ABC Securitization Ltd. (ABC) is a company engaged in the securitization of debt. To achieve this, it has set up a Special Purpose Distinct Entity (SPDE) named XYZ Trust. The trustees of XYZ Trust are Mr. X and Ms. Y. Th

CS Professional · Strategic Management and Corporate Finance · PYQS · December 2024
ABC Securitization Ltd. (ABC) is a company engaged in the securitization of debt. To achieve this, it has set up a Special Purpose Distinct Entity (SPDE) named XYZ Trust. The trustees of XYZ Trust are Mr. X and Ms. Y. They are exploring the possibility of appointing one more trustee who can act without obtaining registration from SEBI. ABC plans to issue securitized debt instruments backed by a pool of auto loans and seeks to list these instruments on a recognized stock exchange. As the Company Secretary, you are required to answer the following questions in compliance with all the provisions of the SEBI (Issue and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008. Who may act as the trustee of Special Purpose Distinct Entity (SPDE) without obtaining registration with the SEBI ?

Answer & Explanation:

The requirement of obtaining registration is not applicable for the following persons, who may act as trustees of Special Purpose Distinct Entities (SPDE) under SEBI (Issue and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008. a. any person registered as a debenture trustee with SEBI, b. any person registered as a securitization company or a reconstruction company with the RBI under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; c. the National Housing Bank established by the National Housing Bank Act, 1987; d. the National Bank for Agriculture and Rural Development established by the National Bank for Agriculture and Rural Development Act, 1981; e. any scheduled commercial bank other than a regional rural bank; f. any public financial Institution as defined under clause (72) of section 2 of the Companies Act, 2013; and g. any other person as may be specified by SEBI. However, these persons and special purpose distinct entities of which they are trustees are required to comply with all the other provisions of the SEBI (Public Offer and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008.

Topics: Corporate Finance

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