Securitisation, Asset Reconstruction & Enforcement of Security Interests

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 is an extremely important piece of legislation. Implemented in proper spirit, it can provide safe harbour to secured lenders and many encourage larger investor participation in corporate finance. On the other hand, if lenders step beyond the borders of “security interests” and claim general property interests in secured assets, the law would lead to chaos and litigation. Securitization is yet another important financial instrument of our times: the instrument has already helped banks and companies to raise more than USD 6.8 trillion globally. It is to be seen if the present piece of law, structured as an enabling legislation, helps banks and financial institutions effectively tap capital markets for banking assets. This treatise is the first comprehensive and incisive coverage on the law of securitisation, asset reconstruction and enforcement of security interests. Besides dealing threadbare with the provisions of the law, the book provides the reader a thorough grasp of the concepts of securitisation, asset management and the rights of a secured lender. Highlights: By an internationally recognised author on securitisation: existing books selling in 40 countries World-over; Deals thread-bare with each section of this sensitive piece of law, exploring the intricacies, anomalies, and giving appropriate comparative view of common law, civil law and law in other countries; Contains all subordinate law available to date: rules, directions, etc., with comments where required; Part I contains thorough conceptual introduction to each of the three products: securitisation, and encorcement of security interests.