Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016 - ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS LAWS AND MISCELLANEOUS PROVISIONS (AMENDMENT) - Indian Law
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Central registry of security interests links registration to enforcement and secures priority for registered secured creditors. The Amendment Act recognises and defines asset reconstruction companies, debenture trustees and debt securities; authorises a Central Registry integrated with multiple registration systems; makes registration of security interests a public notice and a precondition for enforcement; grants the Reserve Bank audit, inspection and corrective powers over asset reconstruction companies; prescribes priority to registered secured creditors over subsequent interests and government dues (subject to insolvency law); and reforms procedural, penalty, electronic filing, stamp duty and depository provisions to operationalise registration, enforcement and recovery.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Central registry of security interests links registration to enforcement and secures priority for registered secured creditors.
The Amendment Act recognises and defines asset reconstruction companies, debenture trustees and debt securities; authorises a Central Registry integrated with multiple registration systems; makes registration of security interests a public notice and a precondition for enforcement; grants the Reserve Bank audit, inspection and corrective powers over asset reconstruction companies; prescribes priority to registered secured creditors over subsequent interests and government dues (subject to insolvency law); and reforms procedural, penalty, electronic filing, stamp duty and depository provisions to operationalise registration, enforcement and recovery.
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