Form No. 58 Particulars Of Series Of Debentures Containing Or Giving By Reference To Any Other Instrument, Any Charge The Benefit

Form No. 58 Registration No. Of Company F. The Companies Act, 1956

Particulars Of Series Of Debentures Containing, Or Giving By Reference To Any Other Instrument, Any Charge, The Benefit Of Which The Debenture Holders Of The Said Series Are Entitled Pari Passu Created By A Foreign Company

Companies Act, 1956

Sec 128     -     Particulars in case of series of debentures entitling holders pari passu.

Where a series of debentures containing, or giving by reference to any other instrument, any charge to the benefit of which debenture holders of that series are entitled pari passu is created by a company, it shall, for the purposes of section 125, be sufficient, if there are filed with the Registrar, within thirty days after the execution of the deed containing the charge or, if there is no such deed, after the execution of any debentures of the series, the following particulars :

(a) the total amount secured by the whole series ;

(b) the dates of the resolutions authorizing the issue of the series and the date of the covering deed, if any, by which the security is created or defined ;

(c) a general description of the property charged ; and

(d) the names of the trustees, if any, for the debenture holders ;

together with the deed containing the charge, or a copy of the deed verified in the prescribed manner, or if there is no such deed, one of the debentures of the series :

Provided that, where more than one issue is made of debentures in the series, there shall be filed with the Registrar, for entry in the register, particulars of the date and amount of each issue ; but an omission to do this shall not affect the validity of the debentures issued.

Sec 129     -     Particulars in case of commission, etc., on debentures. 

Where any commission, allowance or discount has been paid or made either directly or indirectly by a company to any person in consideration of his subscribing or agreeing to subscribe, whether absolutely or conditionally, for any debentures of the company, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any such debentures, the particulars required to be filed for registration under sections 125 and 128 shall include particulars as to the amount or rate per cent of the commission, discount or allowance so paid or made ; but an omission to do this shall not affect the validity of the debentures issued :

Provided that the deposit of any debentures as security for any debt of the company shall not, for the purposes of this section, be treated as the issue of the debentures at a discount.

This Form is to be used for registration of particulars of the entire series.  When more than one issue of debentures in the series is made, particulars, of each issue subsequent to the first should be sent to the Registrar on Form No. 57

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