With reference to the provisions of the Companies Act, 2013 and the rules framed there under, state the disqualifications for a Debenture Trustee. Explain whether the following persons can be appointed as Debenture Trust
CS Executive · Company Law · PYQS · June 2019
With reference to the provisions of the Companies Act, 2013 and the rules framed there under, state the disqualifications for a Debenture Trustee. Explain whether the following persons can be appointed as Debenture Trustee? (i) A relative of whole-time director of the company. (ii) A shareholder who has no beneficial interest.
Answer & Explanation:
Section 71 of the Companies Act 2013 , read along with rule 18(2) of the Companies (Share capital and Debentures) Rules, 2014 , provides that a person shall not be appointed as a debenture trustee, if he beneficially holds shares in the company; is a promoter, director or key managerial personnel or any other officer or an employee of the company or its holding, subsidiary or associate company; is beneficially entitled to moneys which are to be paid by the company otherwise than as remuneration payable to the debenture trustee; is indebted to the company, or its subsidiary or its holding or associate company or a subsidiary of such holding company; has furnished any guarantee in respect of the principal debts secured by the debentures or interest thereon; has any pecuniary relationship with the company amounting to two per cent or more of its gross turnover or total income or fifty lakh rupees or such higher amount as may be prescribed, whichever is lower, during the two immediately preceding financial years or during the current financial year; is relative of any promoter or any person who is in the employment of the company as a director or key managerial personnel. Accordingly, the explanations to the questions would be as under: A relative of whole-time director of the company (KMP) cannot be appointed as debenture trustee. A shareholder who has no beneficial interest can be appointed as debenture trustee.
Topics: Debentures
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