Section 5(1) of the SARFAESI Act provides two modes by

Solution

Section 5(1) provides exactly two modes of acquisition of financial assets by an ARC: (a) by issuing a debenture, bond, or any other security in the nature of a debenture for consideration agreed upon between the ARC and the bank/FI, on such terms and conditions as may be agreed; or (b) by entering into an agreement with such bank/FI for the transfer of the financial assets. Under Section 5(2), upon such acquisition, the ARC is deemed to be the lender and all rights of the bank vest in the ARC. Section 5(1A) (inserted by 2016 Amendment) further provides that documents executed for such acquisition are exempt from stamp duty under Section 8F of the Indian Stamp Act, 1899.