Debenture trustee eligibility and duties clarified; stricter conflict-of-interest and compliance obligations imposed by regulatory update Regulations amend the framework for debenture trustees: updating definitions to align with the Companies Act, narrowing eligibility to scheduled commercial banks, public financial institutions, insurance companies and specified body corporates; expanding conflict-of-interest prohibitions on appointment; and imposing detailed duties to ensure consistency of prospectuses and trust deeds, monitoring and reporting of defaults, appointment of nominee directors on specified defaults, verification and enforcement of security creation, enhanced certification and reporting for receivables-backed issues, five-year recordkeeping, Compliance Officer certification, and strengthened liability and enforcement mechanisms.
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Debenture trustee eligibility and duties clarified; stricter conflict-of-interest and compliance obligations imposed by regulatory update
Regulations amend the framework for debenture trustees: updating definitions to align with the Companies Act, narrowing eligibility to scheduled commercial banks, public financial institutions, insurance companies and specified body corporates; expanding conflict-of-interest prohibitions on appointment; and imposing detailed duties to ensure consistency of prospectuses and trust deeds, monitoring and reporting of defaults, appointment of nominee directors on specified defaults, verification and enforcement of security creation, enhanced certification and reporting for receivables-backed issues, five-year recordkeeping, Compliance Officer certification, and strengthened liability and enforcement mechanisms.
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