Trustee and Company under NBFC ( Assets size above 500 crore)

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Dear Sir/Madam,

If Company want to give loan to Trustee and in exchange they  provide Security Mortgage of property. 

1) if Company under NBFC with assets sized cover above 500 crore and to how file form charges related and to whom file by Trustee if loan taken by Trustee.

2) What are compliance carried out by CS for both Trustee or Company. 

3) Is applicable for SARFAESI and if yes what are compliance should followed by CS under SARFAESI Act 

Give Procedure and which form is filed if they provide Mortgage of property to company 

Replies (3)
Quick Summary
Query relates to NBFC (asset size >500 crore) giving loan to a trust/trustee against mortgage of property. It covers legal structure, mortgage registration, ROC charge applicability, RBI compliance, SARFAESI applicability, and CS role. Mortgage must be executed via registered deed; trustee must be authorized through resolution.

If an NBFC with asset size above ₹500 crore grants a loan to a trustee against mortgage of property, the transaction is governed by RBI directions applicable to NBFCs and general property laws.

If the borrower is a trust/trustee and not a company, no ROC charge filing is required. The mortgage must be created through a properly stamped and registered mortgage deed under the applicable State Stamp Act and the Registration Act, 1908. The trustee must have clear authority under the trust deed and pass a trustee resolution for borrowing and mortgaging the property.

For the NBFC, Board approval and compliance with RBI Master Directions, KYC and exposure norms are required.

SARFAESI Act applies only if the NBFC is a notified secured creditor. If applicable, enforcement must follow Section 13 procedures. No separate CS filings are prescribed under SARFAESI.

Dear Sir/Madam,

Give me Procedure and Step by Step each details regarding form filed either only Trustee or both Trust and Company filed.

what are compliance role by CS and also give each step start to end regarding i.e  a) loan given to trust b) end of filing related step 

Dear Sir/Madam, 

1) Which are the form filed by Trust or registration with Sub Registrar if loan taken from Company as NBFC. give each step by step with Document process aproved Mortgaged Property i.e Simple Motgaged and Public Trust 

2) What are Document require for loan given to Trust given by Company give step by step procedure

 

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