Section 7 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
7. Issue of security by raising of receipts or funds by [asset reconstruction company] [Substituted by Act No. 44 of 2016.].
(1)Without prejudice to the provisions contained in the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and the Securities and Exchange Board of India Act, 1992 (15 of 1992), any [asset reconstruction company] [Substituted by Act No. 44 of 2016.] may, after acquisition of any financial asset under sub-section (1) of section 5, offer security receipts to [qualified buyers] [Substituted by Act No. 44 of 2016.] [or such other category of investors including non-institutional investors as may be specified by the Reserve Bank in consultation with the Board, from time to time,] [Substituted 'other than by offer to public' by Act No. 44 of 2016.] for subscription in accordance with the provisions of those Acts.(2)A [asset reconstruction company] [Substituted by Act No. 44 of 2016.] may raise funds from the [qualified buyers] [Substituted by Act No. 44 of 2016.] by formulating schemes for acquiring financial assets and shall keep and maintain separate and distinct accounts in respect of each such scheme for every financial asset acquired out of investments made by a [qualified buyer] [Substituted by Act No. 44 of 2016.] and ensure that realisations of such financial asset is held and applied towards redemption of investments and payment of returns assured on such investments under the relevant scheme.[(2-A)(a) The scheme for the purpose of offering security receipts under sub-section (1) or raising funds under sub-section (2), may be in the nature of a trust to be managed by the [asset reconstruction company] [Inserted by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004), Section 6, (w.e.f. 11.11.2004.] and the [asset reconstruction company] [Substituted by Act No. 44 of 2016.] shall hold the assets so acquired or the funds so raised for acquiring the assets, in trust for the benefit of the [qualified buyers] [Substituted by Act No. 44 of 2016.] holding the security receipts or from whom the funds are raised.(b)The provisions of the Indian Trusts Act, 1882 (2 of 1882) shall, except in so far as they are inconsistent with the provisions of this Act, apply with respect to the trust referred to in clause (a) above.](3)In the event of non-realisation under sub-section (2) of financial assets, the [qualified buyers] [Substituted by Act No. 44 of 2016.] of a [asset reconstruction company] [Substituted by Act No. 44 of 2016.] holding security receipts of not less than seventy-five per cent. of the total value of the [security receipts issued under a scheme by such company] [Substituted by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004), Section 6, for "security receipts issued by such company" (w.e.f. 11.11.2004).], shall be entitled to call a meeting of all the [qualified buyers] [Substituted by Act No. 44 of 2016.] and every resolution passed in such meeting shall be binding on the company.(4)The [qualified buyers] [Substituted by Act No. 44 of 2016.] shall, at a meeting called under sub-section (3), follow the same procedure, as nearly as possible as is followed at meetings of the board of directors of the [asset reconstruction company] [Substituted by Act No. 44 of 2016.] as the case may be.
