advertisement union bank of india, regional office, delhi … · agency/firm/company should be...

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1 Advertisement Date: 29.09.2018 UNION BANK OF INDIA, REGIONAL OFFICE, DELHI SOUTH (6 th Floor, 602A, Tower-2, Konnectus Building, Airport Metro Express Line, Opp. New Delhi Railway Station, Ajmeri Gate, New Delhi 110001) Union Bank of India invites expression of interest from the eligible entities for purpose of empanelment as Recovery Agents (RA)/Enforcement Agents (EA)/Asset Investigation Agents (IA) on Bank's Panel. For the format of application and other details, interested parties may contact Chief/Senior Manager, CRD, Regional Office, Delhi South Tel: 23218529 Fax: 23347795, E Mail: [email protected] For eligibility criteria and specimen application, please visit our website www.unionbankofindia.com or www.eprocure.gov.in . 1. Empanelment shall be at the sole and absolute discretion of the Bank and mere application for empanelment would not confer any right for empanelment and no correspondence in writing will be entertained as to the fate of empanelment. In addition to this process, bank, depending upon the approved guidelines can empanel RA/EA/IA on its own. 2. Bank reserves the right to restrict the list of entities for empanelment to top 10 of entities found eligible. 3. Eligibility criteria stated in the annexure are not absolute and limiting the Bank's discretion and Bank is entitled to take into consideration other qualitative and reputational factors for empanelment. 4. For empanelment of Asset Investigation agents the following entities satisfying qualitative, quantitative, operational and reputational parameters will be considered: 4.1. Detective agencies accredited by Law enforcement agencies providing detective services 4.2. Revenue or tax or Police officials of government departments, who have left the service and are offering Asset Investigation Services. 4.3. Individuals actively assisting law enforcement agencies, whose services in the opinion of Regional Head can be utilized for Asset Investigation work. 5. Application form duly filled in giving complete details along with required documents should be forwarded/delivered to above address on or before 20.10.2018.

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Page 1: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

1

Advertisement

Date: 29.09.2018

UNION BANK OF INDIA, REGIONAL OFFICE, DELHI SOUTH

(6th Floor, 602A, Tower-2, Konnectus Building, Airport Metro Express Line, Opp. New Delhi Railway Station, Ajmeri Gate, New Delhi 110001)

Union Bank of India invites expression of interest from the eligible entities for purpose of empanelment as Recovery Agents (RA)/Enforcement Agents (EA)/Asset Investigation Agents (IA) on Bank's Panel. For the format of application and other details, interested parties may contact Chief/Senior Manager, CRD, Regional Office, Delhi South Tel: 23218529 Fax: 23347795, E Mail: [email protected]

For eligibility criteria and specimen application, please visit our website www.unionbankofindia.com or www.eprocure.gov.in.

1. Empanelment shall be at the sole and absolute discretion of the Bank and mere application for empanelment would not confer any right for empanelment and no correspondence in writing will be entertained as to the fate of empanelment. In addition to this process, bank, depending upon the approved guidelines can empanel RA/EA/IA on its own.

2. Bank reserves the right to restrict the list of entities for empanelment to top 10 of entities found eligible.

3. Eligibility criteria stated in the annexure are not absolute and limiting the Bank's discretion and Bank is entitled to take into consideration other qualitative and reputational factors for empanelment.

4. For empanelment of Asset Investigation agents the following entities satisfying qualitative, quantitative, operational and reputational parameters will be considered:

4.1. Detective agencies accredited by Law enforcement agencies providing detective services

4.2. Revenue or tax or Police officials of government departments, who have left the service and are offering Asset Investigation Services.

4.3. Individuals actively assisting law enforcement agencies, whose services in the opinion of Regional Head can be utilized for Asset Investigation work.

5. Application form duly filled in giving complete details along with required documents should be forwarded/delivered to above address on or before 20.10.2018.

Page 2: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

2

ROLES AND RESPONSIBILITIES

1. Role of Recovery Agent :

1.1. Recovery Agents shall play an important role in recovery of

NPA by being intermediaries between the Bank and the Borrower.

1.2. RA would assist the Bank in persuading the borrowers in

repayment of dues and would bring them around for a negotiated

settlement.

1.3. RA would give necessary inputs and assist the banks in

taking appropriate legal steps in effecting recovery through

courts/Tribunals.

