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    (For Internal Use Only)

    UCO BANK

    DOCUMENTATION MANUAL

    LAW

    JULY, 2007

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    ii

    FOREWORD

    Lending is one of the important activities in banking. In all lending transactions, there is an

    agreement between the lender bank and the borrower customer. In banking parlance such

    agreements are written statements, declaring certain rights, obligations, responsibilities and

    liabilities of various parties involved in the transactions and matters incidental thereto and

    which are admissible in law as a piece of evidence called Documents. Thus, documents

    form vital records for all lending operations/transactions and are to be taken correctly by a

    banker. Any lapse of shortcoming in documents may cause substantial losses to the Bank.

    Although the Banks Manual of Instructions on Advance has listed the documents to be taken,

    there is a need for assembling all of them in one place for ready reference by the staff

    members before disbursal of sanctioned credit facilities.

    I am pleased that Head Office, Law Department, under the leadership of Shri P. K. Das,

    General Manager, has undertaken the task of putting the various documents in a separate

    Manual of Documentation. The task was no doubt stupendous, but an urgent requirement.

    The volume prepared by them includes all the documents in use at our Bank with guidelines

    how to execute them in various credit dispensations.

    I am sure all the staff particulrly the Branch Managers will be benefited by the Manual which

    will enable them to ensure proper documentation for advances.

    (V. SRIDAR)

    Dated, Kolkata

    4th July 2007.

    Je. e"h

    V. SRIDARV. SRIDARV. SRIDARV. SRIDARV. SRIDARChairman & Managing Director

    gqfUtu cfU"tl fUtgtotg

    10, rc. ti b. mhKe,fUtutfUt;t-700 001

    UCO BANK

    Head Office10, B. T. M. SaraniKolkata-700 001

    Phone : 2225 4094, 2225 3350 Fax : 2225 3986 E-mail : [email protected]

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    iii

    UCO BANKHead Office : Law Department1, R. N. Mukherjee Road, 3rd fl.,Kolkata-700 001.

    P K DASGeneral Manager [Law]

    PREFACE

    Taking correct and proper documents is a sine qua non while disbursing loans and advances.

    In the Banks Manual of Instructions, Volume-6, General Advances, Chapter-14 deals with

    various documents to be taken by the branches. The contents therein do not cover all types

    of documents. In the meantime, the Bank has introduced various innovative credit schemes

    in the competitive market scenario. This has necessitated to put in one place all types of

    existing documents, vis--vis the respective credit facilities and also required guidelines for

    executing those documents correctly. Hence, a need was felt to bring out a comprehensive

    Manual of Documentation incorporating all documents for use as ready reference by the

    members of staff of the Bank.

    Our revered Chairman & Managing Director, Shri V. Sridar directed the Head Office, Law

    Department to undertake the task of preparing a documentation manual keeping in view the

    above necessities. Accordingly a team of legal experts comprising of Shri B. K. Sil, Ex. Asstt.General Manager (Law), Shri S. Bhattacharyya, Ex. Asstt. General Manager (Law) and Ms.

    Tulika Ghosh, Law Officer was formed in our department under overall supervision of the

    General Manager (Law) to write the Manual.

    The Manual of Documentation is a compilation of all the existing formats of documents to

    be taken by branches while disbursing loans and advances to different types of borrower in

    respect of different credit facilties sanctioned to them.

    There are 9 (nine) chapters in this Manual, which, inter alia, include the basic definition,

    purpose, importance, various formats of existing documents in use in the Bank and most

    importantly the guidance to execute different documents correctly so that they may be

    produced in the courts of law as evidences whenever necessary.

    It has been our experience that branches often lack in initiating steps to obviate law of

    limitation, creation of charges and registration of charges as per requirements of existing/

    amended rules. This manual has provided guidance to deal with those situations. We have

    tried to compile all existing documents in respect of all types of credit facilities extended by

    the Bank as per the latest circulars issued by Head Office.

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    In a dynamic situation as we are, there may be changes/modifications giving rise to innovative/

    new documents. We shall strive to bring those as addenda and/or amendments as and when

    warranted.

    We have taken all care against factual errors and typographical mistakes. Nevertheless, if

    any omission is noted, we shall be thankful to be pointed out about those for our correction/

    clarification.

    We express our deep gratitutde to CMD for all the encouragement given to bring out this

    manual and thank the team for their hard work. Our efforts will be worthwhile if this Manual

    comes handy and helpful for the staff members of the Bank for whom it has been brought

    out.

    (P. K. Das)

    General Manager (Law)

    Dated, Kolkata4th July 2007.

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    CONTENTS

    CHAPTER 1

    INTRODUCTION

    1. General ................................................................................................................. 1

    2. What is a Document ........................................................................................... 1

    3. Purpose ................................................................................................................ 1

    4. Requirements of a Document ............................................................................ 2

    5. Importance of Documentation ............................................................................. 3

    6. Some Important Documents ............................................................................... 3

    CHAPTER 2

    ADVANCE AGAINST GOODS AND WAREHOUSE RECEIPTS

    General ........................................................................................................................ 11

    CHAPTER 3

    ADVANCE AGAINST IMMOVABLE PROPERTIES

    1. General ................................................................................................................. 12

    2. Annexure I : Draft of Letter of Undertaking to be obtained from the

    applicant for advances against Immovable property. ............. 13

    3. Annexure II : Draft of Letter authorising a person to deposit Title

    Deeds of Property for creating Equitable Mortgage.............. 14

    4. Annexure III : Draft of entry to be made in Equitable Mortgage

    Register in respect of property standing in the

    name of one or more individuals. ........................................... 15

    5. Annexure IV : Draft of entry to be made in Equitable Mortgage

    Register in respect of property standing in the

    name of partnership firm. ........................................................ 16

    6. Annexure V : Draft of Entry to be made in Equitable mortgage

    Register in respect of property standing in the

    name of Limited companies. ................................................... 17

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    7. Annexure VI : Draft of Letter of Deposit of Title Deeds to be obtained

    from the mortgagor(s). ............................................................. 18

    8. Annexure VII : Draft of Letter to be obtained from mortgagor(s) for

    covering increase in limits. ...................................................... 19

    9. Annexure VIII : Draft of entry to be made in Equitable Mortgage

    Register owing to increase in limits........................................ 20

    10. Annexure IX : Draft of letter to be obtained from mortgagor(s)

    for deposit of additional Title Deeds with or without

    increase in limits. ...................................................................... 21

    CHAPTER 4

    ADVANCES AGAINST FIXED DEPOSIT RECEIPTS, KUBER YOJANA RECEIPTS, MONEY

    MULTIPLIER (UCO DOUBLE/UCO TREBLE) RECEIPTS, LAKHPATI DEPOSIT RECEIPTS,

    DEPOSIT CERTIFICATES, FLEXIBLE-FIXED DEPOSIT, RECURRING DEPOSIT(RD)/MONEY

    BACK RECURRING DEPOSITS (MBRD), LIFE INSURANCE POLICIES, UNITS ISSUED BY

    UNIT TRUST OF INDIA, SHARES

    1. Advances Against Fixed Deposit Receipts, Kuber Yojana Receipts,

    Money Multiplier (Uco Double/Uco Treble) Receipts, Lakhapati

    Deposit Receipts, Deposit Certificates ............................................................... 23

    2. Loan/advances against Flexible-Fixed Deposit .................................................. 23

    3. Advances against Recurring Deposit(RD)/Money Back Recurring

    Deposits (MBRD) ................................................................................................. 23

    4. Advances against Life Insurance Policies .......................................................... 23

    5. Advances against Units Issued By Unit Trust of India .................................... 23

    6. Advances against Shares ................................................................................... 23

    CHAPTER 5

    REGISTRATION OF CHARGES WITH THE REGISTRAR OF COMPANIES

    MCA 21 e GOVERNANCE PROGRAMME

    1. General ................................................................................................................. 24

