"Debenture Trustee should exercise due diligence to ensure compliances with the provisions of the Companies Act, listing agreement of stock exchange and the trust deed." In the light of the above statement, enumerate the
CS Executive · Securities Laws and Capital Markets · PYQS · December 2020
"Debenture Trustee should exercise due diligence to ensure compliances with the provisions of the Companies Act, listing agreement of stock exchange and the trust deed." In the light of the above statement, enumerate the various responsibilities of Debenture trustee as per SEBI (Debenture Trustees) Regulations, 1993.
Answer & Explanation:
'Debenture Trustee' means a trustee of a trust deed for securing any issue of debentures of a body corporate. The various responsibilities of Debenture trustee as per SEBI (Debenture Trustees) Regulations, 1993 are as follow: Call for periodical reports from the body corporate, i.e., issuer of debentures. Take possession of trust property in accordance with the provisions of the trust deed. Enforce security in the interest of the debenture holders. Ensure on a continuous basis that the property charged to the debenture is available and adequate at all times to discharge the interest and principal amount payable in respect of the debentures and that such property is free from any other encumbrances except those which are specifically agreed with the debenture trustee. Exercise due diligence to ensure compliance by the body corporate with the provisions of the Companies Act, the listing agreement of the stock exchange or the trust deed. To take appropriate measures for protecting the interest of the debenture holders as soon as any breach of the trust deed or law comes to his notice. To ascertain that the debentures have been converted or redeemed in accordance with the provisions and conditions under which they are offered to the debenture holders. Inform the SEBI immediately of any breach of trust deed or provision of any law. Appoint a nominee director on the board of the body corporate when required.
Topics: Debt Instruments
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