2. Role of Enforcement Agent :

2.1. Enforcement Agents would assist the authorized officer

appointed by Bank under SARFAESIA in taking possession of

security under SARFAESI Act and selling the same towards the

realization of dues.

2.2. Services of Enforcement Agents can also be utilized for

seizure of goods/vehicles in exercise of Bank's contractual rights

under deed of hypothecation.

2.3. EA would liaise with police and judicial authorities and help

the authorized officer of the Bank under SARFAESIA in removing

bottlenecks in realization of security under SARFAESI Act or

otherwise.

2.4. EA would assist the authorized officer of the bank under

SARFAESIA in storage, protection and quick disposal of

Security/goods/vehicles taken possession or seized by the Bank.

Page 3: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

3

3. Role and Eligibility of asset Investigation Agent :

3.1. To trace and give information about the untraceable borrower

and the properties not otherwise informed by the borrower while

submitting papers/information to the bank.

3.2. Eligibility criteria:

3.2.1. Detective agencies accredited by Law enforcement agencies

providing detective services

3.2.2. Revenue or tax or Police officials of government departments,

who have left the service and are offering Asset Investigation

Services.

3.2.3. Individuals actively assisting law enforcement agencies,

whose services in the opinion of Regional Head can be utilized

for Asset Investigation work.

Page 4: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

4

General Conditions for Empanelment of

RECOVERY AGENT (RA)/ENFORCEMENT AGENT(EA)

CATEGORY - A Agents

Process, Eligibility and Evaluation Criteria for empanelment

Eligibility :

1. It should have been offering asset recovery services at least for the

past three years or its personnel should have the relevant

experience preferably in Banks and should have minimum 20

personnel including directors/partners and employees on its roll on

the date of submission of expression of interest

2. At least one third of the partners/directors/employees, of the

agency/firm/company should be chartered accountants or

advocates or should have worked in Judicial, Police, Tax and

Revenue recovery departments of the Government or Banks for at

least 10 years.

3. It should have offices at least in 5 major cities like Mumbai, Delhi,

Jaipur, Lucknow, Kolkata, Ahmedabad, Pune, Bangalore,

Hyderabad, Coimbatore, Chennai, Trivandrum, Ernakulam,

Chandigarh, Bhopal, Indore, Baroda, Kanpur, Ludhiana,

Bhubaneswar, and Patna with enough infrastructure.

Evaluation Criteria :

1. Evaluation of interested entities for the purpose of empanelment

shall be as follows:

Sr. No:

PARAMETERS POINTS

1. Number of years in the business :

a) More than 5 years

b) More than 3 years upto 5 years

c) 2 to 3 years

d) Less than 2 years

15

8

5

0

Page 5: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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2. Partners/Directors/Employees :

a)Chartered Accountants/Advocates/subject specialists as per eligibility more than half

b)Chartered Accountants/Advocates/subject specialists as per eligibility one third and above (for every Chartered Accountants / Advocates / subject specialists exceeding one third additional one mark should be given subject maximum of 15 marks)

c)Chartered Accountants/Advocates less than one third

15

8

0

3. Geographical Spread:

a) In 9 major cities

b) In 7 major cities

c) In 5 major cities

d) Less than 5 major cities

10

8

5

0

2. An entity should score the following minimum marks under each

parameter so as to be eligible for empanelment.

Parameter Minimum Marks

Parameter - 1 8

Parameter – 2 8

Parameter - 3 5

Total 21

Page 6: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

6

CATEGORY - B Agents

Process, Eligibility and Evaluation Criteria for empanelment

Eligibility :

1. It should have been offering asset recovery services at least for the

past three years or its personnel should have the relevant

experience preferably in Banks and should have minimum 10

personnel including directors/partners and employees on its roll on

the date of submission of expression of interest.

2. At least one third of partners/directors/employees of the

agency/firm/company should be chartered accountants or

advocates or should have worked in Judicial, Police, Tax and

Revenue recovery departments of the Government or Banks for at

least 10 years.

3. It should have offices at least in 3 major cities like Mumbai, Pune,

Nasik, Nagpur, Delhi, Allahabad, Varanasi, Lucknow, Kolkata,

Ahmedabad, Baroda, Surat, Bangalore, Hyderabad, Coimbatore,

Chennai, Trivandrum, Ernakulam, Chandigarh, Bhopal Indore,

Kanpur, Ludhiana, Ranchi, Raipur, Bhubaneswar, Cuttack and

Patna with enough infrastructure.

