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Created by : Sunil Goel, Lawyer/Attorney, SG SOLICITORS  | 09 16 2009 11:08:23 +0000
Industry : BankingFunctional Area : India(Markets)
Activity:  588 views;  last activity : 01 19 2011 18:47:31 +0000

The Securitisation Act 2002 is turning out to be a tool for greedy Securitisation companies to emasculate the hapless borrowers. These companies buy the loan accounts at throw-away prices from the Banks and then inflate the demand and claim inflated demand from the borrower (obviuously borrower refuse to pay inflated demand) and then take over the poossession of the assets and busienss of the borrower. What do you think can be done to protect the borrowers from such unethical practices of the Securitisation companies who are given undue advantage by the SEcuritisation Act?  Should this Act be scrapped alltogether?

 
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Actually, Securitisation companies in the name of recovering public dues, are make money at the cost of closing down even running units. The common man is suffering because of this. This Act should indeed be scrapped immediately.


By Aarti Gupta, Legal Consultant  09 17 2009 07:55:41 +0000
 
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Securitisation involves the pooling of assets and the subsequent sale of the cash flows from these asset pools to investors.
By hik , oijlkjl;j  | 01 19 2011 09:58:21 +0000
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its going to hurt the poor the most , who is trying to set up business with all the efforts and life time capital. moreover there is ample scope for misusing the act powers because the balance of equity is not considered in this act.


By multi functions, Freelancer, Law  | 07 23 2010 12:44:59 +0000
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you are absolutely right arti and moreover , there they make only part of the act work . just grab the good properties for auction at very low rates .


By vaitarni federation, Freelancer, Freelancer  | 10 14 2009 14:12:07 +0000
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the act is good . but the implementation is extremely bad. it does not give room for justice for good borrowers


By vaitarni federation, Freelancer, Freelancer  | 10 14 2009 14:06:11 +0000
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This Act is against the Commen Public Interest, and should be scrapped, completely, as soon as possible, as far as India is concerned.

Any Act or Law which is, or may be, Not in the Commen Public Interest may be called Unconstitutional. And hence, can, rightly, be challenged in the Court of Law , by any public representative, or anybody in the public interest, on behalf of the public, to be declared Null & Void.

This can be brought to the notice of the Judiciary, under Article 226 of the Indian Constitution before the State High Courts as a public writ petition, and also under Article 32 of the Constitution before the Supreme Court of India as a Public Interest Litigation ( PIL ).

And if it can be, and it should be proved before the concerned Courts that this or certain Law/Act is, infact, against the commen public interest, this may be scrapped, declared unconstitutional, and therefore null & void.

And, as far as this Act is concerned , there are very good chances in favour of the Public !

Thanks & Regards. 


By ROOP JALUTHARIA, Head/VP/GM-Corporate Planning/Strategy, Recycling Business Power Processes Pvt. Ltd.  | 09 17 2009 17:00:28 +0000
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It is true and I support the view. It is also in the case of credit rating done by Credit Information Bureaus/company on the inflated and false accounts and reports thereon of Banks and Financial Institutions made behind the credit card holders and borrowers. Those laws are not certainly for honest commom people but for those third rate anti-social banking and finacial companies and their criminal recovery agents, if said in beautiful terms. Certainly those Acts are made to exploit hapless victims. Even now those big defaulters go scot free


By P V Thomas, Senior Law Officer/Head - Legal, Port Company  | 09 17 2009 14:40:23 +0000
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This Act is a draconinan law, giving widespread powers to Securitisation companies in the name of recovering public dues. These Securitisation cpmaoneis are not often than not are private companies to make money at the cost of closing down even running units. This Act should be scrapped in the interest of Industrial progress of the nation.


By Sunil Goel, Lawyer/Attorney, SG SOLICITORS  | 09 16 2009 11:08:23 +0000
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This act was basically made to take care of accounts with default in interest payment and other non-performing assets.The blocked funds of banks needs to be recovered otherwise the banks liquidity position will be at risk.
By Saurabh , Financial Analyst, Canara Bank  | 01 19 2011 18:47:31 +0000
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Basic defn. of Securitisation, it is the process of conversion of existing assets or future cash flows into marketable securities or securitisation deals with the conversion of assets which are not marketable into marketable ones. securitisation is very useful as companies can use it against there non performing assets. There is involvement of bank and financial institutions regulated by RBI and we must consider the brighter side of it........
By Jitender Kumar, MBA/PGDM student, Kurukshetra University PG Regional College  | 01 18 2011 11:00:56 +0000
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I am surprised to find many of the members supporting "Securitisation-Hanging Sword" If the payments or instalments are made properly the questions of securitisation does not arise. How can we blame the Act, when we are not clean ? The act is hanging sword for defaulters, not to borrowers who meet their committments.
By Suryanarayan Murthy, Asst Vice President (Corporate Finance), A Hydro Power Project  | 01 18 2011 08:32:48 +0000
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Dear Mr.Thomas,
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The Securitisation Act 2002 is turning out to be a tool for greedy Securitisation companies to emasculate the hapless borrowers. These companies buy the loan accounts at throw-away prices from the Banks and then inflate the demand and claim...
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