ISSUANCE OF SECURITISATION NOTICE

SUSANTA KR MUKHOPADHYAY (Querist) 09 September 2008 This query is : Resolved
CAN A LENDER BANK ISSUE NOTICE UNDER SREFASI
ACT,2002 TO LIMITED COMPANIES WHERE CHARGES HAVE NOT BEEN REGISTERED TO THE REGISTRAR OF JOINT COMANIES ?

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R.S.Rajesh (Expert) 10 September 2008
Notice can be issued under SARFAESI Act wherin the Security interets are validly created , though the charges have not been registered before the Registrar of Companies since, non registration of charge is void only against the Offcial Liquidator and other charge holders.

Manish Singh (Expert) 16 September 2008
only if it is a securitisation comany or a reconstruction comny.

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