Mention usual important conditions of debenture trust deed. Is debenture trust deed registrable?

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
Mention usual important conditions of debenture trust deed. Is debenture trust deed registrable?

Answer & Explanation:

The usual important conditions of debenture trust deeds are as follows: The main term of this trust deed must be an undertaking by the company to pay the debenture holders' principal and interest amount. The trust deed usually gives a legal mortgage on block capital and a floating security on the other assets of the company in favour of the trustee on behalf of the debenture holders. The trust deed gives in detail the conditions under which the loan is advanced. The trust deed should specify in some detail the remuneration payable to the trustee, their duties and responsibilities in relation to the trust property. It also gives in detail the rights of debenture holders to be exercised through the trustees in case of default by the company in payment of interest and principal as agreed upon. The trust deed should give the trustee the power to take possession of the property charged when the security becomes enforceable. The debenture trust deed is registrable and can be registered with the Registrar of Assurances at the place where the registered office of the company is situated.

Topics: Drafting of Deeds / Companies Act, 2013

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