created under SARFAESI. Create a central data repository for collateral related information. To develop a web based system for financial institutions and general public to access this information. To enable lenders and other stake holders to get real time current information regarding the collateral being mortgage by borrower. To prevent fraudulent transactions arising out of same asset being mortgage with multiple lenders. To collect and decimate information regarding the priority and amount secured by the charge on collateral. Provide potential buyers of assets with information about any encumbrances on the assets. Maintaining history of charges created and satisfied on a particular asset. Lenders can access the data on this registry to ascertain whether the same asset has been mortgage with any other institutions. 3

4 Abbreviations and Acronyms Abbreviation / Acronym CERSAI TCS UAT M&A PUA Originator Asset Reconstruction Transaction Date ARC SID Description Central Registry of Securitization Asset Reconstruction and Security Interest of India Tata Consultancy Services User Acceptance Testing Merger and Acquisition Primary User Administrator The Institution who is selling the portfolio The Date of Transaction of portfolio between the Originator and the ARC Company Asset reconstruction and securitization Security Interest ID 4

5 Asset Reconstruction/Securitization Securitization is a process through which illiquid assets are transferred into more liquid form of assets and distributed to qualified institutional buyers through Capital Market by issuing security receipts. The same is treated as debt instrument listed on Stock exchange for providing liquidity to original lender who utilizes the funds to finance or enhance its business activities. Since the financial assets are transferred to new entity i.e. independent securitization company, the financial assets are removed from the balance sheet of lending institutions and are instead funded by investors. On the other hand, Non performing assets are pooled together & transferred to Asset Reconstruction Company which is termed as Reconstruction of Financial Asset. In both the cases, System will allow Securitization/Asset Reconstruction Company to record the transaction in Central Registry System. The basic assumption is that Securitization/Asset Reconstruction Company should have been registered in Central Registry system to record details of securitized/asset reconstructed transactions. That means, securitization/asset reconstruction transactions will be recorded in Central Registry system by Securitization/Asset Reconstruction Company respectively. Processes involved in Section Asset Reconstruction: a) Registration of Asset Reconstruction /securitization b) Satisfaction of ARC c) Enquiry of ARC d) Correction of Securitized / Reconstructed Assets Registration of Asset Reconstruction /securitization Following are the steps to be followed for registration a. Before registering any ARC portfolio the ARC Institution should get the charge of property transferred to its name. The institutions can transfer the ownership of charge by modification. If Charge is not transferred from previous institution to ARC Institution, the Arc Institution should ask the Institution to transfer the ownership. b. The ARC Institution User should login to the system 5

6 c. Navigate through reconstruction/securitization link. This form is used to enter ARC details in central registry system. d. Select the Type of Transaction Asset Reconstruction or Securitization. Please note if Securitization is selected then security receipts are mandatorily to be filled. 6

7 Following screen will be displayed, where details need to be entered by asset reconstruction company i. Originator Bank ii. ARC iii. Security Receipts iv. Asset Description v. Recovery e. Fill the Originator Details. Select the entity type, name and enter address details of the originator bank. Fields marked * are mandatory. 7

8 f. Fill ARC Details. Under ARC Asset Reconstruction transaction date and ARC address needs to be entered. g. Fill security receipts details if applicable. Fill name of investor, number of security receipts and amount of security receipts for a transaction. This is mandatory in case of securitization. Multiple investors details can be entered by clicking +Add Security Receipts h. In Asset description details fill the details of borrower and loans. Asset details can be filled by two modes i. Batch File Mode ii. Web Mode 8

9 In Batch mode user needs to prepare a Xl file as per the given format attached in annexure. The XL document can be saved in.csv (coma delimited) format and can uploaded. If there is any issue with the correctness of the file then user will shown the problems / errors identified along with suggestions. In Online mode following details are required to be filled Borrower name Borrower address Select nature of facility Outstanding amount Outstanding amount date Asset description details In case of Multiple loans, details of loans can be entered using +add facility option and multiple borrower details can be entered using +add borrower option. For each facility details are required to be filled in by clicking on Add Details button. Following are the details required to be filled in a) Immovable Properties b) Movable Properties c) Corporate / Personal guarantee In Immovable property details multiple Security Interest ID can be give separated by commas. In case where under lying security interest Id s does not exists or not transferred in the name of ARC then system will show an alert message to get the charge transferred. 9

10 i. Recovery Details, fill the following details i. Name of borrower(by default) ii. Outstanding loan amount(total loan amount against each borrower) iii. Outstanding loans as on date iv. Number of recovery proceedings v. Status on receiver appointed And click on Submit Record Button. After successful submission, queue reference will be generated which has to be approved by the checker Once record is submitted, checker can approve/reject the record through checker FYA link by selecting type of transaction as reconstruction/securitization 10

11 System will display all the ARC transactions records created by a particular Maker. Checker can select the transaction one by one to view the data entered click on show details by clicking on radio button. Checker User can uncheck any detail entered by the maker and can reject the record. The same will reflect back to maker user. 11

12 In case where hard copy of the form III is already submitted to CERSAI then checker user has to enter the reference number provided by CERSAI, by doing so no fee will be deducted from the entities account as the fee is already paid by the respective institution. Once checker will confirm the record Asset Reconstruction Securitization Reference number will be created. 12

13 In case where record is rejected by checker then maker can amend the record through maker FYA link. Maker can make the necessary corrections and click on correct record and submit it to checker again. Satisfaction of ARC Satisfaction of securitized/reconstructed asset can be done for one entry in the portfolio or the complete portfolio. Following are the steps to be followed for satisfaction of portfolio a) Login and fill the reconstruction/securitization Id which is to be satisfied 13

14 b) Check the details Originator, ARC Details and Security Receipts, c) In Asset Description, satisfaction can be done for a single SID or whole portfolio d) To satisfy the whole portfolio, give the satisfaction date, satisfaction reason this satisfaction reason will be selected for all the SID and select all the records e) To satisfy the individual SID select the particular record, fill the satisfaction date and satisfaction reason for the particular SID 14

15 f) After filling up the details click on the Satisfy Security Interest(s) button After submitting the record a Transaction number will be generated 15

16 g) The record will be sent to Checker for approval, the checker can approve or reject the record Enquiry of ARC ARC can view the details of their registered transactions by entering ARC transaction number through enquiry link. To view the details click on the Enquiry link given in side Links and fill the Reconstruction Securitization ID 16

17 Once click on submit the details of the record will be shown The details can be viewed by navigating through the various tabs Online Reports Checker users of an Institution can view/download the reports (.xls format) of transactions date wise from the link Download online Reports. 17

18 After clicking on Generate Report, All the Transaction within the entered time duration will be displayed. Any transaction can be selected by clicking on radio button. On clicking of Download button the report for the selected transaction will be downloaded along with the signature file for verification purpose. ********************************************** End Of Document ****************************************** 18