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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest

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EFFECT OF TAKEOVER OF MANAGEMENT

The takeover of assets, has following effect:

SHAREHOLDERS CANNOT APPOINT DIRECTORS - After the takeover of assets, shareholders of company cannot appoint or nominate any director of the company.

NO RESOLUTION WITHOUT CONSENT OF SECURED CREDITORS - Any resolution passed by shareholders will be effective only if approved by secured creditors.

NO PROCEEDING FOR WINDING UP - No proceeding for winding up of such company or appointment of receiver shall lie in any court, without the consent of secured creditor.

NO COMPENSATION FOR LOSS OF OFFICE - Any Managing Director or Director of the borrower shall not be entitled to any compensation for loss of office or for premature termination of any contract of agreement with the borrower. However, the MD or director or manager shall be entitled to any other money receivable, other than compensation.



Introduction
What is security interest, property, hypothecation
Who is a Secured Creditor & when can security be enforced
What is a NPA (Non Performing Asset)
Procedure for notice
Measures in case of non payment
Rights of financial corporation in case of default
Time limit for taking action after notice is served
Jurisdiction of civil court barred
Magistrate supervision to take over possession
Change of directors / appointment of administrator
Effect of takeover of management
Appeal to Debt Recovery Tribunal (DRT)

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