fund based lending
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Fund Based LendingFund Based LendingFund Based LendingFund Based Lending
Koustubh JoshiKoustubh JoshiKoustubh JoshiKoustubh Joshi
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Lien
It is a right of creditor (bank) to retain the
properties belonging to the debtor (borrower)until the debt due is repaid.
e e e e e esecurities of the customer in respect of the
general balance due from the customer. The
ownership of such securities is not transferredfrom the customer to the banker.
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Under the negative lien the banker does not get
the right to retain any asset of the borrower.The borrower submits declaration to the
any charge.
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Pledge
A pledge occurs when goods are delivered (in
the possession of) to the bank and the goodspledged will be returned to the borrower on
. ,
as security for the loan.
A borrower is called the bailor or pledger and
the banker is called the bailee or pledgee.
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Goods which are of movable nature are pledged to
the bank. Charge on shares, debentures, fixed deposit
receipts, units of UTI and National SavingCertificates can be created by the bank by way of
a pledge. Transfer of possession, is compulsory in case of
pledge, though ownership continues to remain
w t t e p e gee. If the borrower fails to repay the loan within the
stipulated time, the banker can sell the securitypledged by giving reasonable notice to the pledgeror he may file a suit against the pledger to recoverthe debt and retain the property pledged assecurity.
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Mortgage
Immovable property like land and building,
plant and machinery is offered as security, tocover the advance, the charge should be
.
instrument by which the transfer is effected is
called a mortgage deed.
Ownership and possession of the propertyremains with mortgagor.
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Mortgage can be classified as legal mortgage and
equitable mortgage. In case of legal mortgage, the
mortgager transfers legal title to the mortgaged
property in favour of the mortgagee by a deed.
However, in case of equitable mortgage, the
mortgager transfers the documents of title to
mor gagee or e purpose o crea ng anequitable interest of the mortgage in the property.
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Hypothecation In case of hypothecation a charge over the
movable property is created for an amount where
neither ownership nor possession is passed on tothe bank. A charge over movable properties likeoods, vehicles, raw materials can be created.
There is a high risk of multiple financing by twoor more banks against the same goods. This isovercome by putting up a board to indicate that
the stocks are hypothecated to a specific bank atthe place where the stock is stored.
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It is the transfer of any existing or future right,
property or debt by the borrower to the bank forloan. The person who assigns the property is
called assignor and the person to whom the
property is assigned is called assignee.Normally, assignments are made of actionable
claims, such as book debt, insurance claims, etc.
All assignments except that of an insurance policy
attract ad valoram stamp duty.
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By creating a charge by assignment, the
assignee gets total control over the assigneesclaim and therefore, he is entitled to top
.
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Term Loans
Short and Medium Term Loans
With effect from April, 1997, stipulations for
obligatory formation of consortiums for
e e e .crores were withdrawn. Banks are now free to
provide need-based finance required by
borrowers on their own, subject to observanceof exposure norms or with other banks.
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Bridge Finance
There is always a time gap between the date of
sanctioning and its disbursement by thefinancial institution to the concerned
.
taken by a company from commercial bank,
pending disbursement of term loan from the
financial institution.
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The bridge finance is secured against mortgageof fixed assets or hypothecation of movable
properties of the borrowing companies. The
rate of interest on such a finance is usuallyhigher than that of term loans.
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Loan syndication
Two or more banks agree to finance a
particular project. One of the bank or financial
institution may become a lead institution.
er ypesCash Credit
Overdraft
Bill Discounting
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Understanding of Subject
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