**Policy Summary:**
This circular, reference number RBIDNBR201819227 DNBR.PD ARC CC.No.0726.03.001201819, dated June 28, 2019, issued by the Reserve Bank of India (RBI), addresses the acquisition of financial assets by Asset Reconstruction Companies (ARCs) from other ARCs. It refers to Circular DNBS.PD.CC.No.35/SCRC/26.03.001/2013-2014 dated January 23, 2014, on the same subject.
In light of amendments to the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, the RBI now permits ARCs to acquire financial assets from other ARCs, subject to the following conditions:
* The transaction must be settled on a cash basis.
* Price discovery must not be prejudicial to the interests of Security Receipt holders.
* The selling ARC is required to utilize the proceeds from the sale for the redemption of underlying Security Receipts.
* The date of redemption of underlying Security Receipts and the total period of realisation must not extend beyond eight years from the date of the initial acquisition of the financial asset by the first ARC.
The circular is addressed to the Chairman/Managing Director/Chief Executive Officer of all registered Asset Reconstruction Companies.
Contact information: Manoranjan Mishra, Chief General Manager.
Key Entities Referenced
Asset Reconstruction Companies: Registered financial institutions involved in acquiring and managing distressed assets.
ARCs: Abbreviation for Asset Reconstruction Companies.
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002: An Indian law that provides the legal framework for securitization and asset reconstruction.
Security Receipts: Instruments issued by ARCs representing an undivided interest in the financial assets acquired.
Manoranjan Mishra: Chief General Manager, the signatory of the circular.
Circular DNBS PD CC.No.35SCRC26.03.00120132014 dated January 23, 2014: A previous circular on the same subject matter.
RBI/DNBR/2018-19/227
DNBR.PD (ARC) CC.No.07/26.03.001/2018-19 June 28, 2019
The Chairman/Managing Director/Chief Executive Officer
All registered Asset Reconstruction Companies
Dear Sir/Madam,
Permission to acquire financial asset from other Asset Reconstruction
Companies (ARCs)
Please refer to Circular DNBS (PD) CC.No.35/SCRC/26.03.001/2013-2014 dated
January 23, 2014 on the captioned subject.
2. In view of amendment to the Securitisation and Reconstruction of Financial Assets
and Enforcement of Securities Interest Act, 2002, it has been decided to permit
ARCs to acquire financial asset from other ARCs on following conditions:
a. The transaction is settled on cash basis;
b. Price discovery for such transaction shall not be prejudicial to the interest of
Security Receipt holders;
c. The selling ARC will utilize the proceeds so received for the redemption of
underlying Security Receipts;
d. The date of redemption of underlying Security Receipts and total period of
realisation shall not extend beyond eight years from the date of acquisition of the
financial asset by the first ARC.
Yours faithfully,
(Manoranjan Mishra)
Chief General Manager