    2. Annexure 1 : Form 8 .................................................................................... 25

    3. Annexure 2 : Form 17 .................................................................................. 30

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    CHAPTER 6

    UCO RENT SCHEME FOR FINANCING RENTAL RECEIVABLES

    1. General ................................................................................................................. 32

    2. Annexure: Agreement for Assignment of Rent ................................................. 33

    CHAPTER 7

    ADVANCES ON CONSORTIUM BASIS : SINGLE WINDOW CONCEPT OF

    LENDING (SWCL) BY BANKS DOCUMENTATION

    1. General ................................................................................................................. 38

    2. Annexure 1 : Resolutions to be passed by the Borrowers

    Board of Directors .................................................................... 39

    3. Annexure 2 : Resolutions to be passed by the B Banks

    Board of Directors .................................................................... 44

    4. Annexure 3 : Resolutions to be passed by the Boards of C Bank,

    D Bank and E Bank ............................................................. 46

    5. Annexure 4 : Letter of Authority to be given by B Bank, C Bank,

    D Bank and E Bank to A Bank (the leader Bank) .......... 47

    6. Annexure 5 : Letter of Authority to be given by C Bank, D Bank

    and E Bank to B Bank ......................................................... 49

    7. Annexure 6 : Working Capital Consortium Agreement ................................. 51

    8. Annexure 7 : Joint Deed of Hypothecation ................................................... 83

    9. Annexure 8 : Inter Se Agreement between A Bank, B Bank, C Bank,

    D Bank and E Bank ................................................................ 98

    10. Annexure 9 : Revival Letter ............................................................................ 108

    11. Annexure 10 : Working Capital Facilities ......................................................... 109

    CHAPTER 8

    UCO SHELTER SCHEME

    1. List of Documents for UCO Shelter for Individuals .......................................... 110

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    2. Appendix I : Letter for giving in-Principle Sanction - Annexure III ......... 112

    3. Appendix II : Format for Report on the Visit of the site of the

    proposed property Annexure IV............................................ 113

    4. Appendix III : Process Note for in-Principle and Regular Sanction

    Annexure VI............................................................................ 115

    5. Appendix IV : Format for Regular Sanction Advice Annexure IX .......... 119

    6. Appendix V : ATTESTATION MEMO............................................................ 123

    7. Appendix VI : Statement of means Annexure II(ii) ................................... 124

    8. Appendix VII : Format of letter to be issued to the Transferor Bank

    after sanction of Loan (in case of Take-Over)

    Annexure VIII.......................................................................... 1279. Appendix VIII : Loan Agreement (AHL-6) ...................................................... 129

    10. Appendix IX : Revival letter for the purpose of extending the

    limitation period (AHL-7)........................................................ 146

    11. Appendix X : Revival letter for the purpose of extending the

    limitation period (AHL-8)........................................................ 147

    12. Appendix XI : Letter of Assignment for LIC Policy (AHL-9) ...................... 148

    13. Appendix XII : Recital (to be entered in the Banks Equitable

    Mortgage Register) evidencing creation of such

    mortgage (AHL-10) ................................................................ 149

    14. Appendix XIII : Confirming Letter (by Regd. Post) of such

    mortgage (AHL-11) ................................................................ 151

    15. Appendix XIV : Lawyers Search Report on letter head regarding

    good and marketable title of the property (AHL-12) .......... 153

    16. Appendix XV : Letter of Guarantee (AHL-13) ............................................... 154

    17. Appendix XVI : Letter of undertaking an indemnity by the applicant/

    mortgagor in cases of agreement to purchase a flat

    from promoter/builder (AHL-14) ............................................ 160

    18. Appendix XVII : Letter from the Society in case of Co-operative

    Flats (AHL-15)........................................................................ 162

    19. Appendix XVIII : Letter of Authority of appropriation of retiring benefits

    from borrower to his employer (AHL-16) ............................. 163

    20. Appendix XIX : Letter by the mortgagor/employee to his employer for

    deduction of EMI (AHL-17) ................................................... 165

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    21. Appendix XX : Letter from builders/promoters/owners (on letter head)

    assuring good title and other assurances (AHL-18) ........... 166

    22. Appendix XXI : Letter requesting creation of equitable

    mortgage (AHL-19) ................................................................ 168

    23. Appendix XXII : Affidavit-cum-undertaking by the applicant agreeing

    to deposit the sale deed when obtained (AHL-20) ............ 169

    24. Appendix XXIII : Non encumbrance certificate and detailed report on

    title (to be submitted on Advocates letter head)

    Annexure V ............................................................................. 171

    25. Appendix XXIV : Verification of present employment Annexure II(i) .............. 172

    26. Demand Promissory Note (i)A1 (ii) A1A (iii)A2 (iv) A2A.................................

    CHAPTER 9

    SCHEME FOR FINANCING REAL ESTATE PROMOTERS/DEVELOPERS

    1. General ................................................................................................................. 174

    2. Annexure 1 : Agreement for Cash Credit to be entered into

    between the Borrower/ Developers and the Bank ................. 175

    3. Annexure 2 : A Tripartite Agreement to be entered into betweenthe Borrower/ Developer, the Intending Purchaser

    and the Bank ............................................................................ 196

    CHAPTER 10

    UCO TRADERS SCHEME

    General ........................................................................................................................ 203

    APPENDIX

    1. A 1 .................................................................................................................... 206

    2. A 2 ....................................................................................................................

    3. A 3 .................................................................................................................... 207

    4. A 4 .................................................................................................................... 208

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    5. A 5 .................................................................................................................... 210

    6. A 6 .................................................................................................................... 214

    7. Schedule of Pledge ............................................................................................. 216

    8. A 7 .................................................................................................................... 218

    9. A 8 .................................................................................................................... 220

    10. A 8A................................................................................................................ 230

    11. A 8B ................................................................................................................. 234

    12. A 9 .................................................................................................................... 238

    13. Schedule of Hypothecation ................................................................................. 253

    14. Form of Suppemental Deed of Hypothecation of Goods for

    increase in Limit/Facility without Additional Property as Security ................... 255

    15. Form of Suppemental Deed of Hypothecation of Goods for

    Additional Security for an Increase in Limit/Facility .......................................... 256

    16. Form of Suppemental Deed of Hypothecation of Goods for

    Additional Security for an Existing Limit/Security.............................................. 258

    17. A 9A ................................................................................................................. 260

    18. A 9B ................................................................................................................. 283

    19. A 9C ................................................................................................................. 293

    20. A 9 D ............................................................................................................... 312

    21. A 12 .................................................................................................................. 319

    22. A 12A ............................................................................................................... 321

    23. A 21 .................................................................................................................. 326

    24. A 21A ............................................................................................................... 329

    25. A 27 .................................................................................................................. 334

    26. A 36 .................................................................................................................. 348

    27. A 38 .................................................................................................................. 354

    28. A 38 (Revised)................................................................................................. 358

    29. A 38A ............................................................................................................... 360

    30. A 39 .................................................................................................................. 362

    31. A 40 .................................................................................................................. 364

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    32. A 43 .................................................................................................................. 367

    33. A 43A ............................................................................................................... 370

    34. A 47 .................................................................................................................. 373

    35. A 49 (Revised)................................................................................................. 374

    36. A 49B ............................................................................................................... 379

    37. A 58 .................................................................................................................. 390

    38. A 65 .................................................................................................................. 393

    39. A 68 .................................................................................................................. 394

    40. A 88B ............................................................................................................... 400

    41. A 93 .................................................................................................................. 405

    42. A 97 .................................................................................................................. 406

    43. A 98 .................................................................................................................. 408

    44. A 100 ................................................................................................................ 409

    45. A 101 ................................................................................................................ 413

    46. A 103 ................................................................................................................ 416

    47. A 103A ............................................................................................................. 433

    48. A 104 ................................................................................................................ 440

    49. A 105 (Agri) ..................................................................................................... 449

    50. A 107 ................................................................................................................ 471

    51. A 107A ............................................................................................................. 476

    52. A 109 ................................................................................................................ 479

