Friday, September 7, 2018

Discuss about the remedies available to a debenture holder when his/her debentures are in jeopardy

If the company fails to pay interest or principal on the due date or fails to comply with any of the terms and conditions under which the debenture was issued, the debenture holder can adopt any of the following remedial measures:

1. He may file a suit for the recovery of money by sale of the assets which were charged for the payment of the money.

2. He may file an application for the appointment of a receiver by the court.

3. He may himself appoint a receiver if the terms of the debenture entitled him to do so.

4. The trustees may sell the properties charged, if such a Power is given to them under the terms of the debenture.

5. He may apply to the court for the foreclosure of the company's right to redeem the properties charged for the Payment of the money.

6. He may present Petition for the winding up of the company.

0 comments:

Post a Comment

Application of Forensic Audit in Private and Public Sector Organizations

Forensic auditing has emerged as a powerful tool in both private and public sector organizations to combat fraud, ensure transparency, and m...