Uma
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samkit kothari
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> DEBENTURE TRUST DEED
1. DESCRIPTION OF DEBENTURE ISSUE:
2. DETAILS OF CHARGE CREATED (in case of secured debentures)
3. PARTICULARS OF THE APPOINTMENT OF DEBENTURE TRUSTEE(S)
4. EVENTS OF DEFAULTS
5. OBLIGATIONS OF COMPANY
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lochan
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IMPORTANT CONDITIONS OF DEBENTURE TRUST DEED
important conditions of debenture trust deeds may be stated as follows:
1. 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.
2. The trust deed gives in detail the conditions under which the loan is advanced.
3. The trust deed should specify in some detail the remuneration payable to the trustee, their duties and
responsibilities in relation to the trust property. Section 119 of the Companies Act, 1956 specifically
provides that any provision contained in a trust deed for securing an issue of debentures, which has the
effect of exempting a trustee or indemnifying him against any liability for breach of trust shall be void.
4. It also gives in detail 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.
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