    53. FR 2 (Revised) ................................................................................................ 488

    54. FR 126 ............................................................................................................. 496

    55. S 14 .................................................................................................................. 498

    56. JAL 70 .............................................................................................................. 500

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    tuFefUhK vwr;fUtDOCUMENTATION MANUAL

    rJr" / LAW

    (fuUJt ytk;rhfUWvgtud nu;w)(FOR INTERNAL USE ONLY)

    "tl fUtgtotg/ HEAD OFFICErJr" rJCtd

    LAW DEPARTMENT

    10, ce. xe. Yb. mhKe(7Jtk;t), fUtutfUt;t-700 00110, B. T. M. SARANI (7th Floor), KOLKATA-700 001

    Printed by: A. K. Banerjee & Bros.Kolkata-700 001

    Printed by: A. K. Banerjee & Bros.Kolkata-700 001

    tuFefUhK vwr;fUtDOCUMENTATION MANUAL

    rJr" / LAW

    (fuUJt ytk;rhfUWvgtud nu;w)(FOR INTERNAL USE ONLY)

    "tl fUtgtotg/ HEAD OFFICErJr" rJCtd

    LAW DEPARTMENT

    10, ce. xe. Yb. mhKe(7Jtk;t), fUtutfUt;t-700 00110, B. T. M. SARANI (7th Floor), KOLKATA-700 001

    Printed by: A. K. Banerjee & Bros.Kolkata-700 001

    Printed by: A. K. Banerjee & Bros.Kolkata-700 001

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    1

    CHAPTER 1

    INTRODUCTION

    General

    This Documentation Manual has been intended for the convenience of the branches to com-

    pile all the existing formats of documents to be taken by branches while disbursing advances

    to different types of borrowers, in respect of different credit facilities sanctioned to them.

    As regards documentation, renewal of documents, advances against goods, and other cur-

    rent assets including book debts and immovable properties and also against Term Deposits,

    LIC Policies, NSCs, Govt. Securities, Shares, Debentures and also for recovery of advances

    and legal action and execution of decree, detailed guidelines have already been provided in

    Banks Manual of Instructions, Vol-VI, Advances (General), which the branches are advised

    to scrupulously follow. Hence it has not been felt necessary to repeat the same in this

    Manual of Documentation.

    What is a Document

    Section 3 of the Evidence Act defines Documents as any matter expressed or described

    upon any substance by means of letters, figures or marks or by more than one of those

    means which is intended to be used for the purpose of recording that matter. Therefore,

    document is a written statement of facts declaring certain rights, obligations, responsibilities

    and liabilities relating to or concerning or in respect of the transactions or the parties or the

    ownership and / or possession of the property and for matters incidental thereto and which

    is admissible in law as a piece of evidence or a record of bargain/transaction.

    Purpose

    The main purpose of obtaining documents is to secure the advances and enable the Bank

    to recover the dues through legal means when all other recourses fail. Documentation proc-

    ess attempts to ensure the following:

    Documentation assumes special significance in the following instances:

    a) Identify the parties.

    b) Identify the nature and extent of security

    c) For providing evidence of the transactions and borrowers debt to the Bank

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    d) To prove that the charge created on the Borrowers assets as security for the debt is

    maintainable and enforceable.

    e) For settling/ crystallising the terms and conditions

    f) For defining the rights and liabilities of parties or under the securities

    g) For creating the charges/encumbrances

    h) For protecting the priority of charges

    i) For computing the period of limitation

    j) For enforcing the rights under the documents.

    k) To claim against the legal representatives, official receiver/liquidator, etc.l) To prove Banks prior charge in respect of assets charged to the Bank against the claims

    by Government Departments, other creditors, etc.

    m) To ensure that the Banks right to enforce the recovery of the debt through a court of

    law is not allowed to become time-barred under the law of limitation.

    As documents form the primary evidence in any dispute between the Bank and the Bor-

    rower, it is imperative that they are correct and valid at all times. Documentation, therefore,

    is a continuous and on-going process covering the entire period of advance.

    Requirements of a Document

    A document to serve the above purposes and objects must contain correct description of

    the parties, mention the actual place of execution, mention correct date of execution, con-

    tain accurate description of the properties/securities, contain proper recitals / covenants, pro-

    vide for consideration for the transaction, stipulate the terms and conditions of repayment,

    contain all other essential terms and conditions, be duly stamped and must be registered

    and attested wherever the Law requires the document to be so registered and attested. The

    documents to be executed by the Borrower(s) / Guarantor(s) in favour of the Bank depends

    upon the type of charge (Hypothecation, Pledge, Mortgage, etc.), type of the advance (De-

    mand Loan, Cash Credit, Term Loan, etc.), nature of the security (movable or immovable,

    actionable claims, etc.) and finally upon the constitution of the Borrower(s) / Guarantor(s)

    (Individual, Partnership Firm, Company, Association of Persons, Trust, HUF, etc.). While ob-

    taining the security documents, regard must be had to the constitution of the Borrower(s) /

    Guarantor(s) and its / their authority and competence to execute the documents, the nature

    and type of securities being the charge, legal nature of the charges and applicable laws

    thereto.

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    Importance of Documentation

    The Loan / security documents are of crucial importance to the Bank in respect of all loansand advances as they constitute the primary evidence in any legal proceedings between the

    Bank and the Borrower(s)/Guarantor(s). In the absence of properly executed documents, it

    may be very difficult for the Bank to succeed in any suit filed in a Court of Law for enforc-

    ing its rights under the documents. The legal protection and judicial adjudication always re-

    quires and depends upon valid documents. Documentation will succeed in fulfilling its pur-

    pose only when the following requirements are met

    (1) The owing of the debt to the Bank by the Borrower is established by documents

    (2) The charge created on the Borrowers assets as security for the debt is preserved,

    protected, perfected and maintained in accordance with the law and

    (3) The Banks right to enforce the security for recovery of the debt through Court of Law

    is not barred by expiry of limitation under the Law of Limitation.

    Some Important Documents

    While granting loans/advances to a borrower, the bank obtains several documents. Nature of

    some of the important documents as well as the objects for obtaining such documents are

    enumerated below in short:

    1. Demand Promissory Note (A1 and A2)

    A DP Note (taken by Banker) is an instrument in writing, executed by the borrower, in

    favour of the Bank, containing an unconditional undertaking to pay the amount he

    borrowed from the Bank, as and when the Bank demands it, along with interest at

    specified rate. A DP Note is always stamped with Revenue Stamp and the same should

    be cancelled by writing of the name or initials of the executant on or across the stamp

    with the date of his so writing.

    2. Letter of Continuity (A-3)

    In case of cash credit/over draft advances, this document is taken along with DP Note.

    The object for taking this document is to keep alive the DP Note, inspite of the fact

    that the balance in the cash credit/over draft account fluctuates and also goes into credit

    at times.

    3. Letter of Lien (A-4)

    This document is taken while granting advances against shares, National Savings

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    Certificate, Post Office Time Deposit, Govt. Promissory Notes, Debentures, Unit Trust

    Certificates and the like. It is to be stamped as an agreement.

    4. Partnership Letter (A-5)

    Partnership Letter is taken in case of advances to Partnership Firms who do not have

    Partnership Deeds. Where there is no written Partnership, it is difficult to prove the

    existence of a Partnership Firm when occasion demands. A-5 is a declaration from all

    partners regarding the existence of the Partnership Firm. This also specifies the Joint

    & Several character of liability of the partner as also their power to bind other partners.

    5. Temporary Mandate Form (A-6)

    When the borrower authorises another person to operate cash credit/ over draft accountfor a temporary period, this document is executed by him. This also contains the

    specimen signature of the person so authorised. This document should be stamped as

    an agreement.

    6. HUF Letter (A-7)

    HUF letter is taken when the bank grants loan and advances to Hindu Undivided Family.

    This document puts on record the name of the Karta and other adult Co-parceners.

    This also specifies their liability as also their power to bind all members. For all practical

    purposes this document serves the purpose of a resolution.

