Debenture redemption reserve

VK ( ) (31 Points)

25 April 2014  
Hi my query is regarding DRR... Recently..Section 71 (4) of the Companies Act, 2013 (“Companies Act”) stated that a company issuing debentures is required to create a debenture redemption reserve (“DRR”) account out of the profits of the company available for payment of dividend and the amount credited to such account shall not be utilised by the company except for the redemption of debentures. Further, Rule 18(7) (a) of the Companies (Share Capital and Debentures) Rules, 2014 (“Debenture Rules”), provides that   (a)                DRR is to be created for an amount equivalent to at least 50% of the amount raised through the debenture issue before the debenture redemption commences; and   (b)               prior to the 30th day of April each year, every company required to create a DRR, is required to invest or deposit a sum not less than 15% of the amount of the debentures maturing during the year ending on 31st March of the next year in such investments as are specified therein.   In this regard, I would like to seek the following clarifications from an accounting perspective:   1.                  Quantum of amounts required to be accounted towards DRR every year:   (i)                 In respect of the accounting of amounts stated at (a) above, the provisions of the Companies Act and Debenture Rules, do not provide the quantum of amounts which are required to be accounted for every year. Therefore, while I understand that the DRR is required to be created at the time of issuance of the debentures, it is not clear whether, assuming the company is making profits, the same needs to be credited with equal annual amounts every year, or whether unequal amounts may be credited to the same so long as the requirement of achieving the minimum balance of 50% is met prior to redemption. Also, whether the accounting practice in this respect has changed in light of the new Companies Act, 2013 coming into force?   (ii)               Would the response to the above question change in the event the beneficiary of the debentures have a right to seek premature redemption through a put option?   2.                  Accounting reserve or cash to be set aside   Whether the amounts mentioned at point (a) are required to be deposited in the debenture redemption reserve or is it merely an accounting treatment?   3.                  15% deposit/ investment   Further, the requirement of depositing or investing 15% of the amount of debentures in specified securities, as stated at point (b) above, arises only in the year in which the debentueres are to mature. Hence, in the event the issuer company decides post April 30th of a financial year to exercise its right to prepay and seek premature redemption in the same financial year, would the company be required to invest such amounts, even in such a scenario?