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Distinguish Between · Q3

Q.Distinguish between correspondence with a Debenture-holder and correspondence with a Shareholder/Member of a company.

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Correspondence with debenture-holders and correspondence with shareholders/members differ on several points:

BasisCorrespondence with Debenture-holderCorrespondence with Shareholder/Member
Status of recipientCreditor of the companyOwner/member of the company
Periodic return communicatedInterest, at a fixed rate, regardless of profitDividend, only out of profit, if declared
Notice of general meetingsNever sent — Section 71(2) bars any voting rightRegularly sent — a member has a vote to exercise
End of the instrument's lifeRedemption (repayment of principal) or conversion into sharesNo redemption for equity shares — a member's holding continues until transferred
Conversion possibilityApplicable only where the debenture is convertibleNot applicable — a share is already an ownership unit
Priority in tone/contentBusinesslike information about a fixed contractual entitlementCombines information with, at times, matters requiring the member's decision (e.g., resolutions to vote on)

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