12Power of Reserve Bank to determine policy and issue directions
(1) If the Reserve Bank is satisfied that in the public interest or to regulate financial system of the country to its advantage or to prevent the affairs of any 1[asset reconstruction company] from being conducted in a manner detrimental to the interest of investors or in any manner prejudicial to the interest of such 1[asset reconstruction company], it is necessary or expedient so to do, it may determine the policy and give directions to all or any 1[asset reconstruction company]in matters relating to income recognition, accounting standards, making provisions for bad and doubtful debts, capital adequacy based on risk weights for assets and also relating to deployment of funds by the 1[asset reconstruction company], as the case may be, and such company shall be bound to follow the policy so determined and the directions so issued.
(2) Without prejudice to the generality of the power vested under sub-section (1), the Reserve Bank may give directions to any 1 [asset reconstruction company] generally or to a class of 2 [asset reconstruction companies] or to any 1 [asset reconstruction company] in particular as to--
(a) the type of financial asset of a bank or financial institution which can be acquired and procedure for acquisition of such assets and valuation thereof;
(b) the aggregate value of financial assets which may be acquired by any 1[asset reconstruction company].
3 [(c) the fee and other charges which may be charged or incurred for management of financial assets acquired by any asset reconstruction company;
(d) transfer of security receipts issued to qualified buyers.]
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1. Subs. by Act 44 of 2016, s. 3, for "securitisation company or reconstruction company" (w.e.f. 1-9-2016).
2. Subs. by s. 3, ibid., for "securitisation companies or reconstruction companies" (w.e.f. 1-9-2016).
3. Ins. by s. 9, ibid. (w.e.f. 1-9-2016).
- 3 Registration of asset reconstruction companies
- 4 Cancellation of certificate of registration
- 5 Acquisition of rights or interest in financial assets
- 5A Transfer of pending applications to any one of Debts Recovery Tribunals in certain cases
- 6 Notice to obligor and discharge of obligation of such obligor
- 7 Issue of security by raising of receipts or funds by asset reconstruction company
- 8 Exemption from registration of security receipt
- 9 Measures for assets reconstruction
- 10 Other functions of asset reconstruction company
- 11 Resolution of disputes
- 12 Power of Reserve Bank to determine policy and issue directions
- 12A Power of Reserve Bank to call for statements and information
- 12B Power of Reserve Bank to carry out audit and inspection