Write notes on the following: Wilful default.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2015
Write notes on the following: Wilful default.
Answer & Explanation:
Wilful default A "wilful default" is deemed to have occurred if any of the following events is noted:- The company has defaulted in meeting its payment/repayment obligations to the lender even when it has the capacity to honour the said obligations. The company has defaulted in meeting its payment/repayment obligations to the lender and has not utilised the finance from the lender for the specific purposes for which finance was availed of but has diverted the funds for other purposes. The company has defaulted in meeting its payment/repayment obligations to the lender and has siphoned off the funds so that the funds have not been utilised for the specific purpose for which finance was availed of, nor are the funds available with the unit in the form of other assets. Thus, there must be a default and it must be wilful, knowing default.
Topics: Banking Law
Related Questions in this Topic
- A company "issuer" was in the process of making an offer to Right Issue of the specified securities. All the process was...
- You as a practising Company Secretary has been approached by Popular Bank to carry out due diligence regarding the loan ...
- 'The successful merger demands that strategic planners are sensitive to the human issues of the organizations'. For this...
- Distinguish between the following: ISO 14001:2015 and ISO 14004:2016 on environmental management systems.
- Distinguish between the following: Relevant Geographic Market and Relevant Product Market.