Can Different Authorized Officers issue the 13 (2) and 13 (4) ?

Bank Support Banking Law

As per Section 13(12) of SARFAESI Act, there is no restriction on territorial jurisdiction of Authorized Officers (AO).   Any part of action (i.e. measures) can be performed by any or different designated Authorized Officers. It is not necessary to mention name of the officer whoever performs the action under Sec.13 of the Act. 

Rule 2(a) of Security Interest (Enforcement) Rules 2002 defines the word “Authorized Officers” as follows :

“Authorized Officer” means an officer not less than a chief manager of a public sector bank or equivalent, as specified by the Board of Directors or Board of Trustees of the secured creditor or any other person or authority exercising powers of superintendence, direction and control of the business or affairs of the secured creditor, as the case may be, to exercise the rights of a secured creditor under the Act. If the officer produces evidence that he is of Chief Manager cadre in a public sector bank or equivalent as specified as stated in the definition he can perform the action on behalf of his secured creditor. Mentioning name or non mentioning of name is immaterial.

Also Know – WHY TO Authenticate Loan Records by borrowers of different banks?

1 thought on “Can Different Authorized Officers issue the 13 (2) and 13 (4) ?

  1. Indeed, the different AO can issue the 13 (2) and 13 (4), as the AO need not to put their name, it is required to be Chief Manager and above.

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