Evaluation Criteria :

Evaluation of interested entities for the purpose of empanelment shall

be as follows:

Page 7: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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Sr.

No:

PARAMETERS POINTS

1. Number of years in the business :

a) More than 5 years

b) More than 3 years upto 5 years

c) 2 to 3 years

d) less than 2 years

15

8

5

0

2. Partners/Directors/Employees :

a) Chartered Accountants / Advocates /

Subject specialists as per eligibility

more than half.

b) Chartered Accountants / Advocates /

subject specialists as per eligibility

more than one third and above (for

every Chartered Accountants /

Advocates / subject specialists

exceeding one third one mark should

be given subject max of 15 marks).

c) Chartered Accountants/Advocates less

than one third

15

8

0

3. Geographical Spread :

a) In more than 7 major cities or centers of

ZO/RO

b) In more than 5 major cities or centers of

ZO/RO

c) In 3 major cities or 3 major centers of

ZO/RO

d) Less than 3 major cities or centers of

ZO/RO

10

8

5

0

Page 8: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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2. An entity should score the following minimum marks under each

parameter so as to be eligible for empanelment.

Parameter Minimum marks

Parameter - 1 8

Parameter - 3 8

Parameter - 4 5

Total 21

Page 9: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

9

CATEGORY - C Agents

Process, Eligibility and Evaluation Criteria for empanelment

Eligibility:

1. It should have been offering asset recovery services at least for the

past three years or its personnel should have the relevant

experience preferably in Banks and should have minimum 5

personnel including directors/partners and employees on its roll on

the date of submission of expression of interest.

2. At least one third of the Partners/Directors/Employees of the

agency/firm/company should be chartered accountants or

advocates or should have worked in Judicial, Police, Tax and

Revenue recovery departments of the Government or Banks for at

least 10 years.

3. It should have offices with enough infrastructures in Delhi.

Evaluation Criteria :

Evaluation of interested entities for the purpose of empanelment shall

be as follows:

Sr. No: PARAMETERS POINTS

1. Number of years in the business :

a) More than 3 years

b) more than 2 years

c) more than 1 years and less than 2 years

d) Less than 1 year

15

8

5

0

Page 10: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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2. Partners/Directors/Employees :

a) Chartered Accountants / Advocates /

Subject specialists as per eligibility more

than half.

b) Chartered Accountants / Advocates /

subject specialists as per eligibility one

third and above. (for every Chartered

Accountants / Advocates /subject

specialists exceeding one third one mark

should be given subject max of 15 marks).

c) Chartered Accountants / Advocates less

than one third

15

8

0

3. Geographical Spread :

a) In more than 3 major business centers of

RO

b) In more than 1 major business center of

RO

c) In 1 major business center of RO

d) Less than 1 major center of RO

10

8

5

0

2. An entity should score the following minimum marks under each

parameter so as to be eligible for empanelment.

Parameter Minimum marks

Parameter - 1 8

Parameter - 2 5

Parameter - 3 8

Total 21

Page 11: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

11

APPLICATION FORMAT FOR EMPANELMENT AS RECOVERY AGENT / ENFORCEMENT AGENT/INVESTIGATING AGENT

I. The following basic details should be provided :

1. Name

2. Constitution

3. Name of the Directors/Partners

4. Total Number of employees

5. Name of key

personnel/employees and their

qualification:

(a) Of them Chartered Accountants:

(b) Of them Advocates:

(c) Of them Worked in Judicial

Departments

(d) Of them worked in Police

Departments

(e) Of them Worked in Banks

(f) Of them subject specialists with

5 or more years of experience.

6. Date of establishment and

Number of years in the business

7. Yearly gross earning since

inception as Recovery and Asset

Resolution service provider

(Enclose Balance Sheets/

Statement of Affairs /IT returns)

8. Number of Branches/Associate

offices in India and their

Location/Address

9. Details of cases of value more

than Rs.25.00 lacs handled from

the date of inception

Page 12: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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10. Names of the institutions to

which services are offered

(Enclose their assignment/

empanelment letters)

11. Major achievements

12. Any other information

II. The following documents/information should be enclosed :

1. Brief Profile of the Firm/Company

2. Bio-data of the Proprietor/Partners/Directors

3. Copy of the Partnership deed/Memorandum and articles

4. Infrastructure available

5. Details of services offered

6. List of addresses of the offices/branches

7. Experience in the line of activity with supportive documents

8. Latest financial statements (for 3 to 5 years)

9. References of two respectable persons

10. All documents/information/proof through which the eligibility

as per the evaluation criteria is established/ claimed should be

provided. In case the same is not provided/made available, the

application is liable to be rejected at the discretion of the bank.

