This circular, RBI/2018-19/96 DBR.Leg.No.BC.1509/08.02.020/2018-19 dated December 27, 2018, issued by the Reserve Bank of India (RBI), addresses the filing of security interests with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI). It pertains to all Scheduled Commercial Banks (including RRBs, Small Finance Banks, and Local Area Banks), all Cooperative Banks, all Non-Banking Financial Companies (NBFCs), and all India Financial Institutions.
The circular references earlier circulars (DBOD.Leg.No.BC.86/09.08.011/2010-11 dated April 21, 2011, RPCD.CO.RRB.BC.No.72/03.05.33/2010-11 dated May 19, 2011, DNBS.PD.CC.No.24/SCRC/26.03.001/2010-2011 dated May 25, 2011, and RPCD.CO.RCB.BC. No.73/07.38.03/2010-11 dated May 26, 2011) which initially advised banks/financial institutions (FIs) to register securitization, reconstruction of financial assets, and mortgage by deposit of title deeds with CERSAI.
Following a Government of India Gazette Notification dated January 22, 2016, the circular reinforces the requirement to file particulars related to:
* Creation, modification, or satisfaction of security interest in immovable property by mortgage other than mortgage by deposit of title deeds.
* Creation, modification, or satisfaction of security interest in hypothecation of plant and machinery, stocks, debts (including book debts or receivables, whether existing or future).
* Creation, modification, or satisfaction of security interest in intangible assets (know-how, patents, copyrights, trademarks, licenses, franchises, or any similar business/commercial right).
* Creation, modification, or satisfaction of security interest in any under-construction residential or commercial property (or part thereof) by an agreement/instrument other than a mortgage.
CERSAI began registering data for the first three categories (immovable property, hypothecation, and intangible assets) for security interests created on or after January 22, 2016, starting May 25, 2016, for Scheduled Commercial Banks and July 1, 2016, for other registered entities. Registration for under-construction properties commenced on June 8, 2017, for all banks and FIs registered with CERSAI.
While banks/FIs have begun registering both current and subsisting security interests, the RBI notes that the extent of registration on the CERSAI portal remains low. Therefore, banks/FIs are advised to complete filing charges pertaining to *subsisting* transactions by **March 31, 2019**, and to file charges related to all *current* transactions with CERSAI on an ongoing basis.
For further information, contact Saurav Sinha, Chief General Manager-in-Charge.
Key Entities Referenced
RBI: Reserve Bank of India, the central bank of India
CERSAI: Central Registry of Securitisation Asset Reconstruction and Security Interest of India, a registry for security interests
Scheduled Commercial Banks: Commercial banks included in the Second Schedule to the Reserve Bank of India Act, 1934
RRBs: Regional Rural Banks, Indian scheduled commercial banks operating at regional level
Small Finance Banks: A type of niche bank in India
Local Area Banks: Private sector banks operating in a limited area
NBFCs: Non-Banking Financial Companies, a financial institution that does not have a full banking license
All India Financial Institutions: Financial institutions in India playing a pivotal role in the financial market
RBI/2018-19/96
DBR.Leg.No.BC.15/09.08.020/2018-19 December 27, 2018
All Scheduled Commercial Banks (Including RRBs),
Small Finance Banks, Local Area Banks,
All Co-operative Banks,
All NBFCs and All India Financial Institutions
Dear Sir/ Madam
Filing of Security Interest relating to Immovable (other than equitable
mortgage), Movable and Intangible Assets in CERSAI
Please refer to circulars DBOD.Leg.No.BC.86/09.08.011/2010-11 dated April 21,
2011, RPCD.CO.RRB.BC.No.72/03.05.33/2010-11 dated May 19, 2011, DNBS.(PD).
CC.No.24/SCRC/26.03.001/2010-2011 dated May 25, 2011 and RPCD.CO.RCB.BC.
No.73/07.38.03/2010-11 dated May 26, 2011 advising banks/financial
institutions(FIs) to register the transactions relating to securitization and
reconstruction of financial assets and those relating to mortgage by deposit of title
deeds with CERSAI.
2. The Government of India has subsequently issued a Gazette Notification
dated January 22, 2016 for filing of the following types of security interest on the
CERSAI portal:
a. Particulars of creation, modification or satisfaction of security interest in
immovable property by mortgage other than mortgage by deposit of
title deeds.
b. Particulars of creation, modification or satisfaction of security interest in
hypothecation of plant and machinery, stocks, debts including book
debts or receivables, whether existing or future.
c. Particulars of creation, modification or satisfaction of security interest in
intangible assets, being know how, patent, copyright, trademark,licence, franchise or any other business or commercial right of similar
nature.
d. Particulars of creation, modification or satisfaction of security interest in
any ‘under construction’ residential or commercial or a part thereof by
an agreement or instrument other than mortgage.
3. CERSAI had started registration of the data in respect of paragraphs 2 (a) to
(c) above, for the security interests created on or after January 22, 2016, w.e.f. May
25, 2016 for Scheduled Commercial Banks and w.e.f. July 1, 2016 for all other
entities registered with them. Further, the registration of data in respect of paragraph
2(d) above has commenced since June 8, 2017 for all banks and FIs registered with
CERSAI. Meanwhile, the banks/ FIs have also started registering the security
interests created before January 22, 2016 (subsisting records). However, it is
observed that the extent of registration on the CERSAI portal is very low, both for
current and subsisting records.
4. Banks/FIs are therefore advised to complete filing the charges pertaining to
subsisting transactions by March 31, 2019. Banks/FIs are also advised to file the
charges relating to all current transactions with CERSAI on an ongoing basis.
Yours faithfully
(Saurav Sinha)
Chief General Manager-in-Charge