Peak Ltd, a listed company, proposes to issue Non-Convertible Debentures for an amount of ₹500 Crores to the public, incorporating call and put options only to the retail investors. Enumerate the conditions to be complie

CS Professional · Advanced Company Law and Practice · PYQS · December 2018
Peak Ltd, a listed company, proposes to issue Non-Convertible Debentures for an amount of ₹500 Crores to the public, incorporating call and put options only to the retail investors. Enumerate the conditions to be complied for the purpose.

Answer & Explanation:

A call option is one where the company issuing the NCDs has a right to recall the securities prior to maturity and put option is one where the investors get a right to redemption of the securities prior to maturity. Peak Ltd, while making the offer for issue of NCDs with call and put option only to the retail investors, shall ensure compliance with the following conditions:- Such right shall be exercised in accordance with the terms of issue like the date from which such right is exercisable, period of exercise which shall not be less than 3 working days, redemption amount including the premium or discount at which the redemption shall take place etc. The call or put option may be exercised for the entire securities issued or invested or only for a part of the issue. In case of exercise on part of the issue, it shall be done on proportionate basis only. No such right shall be exercisable before the expiry of 24 months from the date of issue of the securities. Peak Ltd shall send notice to all the eligible holders of such securities at least 21 days before the date from which such right is exercisable. Peak Ltd shall also provide a copy of such notice to the stock exchange where such securities are listed for wider dissemination and shall make an advertisement in the national daily having wide circulation indicating the details of such right and the eligibility of the holders who are entitled to avail such right. The Company shall pay the redemption proceeds to the investors along with interest due to the investors within 15 days from the last day within which such right can be exercised. The company shall pay interest at 15% p.a. for the period of delay, if any. After the completion of the exercise of such right, the company shall submit a detailed report to the stock exchange for public dissemination regarding the securities redeemed during the exercise period and details of the redemption thereof.

Topics: Debentures

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