SPECIALIST OFFICER LAW STUDY MATERIAL ON SARFAESI ACT 2002
SARFAESI Act (The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Act, 2002) was enacted to regulate securitization and reconstruction of financial assets and enforcement of security interest created in respect of Financial Assets to enable realization of such assets. The SARFAESI Act provides for the manner for enforcement of security interests by a secured creditor without the intervention of a court or tribunal. If any borrower fails to discharge his liability in repayment of any secured debt within 60 days of notice from the date of notice by the secured creditor, the secured creditor is conferred with powers under the SARFAESI Act to a) take possession of the secured assets of the borrower, including transfer by way of lease, assignment or sale, for realizing the secured assets b) takeover of the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realizing the secu...