Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S K   14 September 2025

Can an enrolled advocate be authorized officer (for sarfaesi act) for any bank/financial institution

Can an advocate be authorized officer for bank/finance company. Under SARFEASI ACT 2002, 2 (a) the security interest enforcement rules 2002. Can He send demand notice and other activity of SARFEASI ACT being as Authorized Officer for Bank/Finance Company.

Isn't it the violation of Advocate Act & Rules. 



 3 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     14 September 2025

1. Rule 2(a) of the Security Interest Enforcement Rule 2002 define authorised officer means an officer not less than a chief manager of a public sector bank or equivalent as specified by the board of directors/creditor. Hence the AO must be an employee officer of the bank, not an outsider.

2.   An advocate is not an officer of the bank, if advocate acts as AO with out being a bank officer, violation of Rules 49 of the Bar Council of India Rule and also violation of the SARFAESI Act.

T. Kalaiselvan, Advocate (Advocate)     15 September 2025

Rule 2(a) of the Security Interest (Enforcement) Rules, 2002 also clarifies the same.

Thus, the Authorised Officer must be an employee of the bank/NBFC, not an external professional.
Courts have repeatedly held that:

The demand notice must be issued by the Authorised Officer of the bank, otherwise proceedings are invalid.

Delegation of this statutory function to an external advocate is not permissible.

Dr. J C Vashista (Advocate )     15 September 2025

The advocate can act either of them and not in both functions.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register