    7. Agreement of Pledge (A-8)

    This document is taken while granting loan and advances against security of pledge of

    goods. It is stamped as an agreement. The securities in this document should be

    described only in general term without giving any details of their actual quantity, value,

    mode of packing etc. When an account is secured by pledge of movables, the period

    of limitation for recovery of monies due under such an account would be 3 years from

    the close of the year in which the last item of debit or credit is admitted or proof in

    case of cash credit account and in case of demand loan account, the period of limitationwould be 3 years from the date when the loan is made. It may, however, be noted

    that as pledgee the bank has a right to sell the pledged goods at any time in its

    discretion on reasonable notice to the Borrower and appropriate sale proceeds towards

    its dues without intervention of court. There is no period of limitation for such sale.

    But if there is a shortfall in the account after such sale, the Bank will not be able to

    recover it from the Borrower personally unless the suit to recover such shortfall is filed

    in court within the prescribed period of limitation as stated above. Agreements of pledge

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    are required to be acknowledged once in every 3 years.

    The State Government has remitted the stamp duty payable on a document of pledge.But as a document of pledge contains other agreements, it is stamped with duty as

    an agreement.

    8. Form of Supplemental Agreement to Pledge of Goods for Increase in Limit/Facility

    for adult property as security (A-8A)

    This document is taken when the Bank enhances the existing limit/facility granted to

    the Borrower for additional property pledged as security.

    9. Form of Supplemental Agreement to Pledge of Goods for Increase in Limit/Facility

    without Additional Property as Security (A-8B).

    This document is taken when the Bank enhances the existing limit/facility granted to

    the Borrower without additional property pledged as security.

    10. Agreement of Hypothecation (A-9)

    This document is taken while granting loans and advances against security of

    hypothecation of goods. It is stamped as an agreement.

    It may be pertinent to point out here that stamp law as applicable to certain states

    also provides for payment of ad valorem stamp duty on the document of hypothecation.Hence, in the states, which provide for payment of ad valorem stamp duty on the deed

    of hypothecation, in such states, the deed of hypothecation, if executed and/or acted

    upon there, would attract ad valorem stamp duty as prescribed for deed of

    hypothecation.

    11. Hypothecation & Book Debts to secure Demand Cash-credit (A-9B)

    This document is taken when the Bank makes an advance and/or agrees to grant

    accommodation to the Borrowers to open a Cash Credit account in the books of the

    Bank.

    12. Composite Agreement for Working Capital/Term Loan Facilities and Hypothecation

    (A-9C)

    This document is obtained when the Bank grants a Composite Loan to the Borrower

    under the scheme of Prime Minister Rozgar Yojana (PMRY).

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    13. Agreement for extension of Charge by way of Hypothecation over Current Assets

    to secure Non-Fund Based Facilities (A-9D)

    This document is obtained when accommodation by way of cash credit facility and other

    additional facilities are granted to the Borrower and the Borrower agrees that the first

    charge created by hypothecation will also extend over the additional facilities.

    14. Letter of Acknowledgement - cum - Balance Confirmation (A-12)

    The purpose of taking this document is two fold:

    a. It serves as an acknowledgement of debt.

    b. It links the old documents with the new ones.

    There is a difference between the purpose for renewal of limit and the purpose for

    which the documents get renewed. Renewal of limit may be done within one year

    according to the practice of the Bank. It gives an opportunity to the Bank to review

    the account to verify whether the party is conducting the account satisfactorily. If the

    Bank is satisfied as to the conduct of the account it may renew the limit or otherwise

    it may recall the advance. The purpose behind the renewal of documents is to save

    the advance from being time-barred. As such the documents must be renewed within

    a period of 3 years. But it is not necessary to renew the documents at the time of

    renewal of limit unless there has been a change in the limit or on terms and conditionsof the limit. This is obtained at the time of renewal of the documents. The document

    is to be stamped as an acknowledgement and the borrower has to sign on the Revenue

    Stamp of requisite value.

    15. Agreement of Bills Purchase (A-20)

    This document is taken by granting of Bill Purchase facility/advance against Bills in

    course of collection. A-20 is an agreement regarding bills purchased or advances in

    course of collection of bills. It simply lays down the terms and conditions on which the

    Bills Purchased facility are granted to the party. In case of Bills purchased, the Billsare endorsed in favour of Bank and the Bank becomes a holder-indue-course and

    has a right to sue the party concerned on the instrument itself. The Bank has recourse

    against the party for whom the bills have been purchased and normally in case of

    dishonour the party is asked to reimburse the amount and on failure to do so, his

    account is debited. If the full amount is recovered by debiting the account, the matter

    ends there. But if it is not, an overdraft would be created and this will have to be

    recovered within a period of 3 years otherwise it will become time- barred. Even

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    otherwise the suit on the instrument must be filed within a period of 3 years. In order

    to save limitation confirmation of balance is to be obtained. A-20 does not require

    renewal. It is to be stamped as an agreement.

    16. Letter of Guarantee (A-21/A-21A)

    This document is obtained from the guarantor whenever loans and advances are

    sanctioned on the guarantee of a third person. A-21 is obtained from the guarantor

    when the borrower is either a company or a firm. A-21A is obtained from the guarantor

    when the borrower is an individual. Strictly in law, it should be stamped as an agreement

    plus indemnity. But in practice, it is stamped as an indemnity only.

    17. Consumer Loan Agreement (A-27)

    This document is taken while granting consumer loan. The borrower as well as the

    guarantor sign this document on all pages. This document is to be stamped as a

    guarantee cum- agreement.

    18. Agreement for Transport Loan (A-36)

    This document is taken while granting Transport Loan. This document is signed by the

    borrower as well as the guarantor on all pages.

    19. Letter of Lien on Fixed Deposit Receipt (A-38)

    This document is taken while granting advances against the security of Fixed Deposit

    Receipt. When the advance is granted to the Depositor this document need not be got

    stamped. In case of advance to a person other than the depositor, it should be stamped

    as an agreement.

    20. Agreement for advances against Fixed Deposit Receipt not belonging to the

    Borrower (A-39)

    This document is taken from a borrower who borrows against the security of a Fixed

    Deposit Receipt belonging to other person. It is to be stamped as an agreement.

    21. Power of Attorney relative to Supply Bills on Government (A-40)

    This document is obtained from the borrowers while granting advances against

    government supply bills. This is an irrevocable Power of Attorney granted by the borrower

    in favour of the Bank empowering the latter to sign, present and submit supply bills

    on behalf of the borrower to the Government Departments concerned and also to obtain

    payment thereof. This document is to be stamped as a Power of Attorney.

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    22. Letter of Waiver (A-47)

    This document is obtained from the borrower whenever the advances are granted againstDP Notes. As per section 64 of Negotiable Instruments Act, 1881, the Promissory Note

    must be presented for payment to the maker. In Banks case, the maker is always the

    borrower. If it is not presented to the borrower he cant be held liable for the amount.

    As it is very difficult for the Bank to present the DP Notes to the borrower for payment

    of their dues, the Bank takes such a letter from the borrower. By this letter the borrower

    waives the condition of presentation of the DP Note to him and he undertakes to make

    payment of the amount due under the DP Note without the same being presented to

    him.

    23. Agreement for Education Loan (A-49)

    This document is taken while granting loan under Banks Education Loan Scheme. Both

    the borrower and guarantor sign this document. This is to be stamped as an agreement-

    cum-guarantee.

    24. Agreement-cum-Declaration for loan against LIC Policy (A-58)

    This document is taken while granting loan against the security of LIC Policy. Strictly

    speaking this document need not be stamped but it is preferable to get it stamped as

    an agreement. No charge on security is created by this document. For that the Policy

    is to be assigned by the borrower in favour of the Bank.

    25. Counter Guarantee (A-88B)

    This document is obtained from the borrower whenever Bank executes a guarantee to

    the third party at the request and for the sole benefit of the borrower. When the Bank

    executes guarantee to the third party it undertakes full obligation under the guarantee.

