Introduction The word ‘Fintech’ is a portmanteau of the two terminologies- ‘finance’ and’ technology’. A debt collection fintech company in India is a form of business that utilizes technology to enhance or automate financial processes and services. The traditional financial services went through a radical transformation and emerged as a technology bases business. In the …
What is a debt instrument? Any fixed income asset that allows the lender (or giver) to earn a fixed interest along with the principal amount while allowing the issuer (or taker) to use it to raise funds at a cost is called a Debt Market Instrument. Debt market instruments acts as a legal obligation on …
Origination of RDDBFI Act – An Introduction Banks and financial institutions that are properly registered by Reserve Bank of India ( RBI) provide legal entities and borrower entities with the loan facility. If the borrower fails in repaying the loan sum or part of it which includes unpaid interest and/or debt which is Non-Performing Asset …
Recovery of Debt Due to Banks And Financial Institutions Read More »
“According to Black’s Law Dictionary, Arbitration in practice is the investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties.” Overview In the Arbitration and Conciliation Act, 1996 section 16 describes the competency of an arbitral tribunal to rule on its own …
“Mediation is a method of non-binding dispute resolution involving a neutral third-party who tries to help the disputing parties reach a neutrally agreeable solution.- Black Law Dictionary” Mediation is not a new aged Alternative Dispute resolution method but a traditional method. This method has been used in India for ages and is one of the …
Notice Demand notice (Dunning letter, soft legal notice/EMI reminder notice): Legal notice sent through an Advocate to the customer and place demand to pay the overdue amount. As and when the dues accrue, we can send this notice to customers anytime. We also can mention the time (Immediately, One week, 15 days) to repay the …
In the past few years, India has witnessed a boom in corporate culture and started making a shift from a traditional family-run business to corporate structures. However, India’s corporate law firm sector is still in its nascent stage and includes a mix of sole proprietorships and firms of several hundred lawyers and dozens of partners. …
Enforcement of Arbitral Awards Introduction The credibility of an arbitration-friendly jurisdiction rests primarily on the competence and ability of its award enforcement regime. A favorable award is just a half-won battle, the half is won after its enforcement. In India, the arbitral awards are primarily governed by the Arbitration and Conciliation Act, 1996 (the Act). …
Negotiable Instruments are considered to be convenient method of transactions in commercial relations. With the advancement of banking sector and with all other benefits of banking system, cheque has become one of the widely used Negotiable Instrument. A cheque is a negotiable instrument that is acknowledged is readily accepted in lieu of payment of money. …
Analysis of Section 138 Negotiable Instrument Act Read More »
INTRODUCTION The 2002 Act of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest, hereinafter referred to as the SARFAESI Act was passed on December 17, 2002. The purpose of the Act is to help the lenders to recover their debt as soon as possible. The SARFAESI Act assigns great powers to …
Introduction The Limitation Act was introduced in 1963 to prescribe a time period for taking legal actions. It prescribes a period to an aggrieved person to file suits after the cause of action has occurred. If he files a suit after the prescribed period, he would be smashed by the law of limitation. In a …
Time-Barred Debt in Contractual Disputes & Ways for Revival Read More »
Introduction Section 14 of the SARFAESI Act, 2002 states the power of the Chief Metropolitan Magistrate (CMM) and District Magistrate (DM) to assist secured creditor in taking possession of secured assets. According to section 14 of the Act when the secured creditor takes possession of the secured asset or wants to sell or transfer any …