Asset Reconstruction Company (ARC) in India

Narendra Kumar

28 Sep, 2020

An asset reconstruction company (ARC) main objective is to manage Non-performing and securitization assets of a bank and to make profitable those assets which have been underperforming or become formally classified as NPA’s belonging to companies who have been unable to generate sufficient timely revenue to service their outstanding obligations.

RBI Registration requirement for ARC?

SRA or ARC company classified as securitization company or reconstruction company shall commence business only after RBI Approval-

• Obtaining a certificate of registration granted under this section; and
• Having the minimum owned fund of not less than 2 crore rupees is required for ARC/ ASC company.

The Reserve Bank may, by notification, specify different amounts of the owned fund for different class or classes of companies or reconstruction companies.

The Securitisation Company or Reconstruction Company requires making an application for registration to the Reserve Bank to carry on the business of securitization or asset reconstruction business.

Every application for company registration shall be made in the prescribed form and in such manner as may be specified by the Reserve Bank of India. On receipt of the application RBI may inspect records or books of the company.  If RBI is satisfied as to the fulfillment of the following conditions that –

• The securitization company or reconstruction company has not incurred losses in any of the three preceding financial years;
• ARC / SAC or securitization company or reconstruction company need to ensure the proper system for realization of the financial assets acquired for the purpose of securitization or asset reconstruction and need to pay the periodical returns and redeem on respective due dates on the investments made in the company by the qualified institutional buyers or other persons;
• The minimum ½ of total directors strength in securitization company or reconstruction company has adequate professional experience in matters related to finance, banking, securitization, and reconstruction.
• The board of directors of such securitization company or reconstruction company does not consist of more than half of its total number of directors who are either nominee of any sponsor or associated in any manner with the sponsor or any of its subsidiaries;
• That any of its directors have not been convicted of any offense involving moral turpitude;
• That a sponsor, is not a holding company of the securitization company or reconstruction company, as the case may be, or, does not otherwise hold any controlling interest in such securitization company or reconstruction company;
• That securitization company or reconstruction company has complied with or is in a position to comply with prudential norms specified by the Reserve Bank;
• That securitization company or reconstruction company has complied with one or more conditions specified in the guidelines issued by the Reserve Bank for the said purpose.

The Reserve Bank of India^[1] may, after being satisfied that the conditions specified above are fulfilled, grant a certificate of registration to the securitization company(ASC) or the reconstruction company(ARC) to commence or carry on the business of securitization or asset reconstruction subject to necessary conditions may be deemed feet.

The Reserve Bank may reject the application if it is satisfied that the conditions specified as per the RBI Act are not fulfilled.

Before rejecting the application, the applicant shall be given a reasonable opportunity of being heard.

Every securitization company or reconstruction company shall obtain prior approval of the Reserve Bank for any substantial change in its management or change of location of its registered office or change in its name.

A substantial change in management means the change in the management by way of transfer of shares or amalgamation or transfer of the business of the company.

A company aggrieved by the order of cancellation of the certificate of registration may prefer an appeal to the Central Government within 30 days from the date on which such order is communicated to it.  The company cannot file an appeal against the order of rejection of the application for a certificate of registration.