Securities Markets Order, 2013 · As enacted
119. Debentures
Official textFrom Attorney General's Chambers, unchanged
In addition to the general requirements under section 118, the registration statement for the sale of debentures shall contain the following information -
(a}
rights and restrictions related to the transfer of the debentures;
(b} return on the debentures;
(c} property or other collateral used as security for repayment, if any;
(d} debenture holder's representative if any;
debenture
"debenture" means a written acknowledgement of indebtedness, issued by a company in respect of a loan made or to be made to it or to any other person, or of money deposited or to be deposited with the company or any other person, or of the existing indebtedness of the company or any other person, whether constituting a charge on any of the assets of the company or not, and includes- {a) a debenture stock; {b) a convertible debenture; {c) a bond or an obligation; {d) a loan stock; {e) an unsecured note; or {f) any other instrument executed, authenticated, issued or created in consideration of such a loan or existing indebtedness. but does not include- {a) a bill of exchange; {b) a promissory note; {c) a letter of credit; 1325 6th. AUGUST, 2013 (d) an acknowledgement of indebtedness issued in the ordinary course of business for goods or services supplied; {ej a policy of insurance; or (fJ a deposit certificate, pass book or other similar document issued in connection with a deposit or current account at a financial institution.
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{e)
encumbrances on the property of the company which issues securities in case of unsecured securities;
{f)
outstanding debt from previous issues of debentures;
{g)
procedure, time, and place of repayment;
procedures for the conversion of rights, if any;
(i}
such other information as the Authority may specify by regulations.
Rights to purchase shares or debentures.
Terms defined in s 115
debenture
Defined · s 115"debenture" means a written acknowledgement of indebtedness, issued by a company in respect of a loan made or to be made to it or to any other person, or of money deposited or to be deposited with the company or any other person, or of the existing indebtedness of the company or any other person, whether constituting a charge on any of the assets of the company or not, and includes- {a) a debenture stock; {b) a convertible debenture; {c) a bond or an obligation; {d) a loan stock; {e) an unsecured note; or {f) any other instrument executed, authenticated, issued or created in consideration of such a loan or existing indebtedness. but does not include- {a) a bill of exchange; {b) a promissory note; {c) a letter of credit; 1325 6th. AUGUST, 2013 (d) an acknowledgement of indebtedness issued in the ordinary course of business for goods or services supplied; {ej a policy of insurance; or (fJ a deposit certificate, pass book or other similar document issued in connection with a deposit or current account at a financial institution.
Part X
Part X.
Part VI
Public Company Statements and Reporting Requirements
Part VII
Capital Markets Services Licence and Representative'S Licence
Part VIII
Books, Audit and Client'S Assets
Part IX
Part X
Intervention Powers of Authority
Part XI
Complaints Committee and Investor Compensation Scheme
Part XII
Financial Markets Services Panel
Part XIII