    In case of borrowers default in fulfilling his obligation to the third party, guarantee may

    be invoked against the Bank. This document is a counter-guarantee given by the

    borrower to the Bank. On the strength of this document, the Bank can recover from

    the borrower all losses, damages, costs, charges and expenses incurred/ sustained by

    the Bank in connection with the fulfilment of the terms of the guarantee executed by

    it. Although this document is known as a counter-guarantee, yet it is more in the nature

    of a counter-indemnity. Hence, it is better to get it stamped as an indemnity.

    26. Format of Permanent/Omnibus Counter Guarantee

    By this document, the Borrower counter guarantees the entire guarantee limit sanctioned

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    by the Bank and there is no necessity of obtaining Counter Guarantee (A-88B) on each

    and every occasion when Bank issues guarantees on behalf of the Borrower.

    27. Deed of Simple Mortgage (A-103/A-103A)

    A-103 is taken when the Bank decides to obtain collateral security of simple mortgage

    of land and building while granting agricultural advances.

    A-103A is also taken as above, but it is taken only while granting Cash Credit facility

    to farmers for cultivation of crops.

    These documents have got to be witnessed by at least two witnesses before registration.

    These documents have got to be registered with the Registrar of Assurance of the area

    where the property is situated. These documents attract advalorem stamp duty

    depending on the amount secured.

    28. Agreement of Hypothecation of Pump Set (A-104)

    This document is obtained from the borrower while granting loan for the purchase of a

    Pump Set. The pump set stands hypothecated to the Bank on the strength of this

    document. This is to be stamped as an agreement.

    29. Hypothecation of Standing Crops (A-105)

    This document is taken from the borrower at the time of agricultural advances (e.g.

    Crop Loan, Pump Set Loan, Tractor Loan, Dug-well Loan, Land Development Loan,Other Agricultural Implements Loan etc.) when it is decided to create hypothecation

    charge on standing crops as an additional security. This document is to be stamped

    as an agreement.

    30. Agreement of Hypothecation of Tractor (A-108)

    This document is obtained from the borrower while granting loan for the purchase of a

    Tractor. The Tractor stands hypothecated to the bank on the strength of this document.

    This is to be stamped as an agreement.

    31. Agreement relating to Term Loan (A-109)

    The document is taken from the borrower while granting Term Loans. A copy of the

    Borrowers Proposal should be enclosed to this document. It should be stamped as an

    agreement.

    32. Acknowledgment of Debt & Security (A-12A and S-14)

    This document is obtained every halfyear showing the balance and details of securities

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    as of 30th June/31stDecember. This is a document of Balance-cum-Security Confirmation.

    It also serves as an acknowledgement of debt. This document is got to be signed by

    both the borrower and the guarantor. If it is signed by the guarantor, it will be deemed

    as an acknowledgment of liability by the guarantor under Section 18 of the Indian

    Limitation Act, 1963 and a fresh period of limitation against him commences from the

    date he acknowledged. Where, before the expiration of the prescribed period of limitation,

    an acknowledgement of liability in respect of the debt has been made in writing signed

    by the party from whom the debt is due, a fresh period of limitation starts from the

    time when the acknowledgement is so signed. This document should be stamped as

    an acknowledgement, using a Revenue Stamp.

    33. Application for Letter of Credit (FR-2)

    This document is obtained from the borrower while opening Letter of Credit on his

    behalf. It should be stamped as an agreement. This document is taken for foreign as

    well as inland Letter of Credit. More than one Letter of Credit cannot be opened on

    the strength of one FR-2 form.

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    CHAPTER 2

    ADVANCE AGAINST GOODS AND WAREHOUSE RECEIPTS

    General :

    Advances against goods may be made by way of Pledge or Hypothecation.

    When Charge is by way of Pledge, Letter of Pledge (Form A8) should be obtained.

    When Charge is by way of Hypothecation, Letter of Hypothecation (Form A9) should be

    obtained. Form of agreement Form A9D should be obtained for extension of charge of

    hypothecation over current assets of the borrowing company for non-fund based facilities.

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    CHAPTER 3

    ADVANCE AGAINST IMMOVABLE PROPERTIES

    General

    Annexure I : Draft of Letter of Undertaking to be obtained from the applicant for ad-

    vances against Immovable property.

    Annexure II : Draft of Letter authorising a person to deposit Title Deeds of Property for

    creating Equitable Mortgage.

    Annexure III : Draft of entry to be made in Equitable Mortgage Register in respect ofproperty standing in the name of one or more individuals.

    Annexure IV : Draft of entry to be made in Equitable Mortgage Register in respect of

    property standing in the name of partnership firm.

    Annexure V : Draft of Entry to be made in Equitable mortgage Register in respect of

    property standing in the name of Limited companies.

    Annexure VI : Draft of Letter of Deposit of Title Deeds to be obtained from the

    mortgagor(s).

    Annexure VII : Draft of Letter to be obtained from mortgagor(s) for covering increase in limits.

    Annexure VIII : Draft of entry to be made in Equitable Mortgage Register owing to increase

    in limits.

    Annexure IX : Draft of letter to be obtained from mortgagor(s) for deposit of additional Title

    Deeds with or without increase in limits.

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    ANNEXURE-I

    DRAFT OF LETTER OF UNDERTAKING TO BE OBTAINED FROM THE APPLICANT

    FOR ADVANCE AGAINST IMMOVABLE PROPERTY

    Date ..........................

    The Manager,

    UCO Bank

    ............................................

    Dear Sir,

    Re : Request for a loan/cash credit facilityagainst security of immovable property

    I/We have requested you to grant me/us a cash credit/loan facility inter alia, against the

    security of my/our immovable properties situated at ........................................

    In the event of your agreeing to sanction the credit facility, I/We would be prepared, if

    so demanded by you, to execute and register in your favour a deed of mortgage in such

    form and with such powers of sale etc. as you may require and I/we shall pay and bear all

    expenses relating to preparation, execution, stamping and registration of the deed of mortgage

    and all other documents required by you so as to complete the security in your favour asaforesaid including all out-of-pocket expesnes, valuers/surveyors fees etc.

    I/We have handed over to you the undermentioned title deeds relating to my/our above

    property offered to you as security for the above credit facility for getting the same examined

    by your lawyer in order to verify that my/our title to the said property is clear and marketable

    and that the same is free from all encumbrances whatsoever and is not subject to any

    litigation or attachment.

    I agree and undertake to pay to you on demand all your costs, charges and expenses

    including your lawyers fees in connection with the examination and verification of my/our title

    to the property as aforesaid irrespective of whether the credit facility is sanctioned to me/us

    or not. In case the credit facility requested for is not sanctioned to me/us for any reason

    whatsoever, the title deeds will be returned to me/us only against my/our payment to you all

    your costs, charges and expenses as aforesaid.

    Yours faithfully

    Details of Title Deeds :

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    ANNEXURE-II

    DRAFT OF LETTER AUTHORISING A PERSON TO DEPOSIT TITLE

    DEEDS OF PROPERTY FOR CREATING EQUITABLE MORTGAGE

    Date ...........................

    The Manager,

    UCO Bank,

    .................................................

    Dear Sir,

    I/We have to advise that I/we have authorised Shri ...............................................................to deposit the title deeds mentioned below relating to my/our property being premises

    no. ...................................................................../ holding no. ................................... situated

    at .................................................................... on my/our behalf with you with an intent to create

    an equitable mortgage thereon in you favour over the said property as security for due

    repayment of advances made in and/or to be made by you to me/us/Shri/

    M/s. .................................................................................. in loan/cash credit/overdraft or any other

    account upto the limit of Rs. ................................ with all interest, commission, discount, cost,

    charges and expenses thereon as agreed upon.

    Yours faithfully

    (Signature(s) of the person(s)

    in whose name property stands)

    Details of the Title Deeds :

    Note : (i) Letter of Authority should be signed by all the joint owners.