Page 13: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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FORMAT OF THE LETTER WHICH WILL BE ISSUED TO THE RECOVERY AGENT:

M/s. ____________________

(Full address with telephone number of Recovery Agent)

_____________________

Dear Sir,

Recovery of money in the Account of M/s. ------------------

This has reference to your letter No.______________ dated _________ on

the above-mentioned subject and our subsequent discussions with you

in this regard.

In this connection, we are pleased to inform you that we wish to avail

of your services as a facilitator for recovery in the above noted account

with our _________ Branch.

Terms of Reference :

In this regard we state that the terms and conditions of reference of the

said assignment are as under:

Scope of Services :

While acting as an External Agency on behalf of the Bank the scope of

services to be provided by you would be as follows:

1. You will co-ordinate and take such steps for early recovery and

resolution of the captioned NPA account.

2. You will contact the borrowers in the captioned account and take

steps for recovery of monies due and payable to the Bank.

Page 14: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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3. You will bring the borrowers to the negotiating table and facilitate

one time settlement with the Bank.

4. Share with the Bank the details as to assets, present activity and

ways and means of recovering money from the borrower in the

captioned account.

5. Suggest and advise the Bank on resolution and reconstruction of

the captioned NPA.

Your obligations :

1. You shall be responsible for proper service and maintaining

industry standards.

2. You shall be responsible for complying with requirements under

various statutory, regulatory, rules, local laws, etc.

3. You agree that Bank shall have access to all books, records and

information relevant to the captioned account maintained by you

and you are authorizing the Bank for the same.

4. You shall ensure the captioned party's data confidentiality and shall

be liable for breach if any on your part in maintaining

confidentiality, leakage of confidential information or breach of

security. In the event of request by statutory authorities or a court

of law for information, you shall notify us immediately and shall

part with information only on a written permission by Bank or if

Bank advises you shall take all measures for resisting parting with

information to such authorities.

5. You shall be responsible for keeping captioned party's information,

document, records and assets in isolation and to protect

confidentiality of the information.

6. None of your obligations in part or in whole shall be given to your

subcontractors or agents without the permission of Bank.

7. You agree that Bank shall have right to conduct audits by itself or

through its outside auditors/agents and to obtain review reports on

finding in conjunction with the services performed by you.

Page 15: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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8. You agree that Reserve Bank of India being a regulatory authority

shall be entitled to cause an inspection of your books and account

and to allow RBI or persons authorized by it to access the bank's

documents, records of transactions and other information held at

your end.

9. You shall strictly adhere to Fair Practice Code for lenders, BCSBI

Code and Bank’s Code for Collection of Dues and Repossession of

Security.

10. You should carry this authorization letter along with your

identity card while visiting the Bank’s customer. You should also

carry a copy of the Bank’s letter addressed to the customer

informing about the engagement of Recovery Agent in his account.

11. You should tape record the content/text of the calls made by

you to the customers and vice-versa. Before recording the

conversation you should intimate the customer that the

conversation is being recorded.

12. You shall employ only such personnel who have completed

100 hours training and obtained IIBF certificate as stipulated for

Recovery Agents by RBI guidelines.

13. Recovery of loans or seizure of vehicle should be done only

through legal means. You should not adopt uncivilized, unlawful

and questionable behavior or recovery process.

14. You should refrain from action that could damage the

integrity and reputation of the Bank.

15. You shall not involve in any intimidation or harassment of

any kind either verbal or physical against any person in your efforts

for collection of dues of the captioned account.

Others terms :

It is also agreed that:

1. A fee of ------------- % is payable to you on the amount recovered.

Page 16: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

16

2. Although there may be a difference between the book value of the

concerned assets or the value perceived by the bank and their

realizable value on disposal, your fees shall be payable based on the

net realization after providing for all expenses incurred.

3. The personnel engaged by you for performance of services

mentioned herein will not have any relation of whatsoever nature or

any claim of whatsoever nature with/against the Bank. They will

not be treated as if in employment of the Bank directly or indirectly.

