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Debentures are freely transferable by the debenture holder. Debenture holders have no rights to vote in the company's general meetings of shareholders, but they may have separate meetings or votes e.g. on changes to the rights attached to the debentures. The interest paid to them is a charge against profit in the company's financial statements.
The decision in Mosely v Koffyfontein Mines Ltd established an important precedent in UK company law regarding the issuance of debentures convertible into shares. It clarified that such debentures cannot be issued at a price below the nominal value of the company's shares, thereby protecting the rights of existing shareholders and maintaining the nominal value of share capital.
The paper said these were “debentures”. Meanwhile, the Stamp Act 1870, a taxation statute, said that “debentures” were subject to a higher rate of stamp duty. The company then tried to argue that in fact these were not debentures at all, and merely a “promissory note”. A. V. Dicey and Farrer Herschell QC appeared for the Revenue.
The Companies Act 2013 (No. 18 of 2013) is an Act of the Parliament of India which forms the primary source of Indian company law.It received presidential assent on 29 August 2013, and largely superseded the Companies Act 1956.
BCE Inc v 1976 Debentureholders, 2008 SCC 69 (CanLII), [2008] 3 SCR 560 [2] is a leading decision of the Supreme Court of Canada on the nature of the duties of corporate directors to act in the best interests of the corporation, "viewed as a good corporate citizen".
Company directors sent shareholders a prospectus inviting subscriptions for debenture bonds. It said money would go to alter their buildings, buy horses, vans and expand into supplying fish. Really though, the purpose was to pay off liabilities, because the company was in trouble.
In finance, subordinated debt (also known as subordinated loan, subordinated bond, subordinated debenture or junior debt) is debt which ranks after other debts if a company falls into liquidation or bankruptcy. Such debt is referred to as 'subordinate', because the debt providers (the lenders) have subordinate status in relationship to the ...
When L Co was wound up, JW (the plaintiff's brother) was the holder of debentures for 28,000 pounds, which the company had issued before its liquidation. His claim on the debentures was extinguished, however, on account of a debt of at least 55,000 pounds, which he owed to the company.