No Advance Private Finance do a different framework for NPA and DRT clients:
First and foremost thing to do for NPA and DRT clients is to organize collateral and raise funds privately. And need to takeover the property from the existing banks or nbfc. After releasing property from bank, No Advance Private Finance raise funds either in bank or private finance. The time period is minimal period with less service charges.
STAGES OF NON PERFORMING ASSET:
Pre-NPA Stage :
- We study the clients business and work out a feasible restructuring plan
- Helping in existing resources planning
- Arranging for funds required for the business
- Liasioning with the Banker if required
Post- NPA Stage :
- Counselling the client explaining the repurcations of NPA and his rights under the law.
- Means and methods to counter the situation
- Dealing with the Banker – tactfully, giving revival proposal or legally.
- Study the clients business and work out strategy to raise finance by alternate methods
- Even under NPA condition.
- Documentation, allied and ancillary work related to raising the finance.
Important things should do with NPA Process:
- Gain time legally.
- Get an equal stand with the Bank to agree to work out an amicable solution.
- Restructure the business, gain financial strength and improve bargaining power.
- Ultimately settle with the Bank amicably and put the unit back in a healthy state.
Legal Process of NPA:
Scrutinizing the notices issued by the Bank specifically under section 13(2) of SIRFAESI Act with special reference to the client account,the branch where account is held and the Bank. Making representation / raising objections against the 13(2) notice issued by the Bank. The reply is quite exhaustive comprising the observations on the detailed study of the account, latest RBI guidelines, internal Bank circulars, Banks commitments to RBI, case studies and judgements with citations passed by the Honorable Supreme Court, High Court, DRT, Co-operative courts etc ,rendering the Bank difficult to sustain the further cause of legal action. How to deal with 13(4) notice and the process of possession of the asset/ property. Under our guidance at times it has become impossible for the Bank to take even the symbolic possession of the mortgaged property.
Information and guidance on the CMM Court proceedings w.r.t. the application made by the Bank to take forceful possession of the mortgaged properties. Guidance on restoring the possession in case the Bank has taken the possession. Guidance on challenging the process of possession, process of auction, process of confirmation of sale.
Specific guidance on the following stages after taking the possession of the property:
- Auction notice issued
- Auction date fixed
- Bidding done and sale confirmation pending
- Sale confirmation done, physical possession given to the purchaser
- Physical possession given to the purchaser
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Contact No : 9786 82 82 82
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