4. The Bank will have the right not to avail of the services and

withdraw the account from you at any time in its discretion. On

that event all records, data, information etc related to the account

should be returned to Bank and your commitment to keep

confidentiality of the data, information etc of the account should

continue.

5. You may be paid an advance at the discretion of the Bank subject to

maximum of Rs.XXXX/- as advance.

Overriding provision :

I. Nothing in this letter shall be construed to limit the Bank's rights

to directly deal with its constituent.

II. Availing your services is purely on principal to principal basis and

in your capacity as professional service provider.

III. Bank is entitled to indemnity from you for any claim by any third

party including Bank's constituent for any damage, loss or/and

costs for acts and omissions attributable to you or to your

employees/agents/representatives.

IV. You should strictly comply with all the laws, rules and regulations

in force including RBI and Indian Banks' Association Codes

applicable from time to time.

V. Nothing in this letter shall be construed to authorise you to

handle cash/cheques of the customers and you should ensure

that all the amounts recovered are directly deposited into the

Bank and you should not receive cash or cheques from the Bank's

customers.

Page 17: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

17

VI. Nothing in this letter shall be construed to confer you right to

discharge any money payable to Bank by its constituent as an

agent of the Bank.

Conclusion :

We look forward to working with you and your colleagues on this

important assignment. You should get in touch with our Shri

________________ at _____ _____ Branch, being the Authorized Officer

for further action in the matter. We shall be grateful if you would

confirm the terms of the engagement on the terms and conditions of

this letter by signing and returning the attached copy of this letter.

Thanking you

Yours Sincerely,

Page 18: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

18

FORMAT OF THE LETTER WHICH WILL BE ISSUED TO THE ENFORCEMENT AGENT:

M/s. _____________________________

Dear Sir,

Take Over of secured assets of A/c:___________________________

Under provisions of Securitisation Act.

========================================

This has reference to your letter No.______________ dated _________

on the above mentioned subject and our subsequent discussions with

you in this regard.

In this connection, we are pleased to inform you that we wish to

avail of your services as agent to assist the Authorised Officer of the

Bank in its asset recovery initiatives of distressed assets in the above

noted account with our _________ Branch in accordance with The

Securitization & Reconstruction of the Financial Assets and

Enforcement of Security Interest Act 2002, hereafter referred to as the

SARFAESIA and the Security Interest (Enforcement) Rules, 2002 (the

Rules), which relate to the procedure to be adopted for sale of impaired

assets by the Secured Creditor.

Terms of Reference :

In this regard we state that the terms and conditions of reference of the

said assignment are as under:

Scope of Services :

While acting as an External Agency on behalf of the Authorised Officer

the scope of services to be provided by you would be as follows:

Page 19: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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1. Advice the Bank in relation to the notices that may require to be

issued to the borrowers and guarantors and advice on such follow

up measures that may require to be initiated prior to taking

possession of the moveable and immovable properties of the

concerned borrower/guarantors.

2. Advise the Bank the cost and benefits of taking possession of

moveable and immovable properties of the borrower concerned and

also submit pre possession report.

3. Arranging for obtaining the order of the District or Metropolitan

Magistrate as and when required so as to enable the Bank to obtain

quick and smooth possession of the concerned moveable or

immovable properties of the concerned borrower.

4. Assisting the Authorised Officer in taking possession of the

moveable and immovable properties in full compliance with the

procedures laid down under the Rules in the preparation of the

Panchanama and inventory of the property concerned to be signed

by the Authorised Officer.

5. Advising the Authorised Officer as regards obtaining of insurance

policies in relation to the moveable and immovable assets possessed

by the Bank from the date of possession in view of the fact that the

risk to the goods would have passed over to the bank after

possession.

6. To arrange on behalf of the Authorised Officer, for storage/security,

maintenance, preservation and locking arrangements as

appropriate, of the movable/fixed/immovable assets so taken over

by the bank by appointing storage keepers and warehouse keepers

security providers who will provide the required services and also

preparation of agreement to be entered into with such service

providers.

7. Advise and arrange for such other action that may be required to

ensure safety and/or preservation of the concerned assets.

Page 20: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

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8. Advice the Authorised Officer concerned as to the most suitable

mode of sale of the concerned assets that could be initiated under

the circumstances having regard to the king, quality, size and value

of the assets and any potential liabilities or dangers that may be

faced with regard to adopting a particular line of action.

