Issue of convertible debenture by pvt.company under ca 2013
This query is : Resolved
Payal Chauhan
(Querist)
31 March 2016
Dear Friends,
Can any one guide me procedure and on draft documents to be required for issue of Convertible Debenture by PVT. Company under Companies Act, 2013.
Can any one guide me procedure and on draft documents to be required for issue of Convertible Debenture by PVT. Company under Companies Act, 2013.
Purnima Parashar
(Expert)
01 April 2016
refer this Link https://taxguru.in/company-law/checklist-issue-debentures-companies-act-2013.html
01 April 2016
Provisions: - Section 71, 72 of Companies Act 2013 & Rule 18, 19 of Companies (Share Capital and Debenture) Rules 2014
Procedure
• Passed Board Resolution authorizing the Company to issue the Debentures.
• Appointment of Debenture Trustees & executing trust deed in Form SH 12 executed in favour of Debenture Trustee (DT) within 60 days of Allotment (For Secured Debt.)
• Debenture raised through :-
Private Placement
Approval of PAS 4 & PAS 5; Valuation report from CA
Secured Debenture
Appointment of DT & entering an agreement with DT; Creation of Charge
• Hold General Meeting
• File PAS 4 ; PAS 5 through GNL 1 ; MGT 14
• Form CHG 9 for creation of charge ; PAS 3 after making allotment
Procedure
• Passed Board Resolution authorizing the Company to issue the Debentures.
• Appointment of Debenture Trustees & executing trust deed in Form SH 12 executed in favour of Debenture Trustee (DT) within 60 days of Allotment (For Secured Debt.)
• Debenture raised through :-
Private Placement
Approval of PAS 4 & PAS 5; Valuation report from CA
Secured Debenture
Appointment of DT & entering an agreement with DT; Creation of Charge
• Hold General Meeting
• File PAS 4 ; PAS 5 through GNL 1 ; MGT 14
• Form CHG 9 for creation of charge ; PAS 3 after making allotment
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Payal Chauhan
(Querist)
01 April 2016
Thank u, mandar and purnima for replying.
Mandar appointment of debenture trustee and deed is compulsory for convertible debenture/
Mandar appointment of debenture trustee and deed is compulsory for convertible debenture/
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