Who may act as the trustee of Special Purpose Distinct Entity (SPDE) without obtaining registration with the SEBI under the SEBI (Issue and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008

CS Professional · Corporate Funding & Listings in Stock Exchanges · PYQS · December 2022
Who may act as the trustee of Special Purpose Distinct Entity (SPDE) without obtaining registration with the SEBI under the SEBI (Issue and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008 ?

Answer & Explanation:

Persons not required to register with SEBI for working as the trustee of Special Purpose Distinct Entity (SPDE) under SEBI (Issue and Listing of Securitized Debt Instruments and Security Receipts) Regulations, 2008. The requirement of obtaining registration is not applicable for the following persons, who may act as trustees of special purpose distinct entities: any person registered as a debenture trustee with SEBI; 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; the National Housing Bank established by the National Housing Bank Act, 1987; the National Bank for Agriculture and Rural Development established by the National Bank for Agriculture and Rural Development Act, 1981; Provided that the aforesaid persons and special purpose distinct entities in respect of which they are trustees shall comply with all other provisions of these regulations: Provided further that the provisions of these regulations shall not apply to the National Housing Bank and the National Bank for Agriculture and Rural Development to the extent of inconsistency with the provisions of their respective Acts. any scheduled commercial bank other than a regional rural bank; any public financial Institution as defined under clause (72) of section 2 of the Companies Act, 2013; and 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: Securitized Debt Instruments

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