9. Assistance and advice to the Authorised Officer in giving due

discharge certificates and issuance of receipts for the sale proceeds,

issue of sale certificates, issue of necessary title deeds in favour of

the new buyer and all other necessary formalities that may in our

opinion deem fit including preparation of related documents, public

notices, letter to prospective buyers, auction notice, sale notice etc.

Overriding provision :

I. Nothing in this letter shall be construed to limit the Bank's rights

to directly deal with its constituent.

II. Availing your services is purely on principal to principal basis and

in your capacity as professional service provider.

III. Bank is entitled to indemnity from you for any claim by any third

party including Bank's constituent for any damage, loss or/and

costs for acts and omissions attributable to you or to your

employees/agents/representatives.

IV. You should strictly comply with all the laws, rules and regulations

in force including RBI and Indian Banks' Association Codes

applicable from time to time.

V. Nothing in this letter shall be construed to authorise you to

handle cash/cheques of the customers and you should ensure

that all the amounts recovered are directly deposited into the

Bank and you should not receive cash or cheques from the Bank's

customers.

VI. Nothing in this letter shall be construed to confer you right to

discharge any money payable to Bank by its constituent as an

agent of the Bank.

Page 21: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

21

Your obligations :

1. You shall be responsible for proper service and maintaining

industry standards

2. You shall be responsible for complying with requirements under

various statutory, regulatory, rules, local laws, etc.

3. You agree that Bank shall have access to all books, records and

information relevant to the captioned account maintained by you

and you are authorizing the Bank for the same.

4. You shall follow the instructions that may be issued by the Bank

from time to time.

5. You shall ensure the captioned party's data confidentiality and shall

be liable for breach if any on your part in maintaining

confidentiality, leakage of confidential information or breach of

security. In the event of request by statutory authorities or a court

of law for information, you shall notify us immediately and shall

part with information only on a written permission by Bank or if

Bank advises you shall take all measures for resisting parting with

information to such authorities.

6. You shall be responsible for keeping captioned party's information,

document, records and assets in isolation and to protect

confidentiality of the information.

7. None of your obligations in part or in whole shall be given to your

subcontractors or agents without the permission of Bank.

8. You agree that Bank shall have right to conduct audits by itself or

through its outside auditors/agents and to obtain review reports on

finding in conjunction with the services performed by you.

9. You agree that Reserve Bank of India being a regulatory authority

shall be entitled to cause an inspection on your books and account

and to allow RBI or persons authorized by it to access the bank's

documents, records of transactions and other information held at

your end.

Page 22: Advertisement UNION BANK OF INDIA, REGIONAL OFFICE, DELHI … · agency/firm/company should be chartered accountants or advocates or should have worked in Judicial, Police, Tax and

22

10. You shall strictly adhere to Fair Practice Code for Lenders,

BCSBI Code and Bank’s Code for Collection of Dues and

Repossession of Security.

11. You should carry this authorization letter along with your

identity card while visiting the Bank’s customer. You should also

carry a copy of the Bank’s letter addressed to the customer

informing about the engagement of Recovery Agent in his account,

which should contain your telephone number.

12. You should tape record the content/text of the calls made by

you to the customers and vice versa. Before recording the

conversation you should intimate the customer that the

conversation is being recorded.

13. You shall employ only such personnel who have completed

100 hours training and obtained IIBF certificate as per RBI

guidelines.

14. Recovery of loans or seizure of vehicle should be done only

through legal means. Yu should not adopt uncivilized, unlawful and

questionable behavior or recovery process.

15. You should refrain from action that could damage the

integrity and reputation of the Bank.

16. You shall not involve in any intimidation or harassment of

any kind either verbal or physical against any person in your efforts

for collection of dues of the captioned account.

Others terms :

It is also agreed that:

• Although there may be a difference between the book value of the

concerned assets or the value perceived by the bank and their

realisable value on disposal, your fees shall be payable based on the

net realisation after providing for all expenses incurred.

• Costs incurred for the valuation of the assets by Bank's valuers

shall be payable by the Bank.

• Any legal due diligence or legal advice may be sought from your

contact of legal experts as and when required.

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• Fees payable for engaging lawyers for the proceedings under Section

14 shall be limited to Rs.XXXX/- per Court. Bank can engage its

own panel Advocates for this purpose at its own discretion.

