Moratorium power suspends creditor actions and enables binding reconstruction or amalgamation schemes to reorganise banks. Section 45 authorises the Reserve Bank to seek a moratorium suspending actions and payments against a banking company and to prepare a scheme for ... Summary
Moratorium power suspends creditor actions and enables binding reconstruction or amalgamation schemes to reorganise banks.
Section 45 authorises the Reserve Bank to seek a moratorium suspending actions and payments against a banking company and to prepare a scheme for reconstruction or amalgamation. The scheme may transfer assets, liabilities and business to a transferee bank, alter corporate and governance structures, regulate member, depositor and creditor rights including cash payment or share allotment, secure employee terms with specified safeguards, and, once sanctioned by the Central Government, becomes binding and effectual, with transfers of property and liabilities occurring by virtue of the scheme.
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