By going through these Maharashtra State Board Secretarial Practice 12th Commerce Notes Chapter 1 Introduction To Corporate Finance students can recall all the concepts quickly.

Maharashtra State Board Class 12 Secretarial Practice Notes Chapter 4 Issue of Debentures

→ The company can make a public issue of debentures only when:

  • Company or its Promoters or its Directors are not prohibited from accessing securities market by SEBI.
  • Company or its Promoters or its Directors have not declared themselves as defaulters or has not defaulted in repaying principal, interest or debt for a period of more than 6 months.

→ The company can issue debentures to its members through:

  • Public Offer
  • Private Placement

Maharashtra Board Class 12 Secretarial Practice Notes Chapter 4 Issue of Debentures

→ The company can also list its debentures on stock exchanges.

→ Section 71 of the Companies Act 2013, deals with the issue of debenture.

→ SEBI Regulation 2008 deals with provision for issue and listing of debenture which is not convertible.

→ SEBI Regulation 2009 deals with the provision for the issue of debenture and the listing of debenture that are convertible.

→ The Board of Directors has the power to issue debentures at:

  • Par
  • Premium
  • Discount.

→ The Board of Directors can issue debentures up to a limit mentioned in the Articles of Association. Special Resolution is required to be passed in General Meeting to issue more debentures.

→ Following provisions are to be followed while issuing debentures:

  • Provisions laid by Companies Act, 2013
  • Provisions laid by Companies (Share Capital and Debentures) Rules 2014
  • SEBI Regulation

→ Company issuing prospectus or more than 500 debentures has to appoint one or more Debenture Trustees.

Maharashtra Board Class 12 Secretarial Practice Notes Chapter 4 Issue of Debentures

→ Debenture Trust Deed is an agreed contract between the company and Debenture Trustee containing terms and conditions.