    (ii) In case property stands in the name of partnership firm, all the partners should

    sign the Letter of Authority.

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    ANNEXURE-III

    DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTERIN RESPECT OF PROPERTY STANDING IN THE NAME OF ONE

    OR MORE INDIVIDUALS

    Shri ................................................................................................... called at this branch

    on .............................................................. and deposited the title deeds mentioned in the

    opposite page hereto. While depositing the same Shri ..............................................................

    stated that the title deeds are being deposited with the bank with an intent to create an

    equitable mortgage in favour of the bank over the properties comprised in the said title deedsconsisting of land, buildings, other structures and also on fixed plant and machinery, fixtures

    and fittings now erected or installed or hereafter to be erected or installed or brought thereon

    as continuing security for due repayment to the bank of all advances made and/or to be

    made to ................................... by the bank by way of loan/cash credit/overdraft etc. or

    otherwise or for all other indebtedness and liabilities whatsoever and all costs and charges

    remaining outstanding at any time and for any balance which may be due to the bank by

    .......................................................................................... either as principal debtor or as a surety

    now or hereafter remaining unpaid in his/their loan/cash credit/current/overdraft account or

    any other account(s) upto the limit of Rs. ......................... with all interest, commission,discount, cost, charges and expenses thereon as agreed upon.

    Asstt. Manager Manager

    Witness :

    Date .................................

    Note : (i) Please furnish complete details of the title deeds on the opposite page.

    (ii) If plant & machinery is not mortgaged, this may be deleted.

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    ANNEXURE-IV

    DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER

    IN RESPECT OF PROPERTY STANDING IN THE NAME OF

    PARTNERSHIP FIRM

    Shri ............................................................................................................ one of the partners of

    M/s. .......................................................................................... (hereinafter referred to as the firm)

    called at this branch on ...................................................... and deposited the title deeds

    mentioned in the opposite page hereto. While depositing the same

    Mr. ........................................................................ stated that the title deeds are being depositedon behalf of the firm and all its partners with the bank with an intent to create an equitable

    mortgage in favour of the bank over the properties comprised in the said title deeds consisting

    of land, buildings, other structures and also on fixed plant and machnery, fixtures and fittings

    now erected or installed or hereafter to be erected or installed or brought thereon as

    continuing security for due repayment to the bank by way of loan/cash credit/overdraft etc.

    or otherwise or for all other indebtedness and liabilities whatsoever and all costs and charges

    remaining outstanding at any time and for any balance which may be due to the bank

    by...................................................... either as principal debtor or as a surety now or hereafter

    remaining unpaid in their loan/cash credit/current/overdraft account or any other account(s)upto the limit of Rs. .................................... with all interest, commission, discount, cost, charges

    and expenses thereon as agreed upon.

    Asstt. Manager Manager

    Witness :

    Date ....................................

    Note : (i) Please furnish complete details of the title deeds on the opposite page.

    (ii) If plant & machinery is not mortgaged, this may be deleted.

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    ANNEXURE-V

    DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER

    IN RESPECT OF PROPERTY STANDING IN THE NAME OF

    LIMITED COMPANIES

    Shri ........................................................................ and Shri ...................................................... one/

    two of the Directors/the Secretary of the ........................................................................ Co. Ltd.

    (hereinafter referred to as the Company) pursuant to the resolution passed by the Board

    of Directors of the Company on .................................................................................................

    called at this branch on ............................................................................................................ and

    deposited the title deeds mentioned in the opposite page hereto. While depositing the same

    Mr. .............................................................. and Mr. ..................................................................

    stated that the title deeds are being deposited on behalf of the Company with the bank with

    an intent to create an equitable mortgage in favour of the bank over the properties comprised

    in the said title deeds consisting of land, buildings, other structures and also on fixed plant

    and machinery, fixtures and fittings now erected or installed or hereafter to be erected or

    installed or brought thereon as continuing security for due repayment to the bank of all

    advances made and/or to be made to ...................................................... by the bank by way

    of loan/cash credit/overdraft etc. or otherwise or for all other indebtedness and liabilities

    whatsoever and all costs and charges remaining outstanding at any time and for any balance

    which may be due to the bank by ........................................................................ either as

    principal debtor or as a surety now or hereafter remaining unpaid in their loan/cash credit/

    current/overdtaft account or any other account(s) upto the limit of .................................................

    with all interest, commission, discount, cost, charges and expenses thereon as agreed upon.

    Asstt. Manager Manager

    Witness :

    Date ....................................

    Note : (i) Please furnish complete details of the title deeds on the opposite page.

    (ii) If plant & machinery is not mortgaged, this may be deleted.

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    ANNEXURE-VI

    DRAFT OF LETTER OR DEPOSIT OF TITLE DEEDS TO BE OBTAINED

    FROM THE MORTGAGOR(S)

    Date ...........................

    The Manager,

    UCO Bank,

    ......................................................

    Dear Sir,

    This is to confirm that I/we deposited with you on ....................................................................

    the title deeds mentioned below relating to my/our property being premises

    no. ....................................................../holding no. ...................................................... situated

    at ...................................................... with an intent to create an equitable mortgage over the

    said property in your favour as security for the due repayment of all advances to the extent

    of Rs. ........................................................ made and/or to be made by you to me/us/Shri/

    M/s. .......................................................................................... in the cash credit/overdraft/loan

    account or any other account and for all my/our/their indebtedness and liabilities whatsoever

    to you together with interest, costs, charges and expenses thereon.

    I/We hereby agree to execute at my/our own costs in favour of the bank whenever

    requested by the bank to do so, a registered mortgage over the said property in such form

    and with such powers of sale etc., as the bank may require for securing the above accounts.

    Yours faithfully,

    Details of the title deeds :

    Note : (i) In case of joint owners, it should be signed by all of them.

    (ii) In case of Partnership Firm/Hindu Undivided Family it should be signed by all

    the Partners/Karta and Co-parceners.

    (iii) In case of Limited Company, it should be signed by Direcotr(s) as authorised in

    the relative resolution.

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    ANNEXURE-VII

    DRAFT OF LETTER TO BE OBTAINED FROM MORTGAGOR(S)FOR COVERING INCREASE IN LIMITS

    Date .............................

    The Manager,

    UCO Bank,

    ......................................................

    Dear Sir,

    Re : Cash Credit/Loan Account

    I/We have deposited with you on ...................................................... the title deeds relating

    to my/our property situated at ........................................................................ as security for the

    cash credit/loan facility to the extent of Rs. .................................... granted by you in favour

    of ........................................................................ I/We thank you for sanctioning an increade

    of Rs. .................................... in the said cash credit/loan facility favouring

    ...................................................... As already agreed with you, the title deeds so deposited

    by me/us with you shall continue to be held by you also as security for the said increasedlimit.

    Yours faithfully,

    Note : (i) In case of joint owners, it should be signed by all of them.

    (ii) In case of Partnership Firm/Hindu Undivided Family, it should be signed by all

    the Partners/Karta and Co-parceners.

    (iii) In case of Limited Company, it should be signed by Director(s) as authorised in

    the relative resolution.

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    ANNEXURE-VIII

    DRAFT OF ENTRY TO BE MADE IN EQUITABLE MORTGAGE REGISTER

    OWING TO INCREASE IN LIMITS

    Shri .......................................................................................... called at this branch this day

    .......................................................................................... and stated that the title deeds deposited

    by him with the bank on ...................................................... as security for the cash credit/

    loan facility to the extent of Rs. ................................ .... granted by the bank to

    ........................................................ shall continue to be held by the bank as security for the

    increase cash credit/loan limit of Rs. ......................... favouring ......................................................

    Asstt. Manager Manager

    Witness :

    Date ....................................

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    ANNEXURE-IX

    DRAFT OF LETTER TO BE OTBAINED FROM MORTGAGOR(S) FOR DEPOSIT

    OF ADDITIONAL TITLE DEEDS WITH OR WITHOUT INCREASE IN LIMITS

    Date ....................................

    The Manager,

    UCO Bank

    ......................................................

