Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest
(Central Registry) Rules, 2011.
To be
published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) of
dated the March, 2011
Government of India
Ministry of Finance
(Department of Financial Services)
Notification
New Delhi, dated the March, 2011
G.S.R-(E).-
In exercise of the powers conferred by sub-section (1) and clauses (c) to (g)
of sub-section (2) of section 38 read with section 20 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (54 of 2002), the Central Government hereby makes the following rules,
namely:-
1. Short title and commencement.-(1) these
rules may be called the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest (Central Registry) Rules, 2011.
(2) They shall come into force on the date of their
publication in the Official Gazette.
2. Definitions.-
(1) In these rules, unless the
context otherwise requires,-
(a) “Act” means the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (54 of 2002);
(b) “Central Register” means the register kept
and maintained under section 22 of the Act;
(c) “Central Registrar” means a person
appointed as such under sub-section (1) of section 21 of the Act;
(d) “Central Registry” means the Central
Registry set up under section 20 of the Act;
(e) “Transaction” means any
transaction of securitisation of financial assets or reconstruction of
financial assets or security interest created over the property and
modification and satisfaction of any security interest over property.
(2)
Words and expressions used in these rules and not
defined shall have the meaning respectively assigned to them in the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (54 of 2002); or the Information Technology Act,
2000 (21 of 2000), as the case may be.
3. Maintenance of Central Register
(1) A Central Register shall be kept
for the purpose of maintaining records of registration of transactions relating
to securitisation, reconstruction of financial assets and security interest
created over properties, under the Act.
(2) All electronic documents,
required to be signed by the Central Registrar under the Act or rules made
thereunder, shall be authenticated through his digital signature.
4. Manner in which particulars of
Transaction are to be filed with the Central Registry.-
(1) Particulars of every transaction
of securitisation or reconstruction of financial assets and satisfaction of
such transaction on realisation of the financial assets or creation,
modification or satisfaction of any security interest required to be registered
under sections 23, 24 and 25 of the Act, shall be filed in such Forms as may be
specified by the Central Government from time to time as hereinafter provided.
(2) Particulars of every transaction
of securitisation and reconstruction of financial assets and creation,
modification or satisfaction of security interest by way of mortgage by deposit
of title deeds shall be filed in Form I, Form II, Form III or Form IV, as the
case may be, and shall be authenticated by a person specified in the Form for
such purpose by use of a valid digital signature.
(3) The Central Government may
specify Forms for filing particulars of creation, modification or satisfaction
of security interest other than mortgage by deposit of title deeds by amendment
to these rules from time to time.
(4) If any security interest being
created in favour of two or more lenders, the details as to inter se priority
amongst them and whether they hold it on a pari passu or subordinate basis
shall be required to be specified:
Provided that if the ranking of
security is not available, the Central Registrar may allow such time, not
exceeding sixty days from the date of application, for the same to be furnished
by the secured creditors.
5. Time limit for registration and condonation of delay
(1) The particulars of every
transaction referred to in sub-rule (1) of rule 3 shall be filed the Central
Registrar within a period of thirty days from the date of such transaction.
TABLE
Serial Number
|
Nature of
transaction to be Registered
|
FORM No.
|
Amount of fee
payable
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
Particulars of
creation or modification of Security Interest in favour of secured creditors
|
FORM I
|
500 for
creation and for any subsequent modification of Security interest in favour
of a secured creditor for a loan above 5 lakh. For a loan upto 5 lakh, the
fee would be 250 for both creation and modification of security interest.
|
2.
|
Satisfaction
of any existing Security Interest
|
FORM II
|
250
|
3.
|
Particulars of
securitisation or reconstruction of financial assets
|
FORM III
|
1000
|
4.
|
Particulars of
satisfaction of securitisation or reconstruction transactions
|
FORM IV
|
250
|
5.
|
Any
application for information recorded / maintained in the Register by any
person
|
----
|
50
|
6.
|
Any
application for condonation of delay up to 30 days
|
----
|
Not exceeding
2500 in case of creation of security interest for a loan up to 5 lakh and not
exceeding 5000 in all other cases.
|
(2) In cases where there is a delay
in filing the particulars of transaction for registration or modification or
satisfaction within the time specified in sub-rule (1), the Central Registrar,
on an application in specified form, stating the reasons for delay not exceeding
thirty days from next following the period of thirty days provided in sub-rule
(1) may allow filing of the particulars of transaction on payment of additional
fees as specified in these rules.
6. Inspection of records of Central Register
The particulars of any transaction
kept in the Central Registry shall be open for inspection to any person through
the website of the Central Registry and during the business hours at the
Central Registry on payment of fee specified in rule 7:
Provided that the Central Registry
may allow the inspection to be carried out through such person, authorised by
it in this behalf.
7. Fees
Every Form for registration of any
transaction relating to security interest over any property and every request
for inspection of any record maintained by the Central Registry shall be
accompanied by a fee specified in the Table given below to be paid to the
Central Registry in such manner as may be specified from time to time.
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