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Question
Who are debentures trustee?
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Solution
(1) Debentures Trustee is a person or institution which protects the interest of the debenture holders. The Trustees become the custodian of the assets on which charge has been created.
(2) A company which issues prospectus or invites more than 500 persons to buy its debentures has to appoint one or more Debentures Trustee. Companies issuing secured debentures also must appoint Debentures Trustee.
(3) Debentures Trustee is appointed before prospectus or letter of offer/offer letter is issued or within 60 days after the allotment of the debenture. The Trustees must give written consent to act as Debenture Trustees.
(4) According to SEBI Rules, 1993 "debentures trustee" means a trustee of a trust deed for securing any issue of debentures of a body corporate (section 2 (bb)). (Applicable to public companies only).
(5) The trustee can appoint a nominee to the board of directors of the company. Before the trustee appoints the nominee, the following conditions must be satisfied:
• Two consecutive defaults made by the company in payment of interest to the debenture holders; or
• Default in the creation of security for debentures or default in the redemption of debentures.
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RELATED QUESTIONS
The contract between company and Debenture trustees of companies is called as _____________.
Write a word or a term or a phrase which can substitute the following
statement.
The document which contains terms and conditions agreed upon by the company and the Debenture trustees.
Write a word or a term or a phrase which can substitute the following
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Institution which redresses grievances of debenture holders.
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Secured debentures must be redeemed within 15 years from the date of its issue.
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A company issuing irredeemable debentures must create a charge on the assets of the company.
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Debenture certificates are issued within 3 months of allotment of debentures.
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Debenture Certificate
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Debenture Trustee.
Explain the following term/concept.
Charge on assets.
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Debenture Trust Deed.
Answer in brief.
What is debenture trust deed?
Justify the following statement:
A company has to create charge on its assets for issuing secured debentures.
Justify the following statement:
Debenture trustees are appointed by a company issuing debentures.
Give one word or phrase for the following sentence:
The company enters into a contract with one or more debenture trustees.