    Dear Sir,

    I/We/M/s. .......................................................................................... have been enjoying cash

    credit/overdraft/loan facility from you to the extent of Rs. .................................... against security

    of hypothecation/pledge of ...................................................... and collateral security of my/our

    immovable property being premises no. ......................................................................../holding

    no. .................................... situated at ........................................................................

    As you called upon us to furnish additional security for the above credit facility, I/we

    deposited with you on ...................................................... the title deeds relating to my/our

    immovable property being premises no. ............................... ....................... /holding

    no. ...................................................... situated at ...................................................... with an intent

    to create an equitable mortgage in your favour as security for due repayment of all advances

    made and/or to be made by you to me/us/M/s. ...................................................... and for all

    my/our/their indebtedness and liabilities whatsoever to you with interest, costs, charges and

    expenses thereon.

    At my/our request you have agreed to increase the abvoe limit in my/our/their cash

    credit/overdtaft/loan account with you to Rs. .................................... In consideration of your

    doing so I/we deposited with you the title deeds relating to my/our immovable property beingpremises no. ...................................................... holding no. ......................................................

    situated at ...................................................... with an intent to create an equitable mortgage

    in your favour as securty for due repayment of all advances made and/or to be made by

    you to me/us/M/s. ...................................................... upto the said increased limit and for all

    my/our/their indebtedness and liabilities whatsoever to you along with interest, costs, charges

    and expenses thereon.

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    UCO BANK DOCUMENTATION MANUALCHAPTER-3

    I/We certify that I/we have no further or other title deeds relating to the said property.The property is absolutely owned by me/us and is free from all encumbrances whatsoever

    and is not subject to any attachment or litigation.

    I/We hereby agree to execute at my/our own costs in favour of the bank whenever

    requested by the bank to do so, a registered mortgage over the said property in such form

    and with such powers of sale etc., as the bank may require for securing the above advances.

    Yours faithfully

    Details of the title deeds :

    Strike out whichever is inapplicable.

    ANNEXURE-IX (Contd.)

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    CHAPTER-4

    Advances against Fixed Deposit Receipts, Kuber Yojana Receipts, Money Multiplier

    (UCO Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates,

    Flexible Fixed Deposit, Recurring Deposit (RD)/Money Back Recurring Deposits

    (MBRD), Life Insurance Policies, Units Issued by Unit Trust of India, Shares

    Advances against Fixed Deposit Receipts, Kuber Yojana Receipts, Money Multiplier (UCO

    Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates.

    For advances against Fixed Dposit Receipts, Kuber Yojana Receipts, Money Multiplier (UCO

    Double/UCO Treble) Receipts, Lakhpati Deposit Receipts, Deposit Certificates, documents like

    A-1/A-2, A-47, A-3 (only for running facilities i.e., cash credit/overdraft), letter of lien (A-38

    revised) duly signed by depositors should be obtained.

    Loan/Advances against Flexible-Fixed Deposit

    For Loan/Advances against Flexible-Fixed Deposit, separate money receipt on appropriate

    revenue stamp along with Pass Book is to be obtained along with loan documents A-1/A-2,

    A-47, A-38 (Revised), A-3 (for overdraft facility) at the time of granting loan/overdraft.

    Advances against Recurring Deposit (RD)/Money Back Recurring Deposits (MBRD)

    Documents like A-1/A-2, A-47, D-48 should be obtained for granting advances againstRecurring Deposit (RD)/Money Back Recurring Deposits (MBRD).

    Advances against Life Insurance Policies

    Documents like A-1/A-2, A-47, A-3 (for overdraft accounts), Letter of Declaration-cum-

    Agreement (Form A-58) should be obtained for advances against Life Insurance Policies.

    Advances against Units Issued by Unit Trust of India

    Documents required to be obtained for advances against Units Issued by Unit Trust of India

    are Letter of Lien (A-4), Letter of Authority.

    Advances against Shares

    In case of advances against shares, besides other usual advance documents, Letter of Lien

    (A-4), Declaration-cum-Agreement (S-16), Dividend mandate (A-72), A-71 are required to be

    obtained. Lodgement of shares are required to be made by borrower by using Form A-17.

    For extension of time for the validity of transfer deed applications shall have to be made in

    Form 7C. For the Purpose of maintaing a proper record of the dividend warrants, branches

    should maintain Dividend Register (A-41) and Book Closing Register (Mis-32).

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    CHAPTER-5

    REGISTRATION OF CHARGES WITH THE REGISTRAR OF COMPANIES

    MCA 21-e-GOVERNANCE PROGRAMME

    General

    The Ministry of Company Affairs has taken an e-Governance initiative called MCA 21. With

    effect from September 16, 2006, creation of charge, modification of charge and satisfaction

    of charge require to be filed electronically (e-filing) under MCA-21 system only.

    Under MCA-21 system for creation or modification of charge, Bank is reqired to fill FormNo. 8.

    Once dues from a corporate borrower are fully satisfied, satisfaction of charge has to be

    filed in e-Form 17.

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    FORM 8[Pursuant to sections 125, 127, 132 and 135and Pursuant to section 600 read with 125,127, 132 and 135 of the Companies Act,1956]

    Particulars for creation or modification of charges (other thanthose related to debentures) including partculars of modification

    of charge by asset reconstruction companies in terms of

    Securitisation Act and Securitisation and Reconstruction of

    Financial Assets and Enforcement of Securities Interest (SARFAESI)

    Act, 2002

    Note All fields marked in are to be mandatorily filled.

    1. (a) This form is for m Creation of charge m Modification of charge

    (b) Whether charge is modified in favour of asset reconstruction company (ARC) or assignee m Yes m No

    (c) Whether charge holder is authorised to assign the charge as per the charge agreement m Yes m No

    (d) Charge identification (ID) number of the charge to be modified

    2. (a) Corporate identity number (CIN) or foreign company Pre-fill

    registration number of the company

    (b) Global location number (GLN) of company

    3. (a) Name of the company

    (b) Address of the

    registered office or

    of the principal place

    of business in India

    of the company

    4. (a) Type of charge

    A charge on :

    p Uncalled share capital p Calls made but not paid

    p Immovable property p Ship

    p Any interest in immovable property p Goodwill

    p Book debts p Patent, license under a patent

    p Movable property (not being pledge) p Trademark

    p Floating chage p copyright or license under a copyright

    p Others

    (b) If others, specify

    5. (a) Whether consortium finance is involved m Yes m No

    (b) Whether joint charge involved m Yes m No

    ANNEXURE-I

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    6. Number of charge holder(s)

    7. Particulars of the charge holder(s)

    CIN Pre-fill

    Name

    Address Line I

    Line II

    City

    State

    ISO country code

    Pin code

    e-mail ID

    8. Nature or description of the instrument(s) creating or modifying the charge (copy to be attached)

    9. Date of the instrument creating or modifying the charge (DD/MM/YYYY)

    10. (a) Whether charge created or modified outside India Yes No

    (b) In case of charge created or modified outside India on the property situated outside India, the date of receipt of

    document in India.

    (DD/MM/YYYY)

    11. Amount secured by the charge

    (In case the amount is in foreign currency, rupee equivalent to be stated) (in Rs.)

    12. Brief particulars of the principal terms and conditions and extent and operation of the charge

    (a) Rate of interest

    FORM 8 (Contd.)

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    (b) Terms of repayment

    (c) Margin

    (d) Extent and operation of the charge

    (e) Others

    13. In case of acquisition of property, subjected to charge, furnish the details relating to the existing charge on the property

    so acquired

    (a) Date of instrument creating or evidencing the charge (DD/MM/YYYY)

    FORM 8 (Contd.)

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    (b) Description of the instrument creating or evidencing the charge

    (c) Date of acquisition of property (DD/MM/YYYY)

    (d) Amount of the charge (in Rs.)

    (e) Particulars of the property charged

    14.