• Any fees payable to you shall exclude costs incurred towards any

legal or charge payable to court/Authority and for filing caveats in

various courts which shall be borne by the Bank.

• Any fees payable to you shall exclude any insurance premium

payable to cover risks involved in taking possession and

maintenance of the assets thereafter.

• Any decisions taken on behalf of the Bank by you or your

representatives during the course of the assignments shall be with

the prior written concurrence of the Bank.

• Authorized Officer of the bank shall be available for discharging

their statutory obligation.

• Bank shall consult you in regard to notices/proceedings to be

issued by the Bank at no extra cost or charges.

• The actual time frame and tasks involved with regard to carrying

out any specific assignment shall be spelt out by you to the Bank

well in advance, as far as possible, to ensure smooth

implementation of decisions.

• All fees and expenses will be subject to such withholding tax as may

be prescribed.

• In case of compromise without effecting sale of the secured assets,

the fee payable to you upto the particular stage will only be payable.

• Your assistance for any stage can be dispensed with by the Bank at

its discretion and no further payment beyond that stage will be

made to you. Such payment will be as per chart appended

hereunder.

• The personnel engaged by you for performance of services

mentioned herein will not have any relation of whatsoever nature or

any claim of whatsoever nature with/against the Bank. They will

not be treated as in employment of the Bank directly or indirectly.

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• The Bank will have the right not to avail of the services from any

stage of the proceeding and engage any other agency for any stage

for the remaining activities.

Types of assistance Indicative charges

Note: You may be allowed to claim ____% of the stage wise amount

payable OR Rs.XXXX/- as advance whichever is lower.

• In the case of compromise or settlement without effecting sale of

secured assets, the fee payable to you shall be upto the previous

stage and payment on slab is not admissible.

Conclusion :

We look forward to working with you and your colleagues on this

important assignment. You should get in touch with our Shri

________________ at __________ branch, being the Authorized Officer for

further action in the matter. We shall be grateful if you would confirm the

terms of the engagement on the terms and conditions of this letter by

signing and returning the attached copy of this letter.

Thanking you

Yours Sincerely,

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FORMAT OF THE LETTER WHICH WILL BE ISSUED TO THE INVESTIGATING AGENT:

M/s. _____________________________

Dear Sir,

Investigation of assets of

A/c:___________________________

=================================

This has reference to your letter No.______________ dated _________

on the above-mentioned subject and our subsequent discussions

with you in this regard.

2. In this connection, we are pleased to inform you that we wish to

avail of your services as investigation agent for unearthing the

assets of the following persons/entities:

1. Name

2. Last known address as per records

3. You should discreetly enquire about the assets owned by the

persons and above and submit a report to the bank

4. Your obligations :

1. You shall be responsible for proper service and maintaining

industry standards

2. You shall be responsible for complying with requirements under

various statutory, regulatory, rules, local laws, etc.

3. You agree that Bank shall have access to all books, records and

information relevant to the captioned account maintained by you

and you are authorizing the Bank for the same.

4. You shall follow the instructions that may be issued by the Bank

from time to time.

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5. You shall ensure the captioned party's data confidentiality and shall

be liable for breach if any on your part in maintaining

confidentiality, leakage of confidential information or breach of

security. In the event of request by statutory authorities or a court

of law for information, you shall notify us immediately and shall

part with information only on a written permission by Bank or if

Bank advises you shall take all measures for resisting parting with

information to such authorities.

6. You shall be responsible for keeping captioned party's information,

document, records and assets in isolation and to protect

confidentiality of the information.

7. None of your obligations in part or in whole shall be given to your

subcontractors or agents without the permission of Bank.

8. You agree that Bank shall have right to conduct audits by itself or

through its outside auditors/agents and to obtain review reports on

finding in conjunction with the services performed by you.

9. You agree that Reserve Bank of India being a regulatory authority

shall be entitled to cause an inspection on your books and account

and to allow RBI or persons authorized by it to access the bank's

documents, records of transactions and other information held at

your end, failing which the Bank will be made liable to pay

supervisory fees to RBI.

10. You shall not involve in any intimidation or harassment of

any kind either verbal or physical against any person in your efforts

for investigation of assets of the captioned account.

5. Fee payable to You:

-----------------------------------------------------

6. Overriding provision :

I. Nothing in this letter shall be construed to limit the Bank's rights

to directly deal with its constituent.

