Chapter III - PUBLIC ISSUE AND LISTING OF DEBT SECURITIES AND NON CONVERTIBLE REDEEMABLE PREFERENCE SHARES
Part A - PROVISIONS APPLICABLE TO PUBLIC ISSUE AND LISTING OF DEBT SECURITIES AND NON CONVERTIBLE REDEEMABLE PREFERENCE SHARES (From Regulation 25 to Regulation 38)
Regulation 43 - Creation of security for secured debt securities
Securities and Exchange Board of India (Issue and Listing of Non-Convertible Securities) Regulations, 2021 Part B ADDITIONAL CONDITIONS APPLICABLE TO A PUBLIC ISSUE AND LISTING OF DEBT SECURITIES
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Creation of security for secured debt securities requires disclosure and undertaking that assets provide full cover and are unencumbered. Issuers may create charges over various asset classes of the issuer, subsidiaries, holding or associate companies; such charges must be disclosed in the offer document and Debenture Trust Deed with an undertaking that the charged assets provide full security cover and are free from encumbrances, and where encumbered, prior consent or permission of existing creditors must be obtained before creating further charge.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Creation of security for secured debt securities requires disclosure and undertaking that assets provide full cover and are unencumbered.
Issuers may create charges over various asset classes of the issuer, subsidiaries, holding or associate companies; such charges must be disclosed in the offer document and Debenture Trust Deed with an undertaking that the charged assets provide full security cover and are free from encumbrances, and where encumbered, prior consent or permission of existing creditors must be obtained before creating further charge.
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