    Short particulars of the property charged (including location of the property)

    15. (a) Whether any of the property or interest therein under reference is not registered in the name of the company

    m Yes m No

    (b) If yes, in whose name it is registered

    Note : If more than one charge holder involved, details of extent of charge, particulars of property charged, amount

    secured to be provided in attachment.

    FORM 8 (Contd.)

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    16. Date of latest modification prior to the present modification (DD/MM/YYYY)

    17. Particulars of the present modification

    Attachments List of attachments

    1. Instrument of creation or modification of charge Attach

    2. Instrument evidencing creation or modification Attach

    of charge in case of acquisition of property

    which is already subject to charge

    3. Particulars of all joint charge holder Attach

    4. Optional attachment(s) if any Attach Remove attachment

    Verification

    To the best of my knowledge and belief the information given in this form and its attachments is correct and

    complete. I have been authorised by the board of directors resolution dated (DD/MM/YYYY)

    to sign and submit this form.

    To be digitally signed by

    Managing director or director or manager or secretary (in case of an Indian company)

    or an authorised representative (In case of a foreign company)

    Designation

    Director identification number of the director or membership number of the secretary

    Verification

    To the best of my/our knowledge and belief, the information given in this form and its attachments is correct and complete.

    I/we am/are duly authorised to sign this form.

    To be digitally signed by

    Designation

    Charge holder

    To be digitally signed by

    Designation

    ARC or assignee

    Modify Check Form Prescrutiny Submit

    For office use only :

    It is certified that the above document for charge creation or modification (other than those related to debentures) is

    hereby registered

    Digital signature of the authorising officer Submit to BO

    FORM 8 (Contd.)

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    ANNEXURE-2

    FORM 17[Pursuant to section 138 andpursuant to section 600 of theCompanies Act, 1956]

    Particulars for satisfaction of charges

    Note All fields marked in are to be mandatorily filled.

    1. (a) Corporate identity number (CIN) or foreign companyregistration number of the company Pre-fill

    (b) Global location number (GLN) of company

    2. (a) Name of the company

    (b) Address of theregistered office or ofthe principal place ofbusiness in Indiaof the company

    3. Charge creation identification (ID) number Pre-fill

    (a) Particulars of the charge holder

    CIN

    Name

    Address

    (b) Particulars of creation of original charge and subsequent modifications.

    (i) Charge creation date (DD/MM/YYYY)

    (ii) Charge last modified date (DD/MM/YYYY)

    (iii) Final amount secured (in Rs.)

    4. Date of satisfaction of charge in full (DD/MM/YYYY)

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    Attachments

    1. Letter of the charge holder that the amount has been satisfied Attach

    2. Optional attachment(s) if any Attach List of attachments

    Remove attachment

    Declaration

    To the best of our knowledge and belief, the information given in this form and its attachments is correct andcomplete. I have been authorised by the board of directors resolution dated (DD/MM/YYYY)to sign and submit this form

    To be digitally signed by

    Managing director or director or manager or secretary (in case of an Indian company)or an authorised representative (In case of a foriegn company)

    Declaration

    I am duly authorised to sign this form.

    To be digitally signed by

    Charge holder (financial institution or bank or debenture holder etc.)

    Certificate

    It is hereby certified that I have verified the above particulars from the books of account and records of

    M/s.

    and found them to be true and correct.

    Chartered Accountant or cost accountant or company secretary (in whole-time practice)

    Modify Check Form Prescrutiny Submit

    For office use only :

    It is certified that the above document for charge satisfaction is hereby registered

    Degital signature of the authorising officer Submit to BO

    FORM 17 (Contd.)

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    CHAPTER-6

    UCO RENT SCHEME FOR FINANCING RENTAL RECEIVABLES

    General

    Under UCO Rent Scheme, the following documents are required to be obtained :

    a) Agreement for assignment of rent receivables (as per format enclosed)

    b) Term Loan Agreement (A-109)

    c) Letter of Guarantee (A-107/A-21/A-21A)

    d) Creation of Equitable Mortgage

    e) Registration of charges on fixed assets with Registrar of Companies (wherever required)

    f) Original Lease Agreement with legal opinion.

    g) Valuation Certificate/s of properties from approved valuer.

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    AGREEMENT FOR ASSIGNMENT OF RENT

    THIS AGREEMENT\ FOR ASSIGNMENT OF RENT is made this .....................................

    .................. day of ................... Two thousand BETWEEN ................ a company incorporated

    under the CompaniesAct, 1956 and having its Registered Office at ...........................................

    ................................... / ............. son of ....................., residing at .............................................

    ......................................................... son of ................................................................... residing

    at .................................................................. and............................................................................

    son of ............................................................ residing at ...........................................................

    ................................................. carrying on business in co-partnership under the name and style

    of ..................................................., hereinafter called the Borrower (which expression shallunless excluded by or repugnant to the context be deemed to mean and include its/ his/her/

    their respective heirs, executors, administrators, legal representatives, successors or successors

    in office and assigns) of the First Part, UCO BANK, a body corporate constituted under the

    banking Companies (Acquisition & Transfer to Undertaking) Act, 1970 as amended by Section

    10 Sub-Section (i) of the Banking (Amendment) Act, 1985 and having its Head Office at No.

    10, Biplabi Trailokya Maharaj Sarani, Kolkata-700 001 and a Branch/Regional Office amongst

    other places at ......................................................... hereinafter called the Bank (which

    expression shall, unless it be repugnant to the subject or context thereof, include its successors

    and assigns) of the Second Part AND..................................................................... , a Companyincorporated under the Companies Act, 1956 and having its Registered Office at

    ......................................................................... /................................................................ son of

    ............................................................ residing at ............................................................ /

    ............................................................................ son of ..................................................................

    residing at ................................................................. and ..............................................................

    ........................................................... son of ..................................................................................

    ................................................ residing at ............................................................... carrying on

    business in co-partnership under the name and style of .........................................................,

    hereinafter called the Tenant (which expression shall unless excluded by or repugnant to thecontext be deemed to mean and include its/his/her/their respective heirs, executors,

    administrators, legal representatives, successors or successors in office and assigns) of the

    Third Part.

    WHEREAS

    1. The Borrower is the owner / lessor of house/flat No. ............................. situated at

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    Premises No. ............................................................................ (here set out detailed description

    of the property) and is fully authorised and empowered to let out/grant lease of the said

    house/flat on such terms and conditions as the Borrower shall think fit and proper.

    2. The Borrower has let out/granted lease of the above house/flat to ............................

    ..................................., Tenant herein, by way of monthly tenancy/lease upon the terms and

    conditions therein contained, a copy of which Tenancy/Lease Agreement is annexed hereto and

    marked with letter A.

    3. The Borrower has approached the bank to grant to it .......................................... facilities

    to enable the Borrower to ..........................................

    4. At the request of the Borrower, the Bank has sanctioned to the Borrower loan of

    Rs. ................................................ , inter alia, against the securities of assignment of rent

    receivables by the Borrower from its Tenant in favour of the Bank.

    5. To give effect to the aforesaid arrangement, the parties hereto have agreed to execute

    an agreement (being these presents) upon the terms and conditions hereinafter appearing.

    NOW THIS AGREEMENT WITNESSETH as follows :-

    1. The Bank has granted and/or agreed to grant and the Borrower has taken and/or agreed

    to take facilities/ .............................. loan of Rs. ................................................ from the Bank

    subject to payment of interest at the rate hereinafter mentioned and upon the terms and

    conditions hereinafter contained.

    2. The Borrower hereby agrees and covenants with the Bank to repay to the Bank loan

    amount of Rs. ....................................... by................................. monthly instalments of Rs.

    ............................................. each commencing from ............................................................... and

    ending on .......................................... and such payment shall be made by assignment of rent

    receivable by the Borrower from the Tenant.

    3. The Borrower hereby agrees and promises with the Bank to pay to the Bank interest @

    ............... % per annum on the amount of loan outstanding for the time being on monthly/

    quarterly/half-yearly rents and charged in accordance with the practice of the Bank.

    4. In fulfilment of t