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II. Availing your services is purely on principal to principal basis and

in your capacity as professional service provider.

III. Bank is entitled to indemnity from you for any claim by any third

party including Bank's constituent for any damage, loss or/and

costs for acts and omissions attributable to you or to your

employees/agents/representatives.

IV. You should strictly comply with all the laws, rules and regulations

in force including RBI and Indian Banks' Association Codes

applicable from time to time.

V. Nothing in this letter shall be construed to authorize you to handle

cash/cheques of the customers and you should ensure that all the

amounts recovered are directly deposited into the Bank and you

should not receive cash or cheques from the Bank's customers.

VI. Nothing in this letter shall be construed to confer you right to

discharge any money payable to Bank by its constituent as an

agent of the Bank.

6. Conclusion :

We look forward to working with you and your colleagues on this

important assignment. You should get in touch with our Shri

________________ at __________ branch, being the Authorised Officer for

further action in the matter. We shall be grateful if you would confirm the

terms of the engagement on the terms and conditions of this letter by

signing and returning the attached copy of this letter.

Thanking you

Yours Sincerely,

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Financial Quotes Quote for Charges to be claimed for recovery by Recovery Agents:

Age of NPA Fee/Commission/charges Upto 4 years ____% of the amount recovered Above 4 years upto 6 years ____% of the amount recovered Above 6 years ____% of the amount recovered

Please note that in case efforts of Recovery Agents result in OTS or settlement with the party the competent authority may consider payment of Fee/Commission/Charges at half the rates above. Quote for Charges to be claimed for recovery by Enforcement Agents:

Type of assistance Fee that would be charged Pre inspection and viability report

Amount in Rs_____________________

Assistance for taking possession of goods/ movable and Immoveable Property

Rate in Rs. Slab

If the value of property is upto Rs.50.00 lacs If the value of property is Rs.50 lacs to Rs.1 crore If the value of property is Rs.1 crore to Rs.3 crores If the value of property is Rs 3 crore to Rs.5 crore If the value of property is Rs.5.00 crore and above

Rate (As % of Notice Dues) Slab For obtaining orders from District Collector/Chief Metropolitan Magistrate

(For notice dues upto Rs.20.00 lacs, )* (For notice dues over Rs.20.00 lacs upto Rs.50.00 lacs)** (For notice dues over Rs.50.00 lacs upto Rs.1.00 crore)*** (For notice dues over Rs.1.00 crore)****

Safeguarding Assets by appointing security guards

As per Government rules

For safe keeping in the godown/ warehouse

Conducting Sale of Assets

Age of NPA Fee/Commission/charges Upto 4 years ____% of the amount recovered Above 4 years upto 6 years ____% of the amount recovered Above 6 years ____% of the amount recovered

Providing necessary assistance for collection/ recovery from Borrower's debtors

_____% of the amount of dues recovered

*Minimum 10000/-, Maximum 20000/-, ** Minimum 20000/-, Maximum 37500/-, *** Minimum 37500/-, Maximum 50000/-, **** Minimum 50000/-, Maximum 75000/-, Slab based fee payable on sale of assets shall be net of the fees already paid for other services. In the case of settlement with the borrower without effecting sale of assets, the fee payable to the agency upto particular stage alone will be payable.

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Quote for Charges to be claimed for recovery by Investigating Agents:

Onetime fee for reports (a) Rs._________________ maximum,

AND

Information as to unencumbered immoveable property (Which has to be

certified by Title Report of the Panel Advocate, the amount payable for such

Title report is to paid by Bank to the Advocate separately)

if the realizable value is less than

50 lacs.

Rs.________/- or ____% of the realizable

value, whichever is less,

if the realizable value is more than

50 lacs but less than 1 crore

Rs.________/- or ____% of the realizable

value, whichever is less,

if the realizable value is more than

1 crore

Rs.________/- or ____% of the realizable

value, whichever is less,

Information as to movable

properties like cars, consumer

durables etc.

Rs.________/- or ____% of the realizable

value, whichever is less,

Information as to liquid assets like shares, fixed deposits, investments etc.

if the realizable value is less than

50 lacs.

Rs.________/- or ____% of the realizable

value, whichever is less,

if the realizable value is more than

50 lacs but less than 1 crore

Rs.________/- or ____% of the realizable

value, whichever is less,

if the realizable value is more than

1 crore

Rs.________/- or ____% of the realizable

value, whichever is less,